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2013 United States Sentencing Commission Guidelines Manual [i] (2013)

handle is hein.usfed/ussecog0038 and id is 1 raw text is: UNITED STATES SENTENCING COMMISSION
WASHINGTON, DC 20002-8002
(202) 502-4500
FAX (202) 502-4699
September 15, 2013
To all recipients of the Guidelines Manual:
As Chair of the United States Sentencing Commission, I am pleased to transmit this
edition of the Guidelines Manual, which incorporates new guidelines and amendments effective
November 1, 2013.
As always, the telephone number for the USSC HelpLine is (202) 502-4545. The hours
of operation are from 8:30 a.m. to 5 p.m., Eastern time, Monday through Friday. The Guidelines
Manual and other Commission publications and information are also available on the
Commission's web site at www.ussc.gov. On the web site, for example, you will find the
Interactive Sourcebook of Federal Sentencing Statistics and the new Quick Facts publication
The 2013 amendments include some substantive, clarifying, and technical revisions to
guidelines, policy statements, and commentary. Among other substantive changes, these 2013
amend §2B1.1 (Theft, Property Destruction, and Fraud) to raise penalties on
certain trade secret offenses, such that (A) if the defendant knew or intended that
the offense would benefit a foreign entity, a 4-level enhancement and a minimum
offense level of 14 apply; and (B) if the defendant knew or intended that the trade
secret would be transported out of the United States, a 2-level enhancement
further amend §2B1.1 to create a tiered enhancement for offenses involving pre-
retail medical products (as described in 18 U.S.C. § 670), including a 4-level
enhancement if the defendant was a person in the supply chain for the pre-retail
medical product and a 2-level enhancement otherwise;
amend §2B5.3 (Criminal Infringement of Copyright or Trademark) to provide (A)
a 2-level enhancement if the offense involves a counterfeit drug; and (B) a 2-level
enhancement and a minimum offense level of 14 if the offense involves a
counterfeit military good or service the use, malfunction, or failure of which is
likely to cause the disclosure of classified information, impairment of combat
operations, or other significant harm to a combat operation, a member of the
Armed Forces, or to national security;

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