What is the base offense level for a defendant convicted under 18 U.S.C. Section 1791(a)(1) of the Criminal Code?

Torrejon was convicted under 18 U.S.C. 1791(a)(1) and was subject to punishment under 18 U.S.C. 1791(b)(1). ² Consequently, Sentencing Guidelines Section 2P1.2 applies. If a defendant is convicted under section 1791(a)(1) and punishable under section 1791(b)(1), the cross reference to section 2P1.2 provides that "the offense level is 2 plus the offense level from 2D1.1, but in no event less than level 26." ³ USSG 2P1.2(c)(1). Under section 2D1.1, Torrejon's base offense level would be 12. With the addition of two points, the offense level would be 14. However, the cross reference specifically states that the offense level shall not be less than 26. Accordingly, applying the unambiguous language of section 2P1.2(c)(1), the district court correctly determined Torrejon's base offense level to be 26. See United States v. Cruz, 58 F.3d 550, 554 (10th Cir.1995).