AMENDMENT 26
The Commentary to §2E1.1 captioned "Application Notes" is amended in Note 1 by deleting:
"For purposes of subsection (a)(2), determine the offense level for each underlying offense. Use the provisions of Chapter Three, Part D (Multiple Counts), to determine the offense level, treating each underlying offense as if contained in a separate count of conviction.",
and inserting in lieu thereof:
"Where there is more than one underlying offense, treat each underlying offense as if contained in a separate count of conviction for the purposes of subsection (a)(2). To determine whether subsection (a)(1) or (a)(2) results in the greater offense level, apply Chapter Three, Parts A, B, C, and D to both (a)(1) and (a)(2). Use whichever subsection results in the greater offense level.".
Reason for Amendment: The purpose of this amendment is to clarify the guideline.
Effective Date: The effective date of this amendment is June 15, 1988.