AMENDMENT 267
The Commentary to §4B1.1 captioned "Application Note" is amended in Note 1 by deleting "felony conviction" and inserting in lieu thereof "two prior felony convictions".
The Commentary to §4B1.1 captioned "Application Note" is amended by inserting the following additional note:
"2. ‘Offense Statutory Maximum’ refers to the maximum term of imprisonment authorized for the offense of conviction that is a crime of violence or controlled substance offense. If more than one count of conviction is of a crime of violence or controlled substance offense, use the maximum authorized term of imprisonment for the count that authorizes the greatest maximum term of imprisonment.",
and in the caption by deleting "Note" and inserting in lieu thereof "Notes".
The Commentary to §4B1.1 captioned "Background" is amended by deleting:
"128 Cong. Rec. 12792, 97th Cong., 2d Sess. (1982) (‘Career Criminals’ amendment No. 13 by Senator Kennedy), 12796 (explanation of amendment), and 12798 (remarks by Senator Kennedy)",
and inserting in lieu thereof:
"128 Cong. Rec. 26, 511-12 (1982) (text of ‘Career Criminals’ amendment by Senator Kennedy), 26, 515 (brief summary of amendment), 26, 517-18 (statement of Senator Kennedy)".
Reason for Amendment: The purposes of this amendment are to clarify the operation of the guideline and to provide a citation to the more readily available edition of the Congressional Record.
Effective Date: The effective date of this amendment is November 1, 1989.