AMENDMENT 406
The Commentary to §2P1.1 captioned "Application Notes" is amended by inserting the following additional note:
"6. If the adjustment in subsection (b)(1) applies as a result of conduct that involves an official victim, do not apply §3A1.2 (Official Victim).".
Reason for Amendment: This amendment addresses the issue raised in United States v. Dugan, 912 F.2d 942 (8th Cir. 1990) concerning the interaction between §2P1.1(b)(1) and §3A1.2 by expressly providing that where an enhancement from subsection (b)(1) applies, §3A1.2 does not apply.
Effective Date: The effective date of this amendment is November 1, 1991.