AMENDMENT 414
The Commentary to §3B1.1 captioned "Application Notes" is amended in Note 1 by inserting the following additional sentence at the end:
"A person who is not criminally responsible for the commission of the offense (e.g., an undercover law enforcement officer) is not a participant.".
Reason for Amendment: This amendment clarifies the operation of this guideline in accord with the holding in United States v. Carroll, 893 F.2d 1502 (6th Cir. 1990).
Effective Date: The effective date of this amendment is November 1, 1991.