AMENDMENT 432
The Commentary to §2N2.1 captioned "Application Notes" is amended in Note 1 by inserting "or reckless" immediately before "conduct".
The Commentary to §2N2.1 captioned "Application Notes" is amended in Note 4 by deleting "anabolic steroids" and inserting in lieu thereof "human growth hormones", and by inserting at the end:
"Offenses involving anabolic steroids are covered by Chapter Two, Part D (Offenses Involving Drugs). In the case of an offense involving a substance purported to be an anabolic steroid, but not containing any active ingredient, apply §2F1.1 (Fraud and Deceit) with ‘loss’ measured by the amount paid, or to be paid, by the victim for such substance.".
Reason for Amendment: This amendment clarifies Application Note 1 with respect to reckless conduct, conforms Application Note 4 to reflect that offenses involving anabolic steroids will be covered under §2D1.1 (Amendment 369), and clarifies the treatment of an offense involving a substance purported to be an anabolic steroid, but containing no active ingredient.
Effective Date: The effective date of this amendment is November 1, 1991.