AMENDMENT 455
Section 3A1.2(a) is amended by deleting:
"a law enforcement or corrections officer; a former law enforcement or corrections officer; an officer or employee included in 18 U.S.C. § 1114; a former officer or employee included in 18 U.S.C. § 1114",
and inserting in lieu thereof:
"a government officer or employee; a former government officer or employee".
The Commentary to §3A1.2 captioned "Application Notes" is amended in Note 2 by deleting:
"are not expressly covered by this section. The court should make an upward departure of at least three levels in those unusual cases in which such persons are victims",
and inserting in lieu thereof:
"although covered by this section, do not represent the heartland of the conduct covered. An upward departure to reflect the potential disruption of the governmental function in such cases typically would be warranted".
The Commentary to §3A1.2 captioned "Application Notes" is amended in Note 4 by deleting "law enforcement or corrections officer or other person covered under 18 U.S.C. § 1114" and inserting in lieu thereof "government officer or employee"; and by inserting the following additional sentence at the end:
"This adjustment also would not apply in the case of a robbery of a postal employee because the offense guideline for robbery contains an enhancement (§2B3.1(a)) that takes such conduct into account.".
Reason for Amendment: This amendment expands the coverage of this guideline to apply in the case of any government officer or employee, former government officer or employee, or a member of the immediate family of any of the above, who is targeted because of the official conduct or position of that officer or employee.
Effective Date: The effective date of this amendment is November 1, 1992.