AMENDMENT 501
The Commentary to §5E1.1 captioned "Background" is amended in the second paragraph by inserting the following additional sentence as the first sentence:
"A court’s authority to decline to order restitution is limited.";
by inserting, immediately after "18 U.S.C. § 3663(d).", the following:
"The legislative history of 18 U.S.C. § 3579, the precursor of 18 U.S.C. § 3663, states that even ‘[i]n those unusual cases where the precise amount owed is difficult to determine, the section authorizes the court to reach an expeditious, reasonable determination of appropriate restitution by resolving uncertainties with a view toward achieving fairness to the victim.’ S. Rep. No. 532, 97th Cong., 2d Sess. 31, reprinted in 1982 U.S. Code Cong. & Ad. News 2515, 2537.";
and by inserting the following additional sentence as the last sentence:
"Subsection (a)(2) provides for restitution as a condition of probation or supervised release for offenses not set forth in Title 18, United States Code, or 49 U.S.C. § 1472(h), (i), (j), or (n).".
The Commentary to §5E1.1 captioned "Background" is amended by deleting the fifth paragraph as follows:
" A court’s authority to deny restitution is limited. Even ‘in those unusual cases where the precise amount owed is difficult to determine, section 3579(d) authorizes the court to reach an expeditious, reasonable determination of appropriate restitution by resolving uncertainties with a view toward achieving fairness to the victim.’ S. Rep. No. 532, 97th Cong., 2d Sess. 31, reprinted in 1982 U.S. Code Cong. & Ad. News 2515, 2537.";
and by deleting the seventh paragraph as follows:
" Subsection (a)(2) provides for restitution as a condition of probation or supervised release for offenses not set forth in Title 18, United States Code, or 49 U.S.C. § 1472(h), (i), (j), or (n).".
Reason for Amendment: This amendment updates the background commentary of §5E1.1 to reflect the redesignation of 18 U.S.C. § 3579 as 18 U.S.C. § 3663. In addition, it moves material from the fifth and seventh paragraphs to the second paragraph to enhance clarity.
Effective Date: The effective date of this amendment is November 1, 1993.