AMENDMENT 513
Section 2B5.1(b) is amended by inserting the following additional subdivision:
"(3) If a dangerous weapon (including a firearm) was possessed in connection with the offense, increase by 2 levels. If the resulting offense level is less than level 13, increase to level 13.".
The Commentary to §2B5.1 captioned "Application Notes" is amended in Note 2 by deleting "2B5.2" and inserting in lieu thereof "2F1.1".
The Commentary to §2B5.1 captioned "Background" is amended by inserting the following additional paragraph as the second paragraph:
" Subsection (b)(3) implements, in a broader form, the instruction to the Commission in section 110512 of Public Law 103-322.".
Section 2F1.1(b)(4) is amended by inserting "(A)" immediately following "involved"; and by inserting "or (B) possession of a dangerous weapon (including a firearm) in connection with the offense," immediately following "injury,".
The Commentary to §2F1.1 captioned "Statutory Provisions" is amended by deleting "78d," immediately following "77x,".
The Commentary to §2F1.1 captioned "Application Notes" is amended in Note 12 by inserting "Hate Crime Motivation or" immediately before "Vulnerable Victim".
The Commentary to §2F1.1 captioned "Background" is amended by inserting the following additional paragraph as the sixth paragraph:
" Subsection (b)(4)(B) implements, in a broader form, the instruction to the Commission in section 110512 of Public Law 103-322.".
Reason for Amendment: Section 110512 of the Violent Crime Control and Law Enforcement Act of 1994 directs the Commission to amend its sentencing guidelines to provide an appropriate enhancement for a defendant convicted of a felony under Chapter 25 (Counterfeiting and Forgery) of title 18, United States Code, if the defendant used or carried a firearm during and in relation to the offense. This amendment implements this directive in a somewhat broader form.
In addition, this amendment corrects an outdated reference in the Commentary to §2B5.1 (Offenses Involving Counterfeit Bearer Obligations of the United States) and conforms the Commentary to §2F1.1 (Fraud and Deceit; Forgery; Offenses Involving Altered or Counterfeit Instruments Other than Counterfeit Bearer Obligations of the United States) with respect to the amended title of §3A1.1 (Hate Crime Motivation or Vulnerable Victim).
Effective Date: The effective date of this amendment is November 1, 1995.