AMENDMENT 523
The Commentary to §2L1.2 captioned "Application Notes" is amended in Note 2 by deleting:
"a sentence at or near the maximum of the applicable guideline range may be warranted",
and inserting in lieu thereof:
"an upward departure may be warranted. See §4A1.3 (Adequacy of Criminal History Category)".
Reason for Amendment: This amendment revises §2L1.2 (Unlawfully Entering or Remaining in the United States) to authorize the court to consider an upward departure in the case of a defendant with repeated prior instances of deportation not resulting in a criminal conviction.
Effective Date: The effective date of this amendment is November 1, 1995.