AMENDMENT 525
Section 2P1.2(a)(2) is amended by inserting "methamphetamine," immediately following "PCP,".
Section 2P1.2(a)(3) is amended by inserting "methamphetamine," immediately following "PCP,".
Section 2P1.2 is amended by deleting subsection (c)(1) as follows:
"(1) If the defendant is convicted under 18 U.S.C. § 1791(a)(1) and is punishable under 18 U.S.C. § 1791(b)(1), the offense level is 2 plus the offense level from §2D1.1, but in no event less than level 26.",
and inserting in lieu thereof:
"(1) If the object of the offense was the distribution of a controlled substance, apply the offense level from §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking; Attempt or Conspiracy). Provided, that if the defendant is convicted under 18 U.S.C. § 1791(a)(1) and is punishable under 18 U.S.C. § 1791(b)(1), and the resulting offense level is less than level 26, increase to level 26.".
Reason for Amendment: This amendment conforms the offense level for methamphetamine offenses in a correctional or detention facility to that of other controlled substance offenses committed in a correctional or detention facility that have the same statutory maximum penalty. This change reflects the increase in the maximum penalty for methamphetamine offenses in section 90101 of the Violent Crime Control and Law Enforcement Act of 1994. In addition, the amendment expands the cross reference in §2P1.2(c)(1) to cover distribution of all controlled substances in a correctional or detention facility.
Effective Date: The effective date of this amendment is November 1, 1995.