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AMENDMENTS TO THE GUIDELINES MANUAL

2023

AMENDMENT 540

Appendix A (Statutory Index) is amended by inserting at the appropriate place by title and section:

"8 U.S.C. § 1255a(c)(6) 2L2.1, 2L2.2",

"16 U.S.C. § 1372 2Q2.1",

"16 U.S.C. § 1387 2Q2.1",

"18 U.S.C. § 474A 2B5.1, 2F1.1",

"18 U.S.C. § 842(l)-(o) 2K1.3",

"18 U.S.C. § 844(b) 2K1.1",

"18 U.S.C. § 844(g) 2K1.3",

"18 U.S.C. § 844(n) 2X1.1",

"18 U.S.C. § 844(o) 2K2.4",

"18 U.S.C. § 956 2A1.5, 2X1.1",

"18 U.S.C. § 1073 2J1.5, 2J1.6",

"18 U.S.C. § 2319A 2B5.3",

"21 U.S.C. § 843(a)(4)(A) 2D1.13",

"26 U.S.C. § 7212(b) 2B1.1, 2B2.1, 2B3.1",

"41 U.S.C. § 423(e) 2C1.1, 2C1.7, 2F1.1",

"49 U.S.C. § 11902 2B4.1",

"49 U.S.C. § 11903 2F1.1",

"49 U.S.C. § 14904 2B4.1",

"49 U.S.C. § 14103(b) 2B1.1",

"49 U.S.C. § 14905(b) 2B1.1",

"49 U.S.C. § 14909 2J1.1",

"49 U.S.C. § 14912 2F1.1",

"49 U.S.C. § 16102 2F1.1",

"49 U.S.C. § 16104 2J1.1".

Appendix A (Statutory Index) is amended in the line referenced to 8 U.S.C. § 1328, by deleting ", 2G1.2";

in the line referenced to 18 U.S.C. § 32(a),(b) by inserting ", 2X1.1" immediately following "2K1.4";

in the line referenced to 18 U.S.C. § 37 by inserting ", 2X1.1" immediately following "2K1.4";

in the line referenced to 18 U.S.C. § 115(a) by inserting ", 2X1.1" immediately following "2A6.1";

in the line referenced to 18 U.S.C. § 115(b)(2) by inserting ", 2X1.1" immediately following "2A4.1";

in the line referenced to 18 U.S.C. § 115 (b)(3) by inserting ", 2X1.1" immediately following "2A2.1";

in the line referenced to 18 U.S.C. § 491 by inserting "2B5.1," immediately before "2F1.1";

in the line referenced to 18 U.S.C. § 752 by inserting ", 2X3.1" immediately following "2P1.1";

in the line referenced to 18 U.S.C. § 1203 by inserting ", 2X1.1" immediately following "2A4.1";

in the line referenced to 18 U.S.C. § 2280 by inserting ", 2X1.1" immediately following "2K1.4";

in the line referenced to 18 U.S.C. § 2281 by inserting ", 2X1.1" immediately following "2K1.4";

in the line referenced to 18 U.S.C. § 2421, by deleting ", 2G1.2";

in the line referenced to 18 U.S.C. § 2422, by deleting ", 2G1.2";

in the line referenced to 18 U.S.C. § 2423(a), by deleting "2G1.2" and inserting in lieu thereof "2G1.1";

by deleting:

"42 U.S.C. § 7413 2Q1.2, 2Q1.3",

and inserting in lieu thereof:

"42 U.S.C. § 7413(c)(1)-(4) 2Q1.2, 2Q1.3

42 U.S.C. § 7413(c)(5) 2Q1.1";

in the line referenced to 49 U.S.C. § 11904 by deleting "2B4.1" and inserting in lieu thereof "2F1.1 (2B4.1 for offenses committed prior to January 1, 1996)";

in the line referenced to 49 U.S.C. § 11907(a) by inserting "(for offenses committed prior to January 1, 1996)" immediately following "2B4.1";

in the line referenced to 49 U.S.C. § 11907(b) by inserting "(for offenses committed prior to January 1, 1996)" immediately following "2B4.1"; and

in the line referenced to 49 U.S.C. § 46502(a),(b) by inserting ", 2X1.1" immediately following "2A5.1".

The Commentary to §3B1.4 captioned "Application Notes" is amended in Note 1 by deleting "processing" and inserting in lieu thereof "procuring".

The Commentary to §5C1.2 captioned "Application Notes" is amended in Note 6 in the second sentence by deleting "a ‘organizer," and inserting in lieu thereof "an ‘organizer,".

Reason for Amendment: This amendment makes Appendix A (Statutory Index) more comprehensive. References are added for additional offenses, including offenses enacted by the Marine Mammal Protection Act Amendments of 1994, Pub. L. 103-238, 108 Stat. 532; the ICC Termination Act of 1995, Pub. L. 104-88, 109 Stat. 803; the National Defense Authorization Act for Fiscal Year 1996, Pub. L. 104-106, 110 Stat. 186; and the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. 104-132, 110 Stat. 1214. In addition, this amendment revises Appendix A to conform to the revision of existing statutes and reflect the consolidation of §§2G1.1 and 2G1.2. Finally, this amendment corrects clerical errors in §§3B1.4 and 5C1.2.

Effective Date: The effective date of this amendment is November 1, 1996.