AMENDMENT 547
Section §1B1.5(d) is amended by deleting "final offense level (i.e., the greater offense level taking into account both the Chapter Two offense level and any applicable Chapter Three adjustments)" and inserting in lieu thereof "Chapter Two offense level, except as otherwise expressly provided".
The Commentary to §1B1.5 captioned "Application Notes" is amended in Note 1 by deleting "§" before "2D1.2(a)(1)"; and by deleting ", (2), and 2H1.1(a)(1)" and inserting in lieu thereof "and (2))".
The Commentary to §1B1.5 captioned "Application Notes" is amended in Note 2 in the second sentence by deleting "greater final"; by deleting "(i.e., the greater offense level"; and by deleting "both" and inserting in lieu thereof "only".
The Commentary to §1B1.5 captioned "Application Notes" is amended in Note 2 by deleting:
"and any applicable Chapter Three adjustments). Although the offense guideline that results in the greater offense level under Chapter Two will most frequently result in the greater final offense level, this will not always be the case. If, for example, a role or abuse of trust adjustment applies to the cross-referenced offense guideline, but not to the guideline initially applied, the greater Chapter Two offense level may not necessarily result in a greater final offense level.",
and inserting in lieu thereof:
", unless the offense guideline expressly provides for consideration of both the Chapter Two offense level and applicable Chapter Three adjustments. For situations in which a comparison involving both Chapters Two and Three is necessary, see the Commentary to §§2C1.1 (Offering, Giving, Soliciting, or Receiving a Bribe); 2C1.7 (Fraud Involving Deprivation of the Intangible Right to the Honest Services of Public Officials); 2E1.1 (Unlawful Conduct Relating to Racketeer Influenced and Corrupt Organizations); and 2E1.2 (Interstate or Foreign Travel or Transportation in Aid of a Racketeering Enterprise).".
The Commentary to §2C1.1 captioned "Application Notes" is amended by inserting after Note 6 the following additional note:
"7. For the purposes of determining whether to apply the cross references in this section, the ‘resulting offense level’ means the greater final offense level (i.e., the offense level determined by taking into account both the Chapter Two offense level and any applicable adjustments from Chapter Three, Parts A-D).".
The Commentary to §2C1.7 captioned "Application Notes" is amended by inserting after Note 5 the following additional note:
"6. For the purposes of determining whether to apply the cross references in this section, the ‘resulting offense level’ means the greater final offense level (i.e., the offense level determined by taking into account both the Chapter Two offense level and any applicable adjustments from Chapter Three, Parts A-D).".
Reason for Amendment: This amendment simplifies the guidelines by restricting the cross-reference comparison to the Chapter Two offense levels, unless a different procedure is expressly specified. With respect to §§2C1.1, 2C1.7, 2E1.1, and 2E1.2, the amendment, and an express provision in each of these guidelines, provide a different procedure because these guidelines are the only four offense guidelines in which the inclusion of Chapter Three adjustments in the comparison is likely to make a difference.
Effective Date: The effective date of this amendment is November 1, 1997.