AMENDMENT 679
Section 2A2.4 is amended by striking the Commentary captioned "Background" as follows:
"Background: Violations of 18 U.S.C. §§ 1501, 1502, and 3056(d) are misdemeanors; violation of 18 U.S.C. § 111 is a felony.".
The Commentary to §2B1.1 captioned "Application Notes" is amended in Note 15 in the first sentence by inserting "involving fraudulent conduct that is" after "establishes an offense"; and in the second sentence by inserting "involves fraudulent conduct that" after "the offense".
Section 2B3.3(c)(1) is amended by inserting "; Fraud Involving the Deprivation of the Intangible Right to Honest Services of Public Officials; Conspiracy to Defraud by Interference with Governmental Functions" after "Official Right".
Section 2C1.3(c)(1) is amended by inserting "; Fraud Involving the Deprivation of the Intangible Right to Honest Services of Public Officials; Conspiracy to Defraud by Interference with Governmental Functions" after "Official Right".
Section 2C1.8(c)(1) is amended by inserting "; Fraud Involving the Deprivation of the Intangible Right to Honest Services of Public Officials; Conspiracy to Defraud by Interference with Governmental Functions" after "Official Right".
The Commentary to §2D1.1 captioned "Application Notes" is amended in Note 5 in the first paragraph by striking "whether a greater quantity of the analogue is needed to produce a substantially similar effect on the central nervous system as" and inserting "whether the same quantity of analogue produces a greater effect on the central nervous system than".
The Commentary to §2D1.1 captioned "Application Notes" is amended in Note 19 by striking "(b)(5)(A)" each place it appears and inserting "(b)(6)(A)"; in Note 20 by striking "(b)(5)(B) or (C)" and inserting "(b)(6)(B) or (C)"; and by striking "(b)(5)(C)" and inserting "(b)(6)(C)"; and in Note 21 by striking "(b)(6)" each place it appears and inserting "(b)(7)".
The Commentary to §2D1.1 captioned "Background" is amended in the ninth paragraph by striking "(b)(5)(A)" and inserting "(b)(6)(A)"; and in the last paragraph by striking "(b)(5)(B) and (C)" and inserting "(b)(6)(B) and (C)".
Section 2D1.11(e) is amended in subdivision (1) by striking "2271 L or more of Gamma-butyrolactone;" and inserting "1135.5 L or more of Gamma-butyrolactone;";
in subdivision (2) by striking "At least 681.3 L but less than 2271 L of Gamma-butyrolactone;" and inserting "At least 340.7 L but less than 1135.5 L of Gamma-butyrolactone;";
in subdivision (3) by striking "At least 227.1 L but less than 681.3 L of Gamma-butyrolactone;" and inserting "At least 113.6 L but less than 340.7 L of Gamma-butyrolactone;";
in subdivision (4) by striking "At least 159 L but less than 227.1 L of Gamma-butyrolactone;" and inserting "At least 79.5 L but less than 113.6 L of Gamma-butyrolactone;";
in subdivision (5) by striking "At least 90.8 L but less than 159 L of Gamma-butyrolactone;" and inserting "At least 45.4 L but less than 79.5 L of Gamma-butyrolactone;";
in subdivision (6) by striking "At least 22.7 L but less than 90.8 L of Gamma-butyrolactone;" and inserting "At least 11.4 L but less than 45.4 L of Gamma-butyrolactone;";
in subdivision (7) by striking "At least 18.2 L but less than 22.7 L of Gamma-butyrolactone;" and inserting "At least 9.1 L but less than 11.4 L of Gamma-butyrolactone;";
in subdivision (8) by striking "At least 13.6 L but less than 18.2 L of Gamma-butyrolactone;" and inserting "At least 6.8 L but less than 9.1 L of Gamma-butyrolactone;";
in subdivision (9) by striking "At least 9.1 L but less than 13.6 L of Gamma-butyrolactone;" and inserting "At least 4.5 L but less than 6.8 L of Gamma-butyrolactone;"; and
in subdivision (10) by striking "Less than 9.1 L of Gamma-butyrolactone;" and inserting "Less than 4.5 L of Gamma-butyrolactone;".
The Commentary to §2K2.1 captioned "Statutory Provisions" is amended by striking "(e)-(i), (k)-(o)" and inserting "(e)-(h), (j)-(n)".
Section 2M6.1 is amended by striking "(a)(4)*" in subsection (b)(1)(A) and inserting "(a)(4)(A)"; and by striking "*Note: The reference to ‘(a)(4)’ should be to ‘(a)(4)(A)’.".
Section 3D1.2(d) is amended by striking "2C1.7,".
The Commentary to §5D1.2 captioned "Application Notes" is amended in Note 2 by inserting "Limitation on" before "Applicability of Statutory".
Section 8C2.1(a) is amended by striking ", 2C1.7".
Appendix A (Statutory Index) is amended by striking the following:
"18 U.S.C. § 924(i) 2K2.1
18 U.S.C. § 924(j)(1) 2A1.1, 2A1.2
18 U.S.C. § 924(j)(2) 2A1.3, 2A1.4
18 U.S.C. § 924(k)-(o) 2K2.1",
and inserting the following:
"18 U.S.C. § 924(i)(1) 2A1.1, 2A1.2
18 U.S.C. § 924(i)(2) 2A1.3, 2A1.4
18 U.S.C. § 924(j)-(n) 2K2.1".
Reason for Amendment: This ten-part amendment consists of technical and conforming amendments to various guidelines.
First, this amendment deletes unnecessary background commentary in §2A2.4 (Obstructing or Impeding Officers).
Second, this amendment makes minor clarifying amendments to Application Note 15 in the fraud guideline, §2B1.1, to make clear that, in order for the cross reference at §2B1.1(c)(3) to apply, the conduct set forth in the count of conviction must establish a fraud or false statement-type offense.
Third, this amendment makes technical amendments to several guidelines to conform to changes made in the public corruption guidelines in the 2004 amendment cycle (see Appendix C to the Guidelines Manual, Amendment 666). Specifically, the amendment corrects title references to §2C1.1 in §§2B3.3(c)(1), 2C1.3(c)(1), and 2C1.8(c)(1) and strikes references to §2C1.7 in §§3D1.2(d) and 8C2.1.
Fourth, this amendment clarifies Application Note 5 in the drug guideline, §2D1.1, regarding drug analogues. The current note suggests that drug analogues are less potent than the drug for which it is an analogue. However, by statute, analogues can only be the same or more potent.
Fifth, this amendment redesignates incorrect references in a number of Application Notes in the drug guideline, §2D1.1.
Sixth, this amendment conforms §2D1.11 (Unlawfully Distributing, Importing, Exporting or Possessing a Listed Chemical; Attempt or Conspiracy) to changes made in the drug guideline, §2D1.1, in the 2004 amendment cycle (see Appendix C to the Guidelines Manual, Amendment 667). Specifically, the amendment amends the Chemical Quantity Table in §2D1.11(e) so that the amount of gamma-butyrolactone (GBL), at any particular offense level, is the amount that provides a 100 percent yield of gamma-hydroxybutyric acid (GHB).
Seventh, this amendment updates the statutory provisions in §2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition; Prohibited Transactions Involving Firearms or Ammunition) to account for redesignations of 18 U.S.C. § 924 offenses.
Eighth, this amendment corrects a typographical error in §2M6.1 (Unlawful Production, Development, Acquisition, Stockpiling, Alteration, Use, Transfer, or Possession of Nuclear Material, Weapons, or Facilities, Biological Agents, Toxins, or Delivery Systems, Chemical Weapons, or Other Weapons of Mass Destruction; Attempt or Conspiracy).
Ninth, this amendment corrects the title to §5C1.2 (Limitation on Applicability of Statutory Minimum Sentences in Certain Cases) in Application Note 2 of §5D1.2 (Term of Supervised Release.).
Tenth, this amendment corrects Appendix A (Statutory Index) to account for redesignations of 18 U.S.C. § 924 offenses.
Effective Date: The effective date of this amendment is November 1, 2005.