AMENDMENT 711
The Commentary to §2A3.4 captioned "Statutory Provisions" is amended by striking "Provisions" and inserting "Provision".
Section 2A3.5(b)(1)(A), as added by Amendment 701, is amended by inserting a comma after "minor".
Chapter Two, Part D is amended in the heading by inserting "AND NARCO-TERRORISM" after "DRUGS".
The Commentary to §2D1.1 captioned "Application Notes", as amended by Amendment 706, is further amended by striking subdivision (D) as follows:
"(D) Determining Base Offense Level in Offenses Involving Cocaine Base and Other Controlled Substances.—
(i) In General.—If the offense involves cocaine base (‘crack’) and one or more other controlled substance, determine the base offense level as follows:
(I) Determine the combined base offense level for the other controlled substance or controlled substances as provided in subdivision (B) of this note.
(II) Use the combined base offense level determined under subdivision (B) of this note to obtain the appropriate marihuana equivalency for the cocaine base involved in the offense using the following table:
| Base Offense Level | Marihuana Equivalency |
| 38 | 6.7 kg of marihuana |
| 36 | 6.7 kg of marihuana |
| 34 | 6 kg of marihuana |
| 32 | 6.7 kg of marihuana |
| 30 | 14 kg of marihuana |
| 28 | 11.4 kg of marihuana |
| 26 | 5 kg of marihuana |
| 24 | 16 kg of marihuana |
| 22 | 15 kg of marihuana |
| 20 | 13.3 kg of marihuana |
| 18 | 10 kg of marihuana |
| 16 | 10 kg of marihuana |
| 14 | 10 kg of marihuana |
| 12 | 10 kg of marihuana. |
(III) Using the marihuana equivalency obtained from the table in subdivision (II), convert the quantity of cocaine base involved in the offense to its equivalent quantity of marihuana.
(IV) Add the quantity of marihuana determined under subdivisions (I) and (III), and look up the total in the Drug Quantity Table to obtain the combined base offense level for all the controlled substances involved in the offense.
(ii) Example.—The case involves 1.5 kg of cocaine, 10 kg of marihuana, and 20 g of cocaine base. Pursuant to subdivision (B), the equivalent quantity of marihuana for the cocaine and the marihuana is 310 kg. (The cocaine converts to an equivalent of 300 kg of marihuana (1.5 kg x 200 g = 300 kg), which when added to the quantity of marihuana involved in the offense, results in an equivalent quantity of 310 kg of marihuana.) This corresponds to a base offense level 26. Pursuant to the table in subdivision (II), the base offense level of 26 results in a marihuana equivalency of 5 kg for the cocaine base. Using this marihuana equivalency for the cocaine base results in a marihuana equivalency of 100 kg (20 g x 5 kg = 100 kg). Adding the quantities of marihuana of all three controlled substances results in a combined quantity of 410 kg of marihuana, which corresponds to a combined base offense level of 28 in the Drug Quantity Table.".
and inserting the following:
"(D) Determining Base Offense Level in Offenses Involving Cocaine Base and Other Controlled Substances.—
(i) In General.—If the offense involves cocaine base (‘crack’) and one or more other controlled substance, determine the base offense level as follows:
(I) Determine the base offense level for the quantity of cocaine base involved in the offense.
(II) Using the marihuana equivalency obtained from the table in this subdivision, convert the quantity of cocaine base involved in the offense to its equivalent quantity of marihuana.
| Base Offense Level | Marihuana Equivalency |
| 38 | 6.7 kg of marihuana per g of cocaine base |
| 36 | 6.7 kg of marihuana per g of cocaine base |
| 34 | 6 kg of marihuana per g of cocaine base |
| 32 | 6.7 kg of marihuana per g of cocaine base |
| 30 | 14 kg of marihuana per g of cocaine base |
| 28 | 11.4 kg of marihuana per g of cocaine base |
| 26 | 5 kg of marihuana per g of cocaine base |
| 24 | 16 kg of marihuana per g of cocaine base |
| 22 | 15 kg of marihuana per g of cocaine base |
| 20 | 13.3 kg of marihuana per g of cocaine base |
| 18 | 10 kg of marihuana per g of cocaine base |
| 16 | 10 kg of marihuana per g of cocaine base |
| 14 | 10 kg of marihuana per g of cocaine base |
| 12 | 10 kg of marihuana per g of cocaine base |
(III) Determine the combined marihuana equivalency for the other controlled substance or controlled substances involved in the offense as provided in subdivision (B) of this note.
(IV) Add the quantity of marihuana determined under subdivisions (II) and (III), and look up the total in the Drug Quantity Table to obtain the combined base offense level for all the controlled substances involved in the offense.
(ii) Example.—The case involves 1.5 kg of cocaine, 10 kg of marihuana, and 20 g of cocaine base. Under the Drug Quantity Table, 20 g of cocaine base corresponds to a base offense level of 26. Pursuant to the table in subdivision (II), the base offense level of 26 corresponds to a marihuana equivalency of 5 kg per gram of cocaine base. Therefore, the equivalent quantity of marihuana for the cocaine base is 100 kg (20 g x 5 kg = 100 kg). Pursuant to subdivision (B), the equivalent quantity of marihuana for the cocaine and marihuana is 310 kg. (The cocaine converts to an equivalent of 300 kg of marihuana (1.5 kg x 200 g = 300 kg), which, when added to the 10 kg of marihuana, results in an equivalent quantity of 310 kg of marihuana.) Adding the equivalent quantities of marihuana of all three drug types results in a combined quantity of 410 kg of marihuana (100 kg + 310 kg = 410 kg), which corresponds to a combined base offense level of 28 in the Drug Quantity Table.".
The Commentary to §2N2.1 captioned "Application Notes" is amended in Note 4 by inserting "and Narco-Terrorism" after "Drugs".
The Commentary to §5B1.3 captioned "Application Note", as added by Amendment 701, is amended by striking "(b)" each place it appears and inserting "(a)".
The Commentary to §5D1.3 captioned "Application Note", as added by Amendment 701, is amended by striking "(b)" each place it appears and inserting "(a)".
Appendix A (Statutory Index) is amended by striking the lines referenced to "50 U.S.C. § 421" and "50 U.S.C. § 783(b)" the first place they appear.
Reason for Amendment: This amendment makes various technical and conforming amendments in order to execute properly amendments submitted to Congress on May 1, 2007, and that will become effective on November 1, 2007. Specifically, the amendment corrects grammatical errors in the commentary to §2A3.4 (Abusive Sexual Contact or Attempt to Commit Abusive Sexual Contact); amends the commentary to §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy); changes the heading in Chapter Two, Part D and makes the conforming change to §2N2.1 (Violations of Statutes and Regulations Dealing With Any Food, Drug, Biological Product, Device, Cosmetic, or Agricultural Product); corrects typographical errors in §§5B1.3 (Conditions of Probation) and 5D1.3 (Conditions of Supervised Release); and amends Appendix A to remove duplicate listings.
Effective Date: The effective date of this amendment is November 1, 2007.