AMENDMENT 824
The Commentary to §1B1.1 captioned “Application Notes” is amended in Note 1(E) by striking “(e.g. a defendant” and inserting “(e.g., a defendant”.
The Commentary to §1B1.3 captioned “Background” is amended by striking “the guidelines in those Chapters” and inserting “the guidelines in those chapters”.
The Commentary to §1B1.4 captioned “Background” is amended by striking “in imposing sentence within that range” and inserting “in imposing a sentence within that range”.
The Commentary to §1B1.10 captioned “Background” is amended by striking “Title 18” and inserting “title 18”.
The Commentary to §1B1.11 captioned “Background” is amended by striking “133 S. Ct. 2072, 2078” and inserting “569 U.S. 530, 533”.
The Commentary to §2A4.2 captioned “Statutory Provisions” is amended by striking “§§ 876,” and inserting “§§ 876(a),”.
The Commentary to §2A6.1 captioned “Statutory Provisions” is amended by striking “876,” and inserting “876(c),”.
The Commentary to §2B3.2 captioned “Statutory Provisions” is amended by striking “§§ 875(b), 876,” and inserting “§§ 875(b), (d), 876(b), (d),”.
The Commentary to §2D1.1 captioned “Application Notes” is amended—
in Note 8(A) by striking “the statute (21 U.S.C. § 841(b)(1)), as the primary basis” and inserting “the statute (21 U.S.C. § 841(b)(1)) as the primary basis”, and by striking “fentanyl, LSD and marihuana” and inserting “fentanyl, LSD, and marihuana”;
in Note 8(D)—
under the heading relating to Schedule I or II Opiates, by striking the following:
| “1 gm of Heroin = |
1 kg |
| 1 gm of Dextromoramide = |
670 gm |
| 1 gm of Dipipanone = |
250 gm |
| 1 gm of 1-Methyl-4-phenyl-4-propionoxypiperidine/MPPP = |
700 gm |
| 1 gm of 1-(2-Phenylethyl)-4-phenyl-4-acetyloxypiperidine/PEPAP = |
700 gm |
| 1 gm of Alphaprodine = |
100 gm |
| 1 gm of Fentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] Propanamide) = |
2.5 kg |
| 1 gm of a Fentanyl Analogue = |
10 kg |
| 1 gm of Hydromorphone/Dihydromorphinone = |
2.5 kg |
| 1 gm of Levorphanol = |
2.5 kg |
| 1 gm of Meperidine/Pethidine = |
50 gm |
| 1 gm of Methadone = |
500 gm |
| 1 gm of 6-Monoacetylmorphine = |
1 kg |
| 1 gm of Morphine = |
500 gm |
| 1 gm of Oxycodone (actual) = |
6700 gm |
| 1 gm of Oxymorphone = |
5 kg |
| 1 gm of Racemorphan = |
800 gm |
| 1 gm of Codeine = |
80 gm |
| 1 gm of Dextropropoxyphene/Propoxyphene-Bulk = |
50 gm |
| 1 gm of Ethylmorphine = |
165 gm |
| 1 gm of Hydrocodone (actual) = |
6700 gm |
| 1 gm of Mixed Alkaloids of Opium/Papaveretum = |
250 gm |
| 1 gm of Opium = |
50 gm |
| 1 gm of Levo-alpha-acetylmethadol (LAAM) = |
3 kg”, |
and inserting the following:
| “1 gm of 1-(2-Phenylethyl)-4-phenyl-4-acetyloxypiperidine (PEPAP) = |
700 gm |
| 1 gm of 1-Methyl-4-phenyl-4-propionoxypiperidine (MPPP) = |
700 gm |
| 1 gm of 6-Monoacetylmorphine = |
1 kg |
| 1 gm of Alphaprodine = |
100 gm |
| 1 gm of Codeine = |
80 gm |
| 1 gm of Dextromoramide = |
670 gm |
| 1 gm of Dextropropoxyphene/Propoxyphene-Bulk = |
50 gm |
| 1 gm of Dipipanone = |
250 gm |
| 1 gm of Ethylmorphine = |
165 gm |
| 1 gm of Fentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] Propanamide) = |
2.5 kg |
| 1 gm of a Fentanyl Analogue = |
10 kg |
| 1 gm of Heroin = |
1 kg |
| 1 gm of Hydrocodone (actual) = |
6,700 gm |
| 1 gm of Hydromorphone/Dihydromorphinone = |
2.5 kg |
| 1 gm of Levo-alpha-acetylmethadol (LAAM) = |
3 kg |
| 1 gm of Levorphanol = |
2.5 kg |
| 1 gm of Meperidine/Pethidine = |
50 gm |
| 1 gm of Methadone = |
500 gm |
| 1 gm of Mixed Alkaloids of Opium/Papaveretum = |
250 gm |
| 1 gm of Morphine = |
500 gm |
| 1 gm of Opium = |
50 gm |
| 1 gm of Oxycodone (actual) = |
6,700 gm |
| 1 gm of Oxymorphone = |
5 kg |
| 1 gm of Racemorphan = |
800 gm”; |
under the heading relating to Cocaine and Other Schedule I and II Stimulants (and their immediate precursors), by striking the following:
| “1 gm of Cocaine = |
200 gm |
| 1 gm of N-Ethylamphetamine = |
80 gm |
| 1 gm of Fenethylline = |
40 gm |
| 1 gm of Amphetamine = |
2 kg |
| 1 gm of Amphetamine (Actual) = |
20 kg |
| 1 gm of Methamphetamine = |
2 kg |
| 1 gm of Methamphetamine (Actual) = |
20 kg |
| 1 gm of “Ice” = |
20 kg |
| 1 gm of Khat = |
.01 gm |
| 1 gm of 4-Methylaminorex (‘Euphoria’) = |
100 gm |
| 1 gm of Methylphenidate (Ritalin) = |
100 gm |
| 1 gm of Phenmetrazine = |
80 gm |
| 1 gm Phenylacetone/P2P (when possessed for the purpose of manufacturing methamphetamine) = |
416 gm |
| 1 gm Phenylacetone/P2P (in any other case) = |
75 gm |
| 1 gm Cocaine Base (‘Crack’) = |
3,571 gm |
| 1 gm of Aminorex = |
100 gm |
| 1 gm of N-N-Dimethylamphetamine = |
40 gm |
| 1 gm of N-Benzylpiperazine = |
100 gm”, |
|
and inserting the following:
| “1 gm of 4-Methylaminorex (‘Euphoria’) = |
100 gm |
| 1 gm of Aminorex = |
100 gm |
| 1 gm of Amphetamine = |
2 kg |
| 1 gm of Amphetamine (actual) = |
20 kg |
| 1 gm of Cocaine = |
200 gm |
| 1 gm of Cocaine Base (‘Crack’) = |
3,571 gm |
| 1 gm of Fenethylline = |
40 gm |
| 1 gm of ‘Ice’ = |
20 kg |
| 1 gm of Khat = |
.01 gm |
| 1 gm of Methamphetamine = |
2 kg |
| 1 gm of Methamphetamine (actual) = |
20 kg |
| 1 gm of Methylphenidate (Ritalin) = |
100 gm |
| 1 gm of N-Benzylpiperazine = |
100 gm |
| 1 gm of N-Ethylamphetamine = |
80 gm |
| 1 gm of N-N-Dimethylamphetamine = |
40 gm |
| 1 gm of Phenmetrazine = |
80 gm |
| 1 gm of Phenylacetone (P2P) (when possessed for the purpose of manufacturing methamphetamine) = |
416 gm |
| 1 gm of Phenylacetone (P2P) (in any other case) = |
75 gm”; |
under the heading relating to Synthetic Cathinones (except Schedule III, IV, and V Substances), by striking “a synthetic cathinone” and inserting “a Synthetic Cathinone”;
under the heading relating to LSD, PCP, and Other Schedule I and II Hallucinogens (and their immediate precursors), by striking the following:
| “1 gm of Bufotenine = |
70 gm |
| 1 gm of D-Lysergic Acid Diethylamide/Lysergide/LSD = |
100 kg |
| 1 gm of Diethyltryptamine/DET = |
80 gm |
| 1 gm of Dimethyltryptamine/DM = |
100 gm |
| 1 gm of Mescaline = |
10 gm |
| 1 gm of Mushrooms containing Psilocin and/or Psilocybin (Dry) = |
1 gm |
| 1 gm of Mushrooms containing Psilocin and/or Psilocybin (Wet) = |
0.1 gm |
| 1 gm of Peyote (Dry) = |
0.5 gm |
| 1 gm of Peyote (Wet) = |
0.05 gm |
| 1 gm of Phencyclidine/PCP = |
1 kg |
| 1 gm of Phencyclidine (actual) /PCP (actual) = |
10 kg |
| 1 gm of Psilocin = |
500 gm |
| 1 gm of Psilocybin = |
500 gm |
| 1 gm of Pyrrolidine Analog of Phencyclidine/PHP = |
1 kg |
| 1 gm of Thiophene Analog of Phencyclidine/TCP = |
1 kg |
| 1 gm of 4-Bromo-2,5-Dimethoxyamphetamine/DOB = |
2.5 kg |
| 1 gm of 2,5-Dimethoxy-4-methylamphetamine/DOM = |
1.67 kg |
| 1 gm of 3,4-Methylenedioxyamphetamine/MDA = |
500 gm |
| 1 gm of 3,4-Methylenedioxymethamphetamine/MDMA = |
500 gm |
| 1 gm of 3,4-Methylenedioxy-N-ethylamphetamine/MDEA = |
500 gm |
| 1 gm of Paramethoxymethamphetamine/PMA = |
500 gm |
| 1 gm of 1-Piperidinocyclohexanecarbonitrile/PCC = |
680 gm |
| 1 gm of N-ethyl-1-phenylcyclohexylamine (PCE) = |
1 kg”, |
and inserting the following:
| “1 gm of 1-Piperidinocyclohexanecarbonitrile (PCC) = |
680 gm |
| 1 gm of 4-Bromo-2,5-Dimethoxyamphetamine (DOB) = |
2.5 kg |
| 1 gm of 2,5-Dimethoxy-4-methylamphetamine (DOM) = |
1.67 kg |
| 1 gm of 3,4-Methylenedioxyamphetamine (MDA) = |
500 gm |
| 1 gm of 3,4-Methylenedioxymethamphetamine (MDMA) = |
500 gm |
| 1 gm of 3,4-Methylenedioxy-N-ethylamphetamine (MDEA) = |
500 gm |
| 1 gm of Bufotenine = |
70 gm |
| 1 gm of D-Lysergic Acid Diethylamide/Lysergide (LSD) = |
100 kg |
| 1 gm of Diethyltryptamine (DET) = |
80 gm |
| 1 gm of Dimethyltryptamine (DM) = |
100 gm |
| 1 gm of Mescaline = |
10 gm |
| 1 gm of Mushrooms containing Psilocin and/or Psilocybin (dry) = |
1 gm |
| 1 gm of Mushrooms containing Psilocin and/or Psilocybin (wet) = |
0.1 gm |
| 1 gm of N-ethyl-1-phenylcyclohexylamine (PCE) = |
1 kg |
| 1 gm of Paramethoxymethamphetamine (PMA) = |
500 gm |
| 1 gm of Peyote (dry) = |
0.5 gm |
| 1 gm of Peyote (wet) = |
0.05 gm |
| 1 gm of Phencyclidine (PCP) = |
1 kg |
| 1 gm of Phencyclidine (PCP) (actual) = |
10 kg |
| 1 gm of Psilocin = |
500 gm |
| 1 gm of Psilocybin = |
500 gm |
| 1 gm of Pyrrolidine Analog of Phencyclidine (PHP) = |
1 kg |
| 1 gm of Thiophene Analog of Phencyclidine (TCP) = |
1 kg”; |
under the heading relating to Schedule I Marihuana, by striking the following:
| “1 gm of Marihuana/Cannabis, granulated, powdered, etc. = |
1 gm |
| 1 gm of Hashish Oil = |
50 gm |
| 1 gm of Cannabis Resin or Hashish = |
5 gm |
| 1 gm of Tetrahydrocannabinol, Organic = |
167 gm |
| 1 gm of Tetrahydrocannabinol, Synthetic = |
167 gm”, |
and inserting the following:
| “1 gm of Cannabis Resin or Hashish = |
5 gm |
| 1 gm of Hashish Oil = |
50 gm |
| 1 gm of Marihuana/Cannabis (granulated, powdered, etc.) = |
1 gm |
| 1 gm of Tetrahydrocannabinol (organic) = |
167 gm |
| 1 gm of Tetrahydrocannabinol (synthetic) = |
167 gm”; |
under the heading relating to Synthetic Cannabinoids (except Schedule III, IV, and V Substances), by striking “a synthetic cannabinoid” and inserting “a Synthetic Cannabinoid”, and by striking “ ‘Synthetic cannabinoid,’ for purposes of this guideline” and inserting “ ‘Synthetic Cannabinoid,’ for purposes of this guideline”;
under the heading relating to Schedule I or II Depressants (except gamma-hydroxybutyric acid), by striking “except gamma-hydroxybutyric acid” both places such term appears and inserting “except Gamma-hydroxybutyric Acid”;
under the heading relating to Gamma-hydroxybutyric Acid, by striking “of gamma-hydroxybutyric acid” and inserting “of Gamma-hydroxybutyric Acid”;
under the heading relating to Schedule III Substances (except ketamine), by striking “except ketamine” in the heading and inserting “except Ketamine”;
under the heading relating to Ketamine, by striking “of ketamine” and inserting “of Ketamine”;
under the heading relating to Schedule IV (except flunitrazepam), by striking “except flunitrazepam” in the heading and inserting “except Flunitrazepam”;
under the heading relating to List I Chemicals (relating to the manufacture of amphetamine or methamphetamine), by striking “of amphetamine or methamphetamine” in the heading and inserting “of Amphetamine or Methamphetamine”;
under the heading relating to Date Rape Drugs (except flunitrazepam, GHB, or ketamine), by striking “except flunitrazepam, GHB, or ketamine” in the heading and inserting “except Flunitrazepam, GHB, or Ketamine”, by striking “of 1,4-butanediol” and inserting “of 1,4-Butanediol”, and by striking “of gamma butyrolactone” and inserting “of Gamma Butyrolactone”;
in Note 9 in the Typical Weight Per Unit (Dose, Pill, or Capsule) Table, under the heading relating to Hallucinogens, by striking the following:
| “MDA |
250 mg |
| MDMA |
250 mg |
| Mescaline |
500 mg |
| PCP* |
5 mg |
| Peyote (dry) |
12 gm |
| Peyote (wet) |
120 gm |
| Psilocin* |
10 mg |
| Psilocybe mushrooms (dry) |
5 gm |
| Psilocybe mushrooms (wet) |
50 gm |
| Psilocybin* |
10 mg |
| 2,5-Dimethoxy-4-methylamphetamine (STP, DOM)* |
3 mg”, |
and inserting the following:
| “2,5-Dimethoxy-4-methylamphetamine (STP, DOM)* |
3 mg |
| MDA |
250 mg |
| MDMA |
250 mg |
| Mescaline |
500 mg |
| PCP* |
5 mg |
| Peyote (dry) |
12 gm |
| Peyote (wet) |
120 gm |
| Psilocin* |
10 mg |
| Psilocybe mushrooms (dry) |
5 gm |
| Psilocybe mushrooms (wet) |
50 gm |
| Psilocybin* |
10 mg”; |
and in Note 21, by striking “Section §5C1.2(b)” and inserting “Section 5C1.2(b)”.
The Commentary to §2D1.1 captioned “Background” is amended by striking “Public Law 103–237” and inserting “Public Law 104–237”, and by inserting after “to change the title of the Drug Equivalency Tables to the ‘Drug Conversion Tables.’ ” the following: “See USSG App. C, Amendment 808 (effective November 1, 2018).”.
The Commentary to §2D2.3 captioned “Background” is amended by striking “Section 6482” and inserting “section 6482”.
Section 2G2.1(b)(6)(A) is amended by striking “engage sexually explicit conduct” and inserting “engage in sexually explicit conduct”.
The Commentary to §2H3.1 captioned “Application Notes” is amended in Note 5(B) by striking “(e.g. physical harm” and inserting “(e.g., physical harm”.
The Commentary to §2K2.4 captioned “Statutory Provisions” is amended by striking “§§ 844(h)” and inserting “§§ 844(h), (o)”.
The Commentary to §2M1.1 captioned “Background” is amended by striking “this Part” and inserting “this part”.
The Commentary to §2M4.1 captioned “Statutory Provisions” is amended by striking “50 U.S.C. App. § 462” and inserting “50 U.S.C. § 3811”.
The Commentary to §2M5.1 captioned “Statutory Provisions” is amended by striking “50 U.S.C. App. §§ 2401–2420” and inserting “50 U.S.C. §§ 4601–4623. For additional statutory provision(s), see Appendix A (Statutory Index)”.
The Commentary to §2M5.1 captioned “Application Notes” is amended—
in Note 3 by striking “50 U.S.C. App. § 2410” and inserting “50 U.S.C. § 4610”;
and in Note 4 by striking “50 U.S.C. App. 2405” and inserting “50 U.S.C. § 4605”.
The Commentary to §2M5.3 captioned “Application Notes” is amended in Note 1, in the paragraph that begins “ ‘Specially designated global terrorist’ has”, by striking “§ 594.513” and inserting “§ 594.310”.
The Commentary to §2M6.1 captioned “Application Notes” is amended in Note 1—
by striking the following paragraph:
“ ‘Restricted person’ has the meaning given that term in 18 U.S.C. § 175b(d)(2).”,
and by striking the following paragraph:
“ ‘Vector’ has the meaning given that term in 18 U.S.C. § 178(4).”.
The Commentary to §2T1.1 captioned “Application Notes” is amended—
in Note 6, in the paragraph that begins “ ‘Gross income’ has”, by striking “§1.61” and inserting “§ 1.61-1”;
and in Note 7 by striking “Subchapter C corporation” and inserting “subchapter C corporation”.
The Commentary to §2T1.1 captioned “Background” is amended by striking “the treasury” and inserting “the Treasury”.
Chapter Two, Part T, Subpart 2 is amended in the introductory commentary by striking “Parts I–IV of Subchapter J of Chapter 51 of Subtitle E of Title 26” and inserting “parts I–IV of subchapter J of chapter 51 of subtitle E of title 26, United States Code”.
Chapter Two, Part T, Subpart 3 is amended in the introductory commentary by striking “Subpart” both places such term appears and inserting “subpart”.
Chapter Three, Part A is amended in the introductory commentary by striking “Part” and inserting “part”.
The Commentary to §3A1.1 captioned “Background” is amended by striking “Section 280003” and inserting “section 280003”.
The Commentary to §3A1.2 captioned “Application Notes” is amended in Note 3 by striking “the victim was a government officer or employee, or a member of the immediate family thereof” and inserting “the victim was a government officer or employee, a former government officer or employee, or a member of the immediate family thereof”.
Chapter Three, Part B is amended in the introductory commentary by striking “Part” and inserting “part”.
The Commentary to §3C1.1 captioned “Application Notes” is amended in Note 4(I) by striking “Title 18” and inserting “title 18”.
Chapter Three, Part D is amended in the introductory commentary by striking “Part” each place such term appears and inserting “part”.
The Commentary to §3D1.1 captioned “Application Notes” is amended in Note 2 by striking “Part” both places such term appears and inserting “part”.
The Commentary to §3D1.1 captioned “Background” is amended by striking “Chapter 3” and inserting “Chapter Three”, and by striking “Chapter 4” and inserting “Chapter Four”.
The Commentary to §3D1.2 captioned “Background” is amended by striking “Part” both places such term appears and inserting “part”.
The Commentary to §3D1.3 captioned “Background” is amended by striking “Part” and inserting “part”.
The Commentary to §3D1.4 captioned “Background” is amended by striking “Part” and inserting “part”.
The Commentary to §4A1.3 captioned “Application Notes” is amended in Note 2(C)(v) by striking “this Chapter” and inserting “this chapter”.
The Commentary to §4B1.1 captioned “Background” is amended by striking “Title 28” and inserting “title 28”.
The Commentary to §5C1.1 captioned “Application Notes” is amended in Note 1 by striking “this Chapter” and inserting “this chapter”.
The Commentary to §5E1.1 captioned “Application Notes” is amended in Note 1 by striking “Chapter” both places such term appears and inserting “chapter”; by striking “Title 18” both places such term appears and inserting “title 18”; and by striking “Subchapter C” and inserting “subchapter C”.
The Commentary to §5E1.1 captioned “Background” is amended by striking “Title 18” and inserting “title 18”.
The Commentary to §5E1.3 captioned “Background” is amended by striking “Title 18” and inserting “title 18”, and by striking “The Victims” and inserting “the Victims”.
The Commentary to §5E1.4 captioned “Background” is amended by striking “Titles” and inserting “titles”.
The Commentary to §5G1.3 captioned “Background” is amended by striking “132 S. Ct. 1463, 1468” and inserting “566 U.S. 231, 236”, and by striking “132 S. Ct. at 1468” and inserting “566 U.S. at 236”.
Chapter Five, Part H is amended in the introductory commentary by striking “Part” each place such term appears and inserting “part”.
Chapter Six, Part A is amended in the introductory commentary by striking “Part” and inserting “part”.
Chapter Seven, Part A, Subpart 3(b) (Choice between Theories) is amended by striking “Title 21” and inserting “title 21”.
The Commentary to §8A1.2 captioned “Application Notes” is amended in Note 3(G) by striking “ ‘Prior criminal adjudication’ means” and inserting “ ‘Criminal Adjudication’ means”.
The Commentary to §8B1.1 captioned “Background” is amended by striking “Title 18” and inserting “title 18”.
The Commentary to §8B2.1 captioned “Application Notes” is amended in Note 1, in the paragraph that begins “ ‘Governing authority’ means”, by striking “means the (A) the Board” and inserting “means (A) the Board”.
The Commentary to §8C2.5 captioned “Application Notes” is amended in Note 1 by striking “ ‘prior criminal adjudication’ ” and inserting “ ‘criminal adjudication’ ”.
The Commentary to §8C3.2 captioned “Application Note” is amended in Note 1 by striking “the period provided for payment shall in no event exceed five years” and inserting “the period provided for payment shall be the shortest time in which full payment can reasonably be made”.
Section 8C3.3(a) is amended by striking “its ability” and inserting “the ability of the organization”.
The Commentary to §8E1.1 captioned “Background” is amended by striking “Title 18” and inserting “title 18”.
Appendix A (Statutory Index) is amended—
by striking the following line reference:
| “18 U.S.C. § 876 |
2A4.2, 2A6.1, 2B3.2, 2B3.3”; |
by inserting before the line referenced to 18 U.S.C. § 877 the following new line references:
| “18 U.S.C. § 876(a) |
2A4.2, 2B3.2 |
| 18 U.S.C. § 876(b) |
2B3.2 |
| 18 U.S.C. § 876(c) |
2A6.1 |
| 18 U.S.C. § 876(d) |
2B3.2, 2B3.3”; |
in the line referenced to 25 U.S.C. § 450d by striking “§ 450d” and inserting “§ 5306”;
by striking the following line references:
| “33 U.S.C. § 1227(b) |
2J1.1, 2J1.5 |
| 33 U.S.C. § 1232(b)(2) |
2A2.4”; |
by inserting before the line referenced to 46 U.S.C. App. § 1707a(f)(2) the following new line references:
| “46 U.S.C. § 70035(b) |
2J1.1, 2J1.5 |
| 46 U.S.C. § 70036(b) |
2A2.4”; |
by striking the following line references:
| “50 U.S.C. App. § 462 |
2M4.1 |
| 50 U.S.C. App. § 527(e) |
2X5.2 |
| 50 U.S.C. App. § 2410 |
2M5.1”; |
and by inserting before the line referenced to 52 U.S.C. § 10307(c) the following new line references:
| “50 U.S.C. § 3811 |
2M4.1 |
| 50 U.S.C. § 3937(e) |
2X5.2 |
| 50 U.S.C. § 4610 |
2M5.1”. |
Reason for Amendment: This amendment makes technical, stylistic, and other non-substantive changes to the Guidelines Manual.
First, the amendment makes clerical changes to correct typographical errors in the following guidelines and commentary: §1B1.1 (Application Instructions); §1B1.3 (Relevant Conduct (Factors that Determine the Guideline Range)); §1B1.4 (Information to be Used in Imposing Sentence (Selecting a Point Within the Guideline Range or Departing from the Guidelines)); §1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)); §2D2.3 (Operating or Directing the Operation of a Common Carrier Under the Influence of Alcohol or Drugs); §2G2.1 (Sexually Exploiting a Minor by Production of Sexually Explicit Visual or Printed Material; Custodian Permitting Minor to Engage in Sexually Explicit Conduct; Advertisement for Minors to Engage in Production); §2H3.1 (Interception of Communications; Eavesdropping; Disclosure of Certain Private or Protected Information); §2M1.1 (Treason); §2T1.1 (Tax Evasion; Willful Failure to File Return, Supply Information, or Pay Tax; Fraudulent or False Returns, Statements, or Other Documents); the Introductory Commentary to Chapter Two, Part T, Subpart 2 (Alcohol and Tobacco Taxes); the Introductory Commentary to Chapter Two, Part T, Subpart 3 (Customs Taxes); the Introductory Commentary to Chapter Three, Part A (Victim-Related Adjustments); §3A1.1 (Hate Crime Motivation or Vulnerable Victim); the Introductory Commentary to Chapter Three, Part B (Role in the Offense); §3C1.1 (Obstructing or Impeding the Administration of Justice); the Introductory Commentary to Chapter Three, Part D (Multiple Counts); §3D1.1 (Procedure for Determining Offense Level on Multiple Counts); §3D1.2 (Groups of Closely Related Counts); §3D1.3 (Offense Level Applicable to Each Group of Closely Related Counts); §3D1.4 (Determining the Combined Offense Level); §4A1.3 (Departures Based on Inadequacy of Criminal History Category (Policy Statement)); §4B1.1 (Career Offender); §5C1.1 (Imposition of a Term of Imprisonment); §5E1.1 (Restitution); §5E1.3 (Special Assessments); §5E1.4 (Forfeiture); the Introductory Commentary to Chapter Five, Part H (Specific Offender Characteristics); the Introductory Commentary to Chapter Six, Part A (Sentencing Procedures); Chapter Seven, Part A (Introduction to Chapter Seven); §8B1.1 (Restitution ― Organizations); §8B2.1 (Effective Compliance and Ethics Program); §8C3.3 (Reduction of Fine Based on Inability to Pay); and §8E1.1 (Special Assessments ― Organizations).
Second, the amendment makes clerical changes to the Commentary to §§1B1.11 (Use of Guidelines Manual in Effect on Date of Sentencing (Policy Statement)) and 5G1.3 (Imposition of a Sentence on a Defendant Subject to an Undischarged Term of Imprisonment or Anticipated State Term of Imprisonment), to update citations of Supreme Court cases. In addition, the amendment makes technical changes to (1) the Commentary to §2K2.4 (Use of Firearm, Armor-Piercing Ammunition, or Explosive During or in Relation to Certain Crimes), to add a missing reference to 18 U.S.C. § 844(o); (2) the Commentary to §2M6.1 (Unlawful Activity Involving Nuclear Material, Weapons, or Facilities, Biological Agents, Toxins, or Delivery Systems, Chemical Weapons, or Other Weapons Of Mass Destruction; Attempt or Conspiracy), to delete the definitions of two terms that are not currently used in the guideline; (3) the Commentary to §§2M5.3 (Providing Material Support or Resources to Designated Foreign Terrorist Organizations or Specially Designated Global Terrorists, or For a Terrorist Purpose) and 2T1.1 (Tax Evasion; Willful Failure to File Return, Supply Information, or Pay Tax; Fraudulent or False Returns, Statements, or Other Documents), to correct references to the Code of Federal Regulations; and (4) the Commentary to §3A1.2 (Official Victim), to add missing content in Application Note 3.
Third, the amendment makes technical changes to the Commentary to §§2A4.2 (Demanding or Receiving Ransom Money), 2A6.1 (Threatening or Harassing Communications; Hoaxes; False Liens), and 2B3.2 (Extortion by Force or Threat of Injury or Serious Damage), and to Appendix A (Statutory Index), to provide references to the specific applicable provisions of 18 U.S.C. § 876 (Mailing threatening communications).
Fourth, the amendment makes certain stylistic and technical changes to the Commentary to §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking). It revises the Drug Conversion Tables at Application Note 8(D) and the Typical Weight Per Unit Table at Application Note 9 to reorganize the controlled substances contained therein in alphabetical order to make the tables more user-friendly. The amendment also makes minor changes to the controlled substance references to promote consistency in the use of capitalization, commas, parentheticals, and slash symbols throughout the Drug Conversion Tables. In addition, the amendment makes clerical changes throughout the Commentary to correct certain typographical errors. It also amends the Background Commentary to add a specific reference to Amendment 808, which replaced the term “marihuana equivalency” with the new term “converted drug weight” and changed the title of the “Drug Equivalency Tables” to “Drug Conversion Tables.”
Fifth, the amendment makes clerical changes to reflect the editorial reclassification of certain sections of the United States Code. Effective December 1, 2015, the Office of Law Revision Counsel eliminated the Appendix to title 50 of the United States Code and transferred the non-obsolete provisions to new chapters 49 to 57 of title 50 and to other titles of the United States Code. To reflect the new section numbers of the reclassified provisions, the amendment makes changes to §2M4.1 (Failure to Register and Evasion of Military Service), §2M5.1 (Evasion of Export Controls; Financial Transactions with Countries Supporting International Terrorism), and Appendix A. Similarly, effective September 1, 2016, the Office of Law Revision Counsel also transferred certain provisions from chapter 14 of title 25 of the United States Code to four new chapters in title 25 to improve the organization of the title. To reflect these changes, the amendment makes further changes to Appendix A.
Sixth, the amendment makes technical changes to the commentary of several guidelines in Chapter Eight (Sentencing of Organizations). It replaces the term “prior criminal adjudication,” as found and defined in Application Note 3(G) of §8A1.2 (Application Instructions ― Organizations), with “criminal adjudication” to better reflect how that term is used throughout Chapter Eight. The amendment also makes conforming changes to the Commentary to §8C2.5 (Culpability Score) to account for the new term. In addition, the amendment revises Application Note 1 of §8C3.2 (Payment of the Fine ― Organizations) to reflect the current language of subsection (d) of 18 U.S.C. § 3572 (Imposition of a sentence of fine and related matters), providing that if the court permits other than immediate payment of a fine or other monetary payment, the period provided for payment shall be the shortest time in which full payment can reasonably be made.
Finally, the amendment makes clerical changes to provide updated references to certain sections of the United States Code that were redesignated by legislation. The Frank LoBiondo Coast Guard Authorization Act of 2018, Pub. L. 115–282 (2018) (hereinafter “the Act”), among other things, established a new chapter 700 (Ports and Waterway Safety) in subtitle VII (Security and Drug Enforcement) of title 46 (Shipping) of the United States Code. Section 401 of the Act repealed the Ports and Waterways Safety Act of 1972, previously codified in 33 U.S.C. §§ 1221–1232b, and restated its provisions with some revisions in the new chapter 700 of title 46, specifically at 46 U.S.C. §§ 70001–70036. Appendix A includes references to Chapter Two guidelines for both former 33 U.S.C. §§ 1227(b) and 1232(b). The amendment revises Appendix A to delete the references to 33 U.S.C. §§ 1227(b) and 1232(b) and replace them with updated references to 46 U.S.C. §§ 70035(b) and 70036(b). The Act did not make substantive revisions to either of these provisions.
Effective Date: The effective date of this amendment is November 1, 2023.