Amendment: Section 2D2.3 is amended by deleting : "(a) Base Offense Level: 8" and inserting in lieu thereof:
"(a) Base Offense Level (Apply the greatest):
(1) 26, if death resulted; or
(2) 21, if serious bodily injury resulted; or
(3) 13, otherwise.
(b) Special Instruction:
(1) If the defendant is convicted of a single count involving the death or serious bodily injury of more than one person, apply Chapter Three, Part D (Multiple Counts) as if the defendant had been convicted of a separate count for each such victim.".
The Commentary to §2D2.3 is amended by inserting at the end:
"Background: This section implements the direction to the Commission in Section 6482 of the Anti-Drug Abuse Act of 1988. Offenses covered by this guideline may vary widely with regard to harm and risk of harm. The offense levels assume that the offense involved the operation of a common carrier carrying a number of passengers, e.g., a bus. If no or only a few passengers were placed at risk, a downward departure may be warranted. If the offense resulted in the death or serious bodily injury of a large number of persons, such that the resulting offense level under subsection (b) would not adequately reflect the seriousness of the offense, an upward departure may be warranted.".
Reason for Amendment: The purpose of this amendment is to implement the directive to the Commission in Section 6482 of the Anti-Drug Abuse Act of 1988. In addition, the base offense level under subsection (a)(3) is increased to reflect the seriousness of the offense.
Effective Date: The effective date of this amendment is November 1, 1989.