198


AMENDMENT 198

Amendment: Section 2L2.4 is amended by inserting the following additional subsection:

"(b) Specific Offense Characteristic

(1) If the defendant is an unlawful alien who has been deported (voluntarily or involuntarily) on one or more occasions prior to the instant offense, increase by 2 levels.".

The Commentary to §2L2.4 captioned "Application Notes" is amended by deleting:

"1. In the case of a defendant who is an unlawful alien and has been deported (voluntarily or involuntarily) on one or more occasions prior to the instant offense, the Commission recommends an upward departure of 2 levels in order to provide a result equivalent to §2L1.2.",

by renumbering Note 2 as Note 1, and by deleting "Notes" and inserting in lieu thereof "Note".

Reason for Amendment: The purpose of this amendment is to convert a departure recommendation into a specific offense characteristic.

Effective Date: The effective date of this amendment is November 1, 1989.