Amendment: Section 2H1.1 is amended in the title by inserting "Conspiracy to Interfere with Civil Rights;" immediately before "Going".
Chapter Two, Part H, Subpart 1 is amended by deleting §2H1.2 in its entirety as follows:
"§2H1.2. Conspiracy to Interfere with Civil Rights
(a) Base Offense Level (Apply the greater):
(1) 13; or
(2) 2 plus the offense level applicable to any underlying offense.
(b) Specific Offense Characteristic
(1) If the defendant was a public official at the time of the offense, increase by 4 levels.
Statutory Provision: 18 U.S.C. § 241.
1. ‘2 plus the offense level applicable to any underlying offense’ is defined in the Commentary to §2H1.1.
2. Where the adjustment in §2H1.2(b)(1) is applied, do not apply §3B1.3 (Abuse of Position of Trust or Use of Special Skill).
Background: This section applies to conspiracies to interfere with civil rights. The maximum term of imprisonment authorized by statute is ten years; except where death results, the maximum term of imprisonment authorized by statute is life imprisonment. The base offense level for this guideline assumes threatening or otherwise serious conduct.".
The Commentary to §2X1.1 captioned "Application Notes" is amended in Note 1 in the paragraph beginning "Offense guidelines that expressly cover conspiracies" by deleting "§2H1.2 (Conspiracy to Interfere with Civil Rights)" and inserting in lieu thereof "§2H1.1 (Conspiracy to Interfere With Civil Rights; Going in Disguise to Deprive of Rights)".
Reason for Amendment: This amendment consolidates two guidelines and raises the minimum base offense level from level 13 to level 15 for cases currently covered under §2H1.2 to better reflect the seriousness of this offense.
Effective Date: The effective date of this amendment is November 1, 1990.