AMENDMENT 365

Amendment: Section 2B3.1(b) is amended by deleting:

"(2) (A) If a firearm was discharged, increase by 5 levels; (B) if a dangerous weapon (including a firearm) was otherwise used, increase by 4 levels; (C) if a dangerous weapon (including a firearm) was brandished, displayed, or possessed, increase by 3 levels; or (D) if an express threat of death was made, increase by 2 levels.",

and inserting in lieu thereof:

"(2) (A) If a firearm was discharged, increase by 7 levels; (B) if a firearm was otherwise used, increase by 6 levels; (C) if a firearm was brandished, displayed, or possessed, increase by 5 levels; (D) if a dangerous weapon was otherwise used, increase by 4 levels; (E) if a dangerous weapon was brandished, displayed, or possessed, increase by 3 levels; or (F) if an express threat of death was made, increase by 2 levels.".

Section 2B3.1 (b)(3) is amended by deleting "9" and inserting in lieu thereof "11".

The Commentary to §2B3.1 captioned "Application Notes" is amended in Note 1 by inserting "‘bodily injury,’ ‘serious bodily injury,’ ‘permanent or life-threatening bodily injury,’" immediately before "‘abducted’".

The Commentary to §2B3.1 captioned "Application Notes" is amended in Note 2 by deleting "(b)(2)(C)" and inserting in lieu thereof "(b)(2)(E)".

The Commentary to §2B3.1 captioned "Application Notes" is amended in Note 4 by deleting "9" and inserting in lieu thereof "11".

The Commentary to §2B3.1 captioned "Application Notes" is amended in Note 7 by deleting "(b)(2)(D)" and inserting in lieu thereof "(b)(2)(F)".

Reason for Amendment: This amendment increases the offense levels for use or possession of a firearm by 2 levels to better reflect the seriousness of such offenses and to reduce the disparity resulting from the exercise of prosecutorial discretion in the charging of an offense under 18 U.S.C. § 924(c) or § 929(a). In addition, this amendment revises the commentary to make the reference to the terms defined in §1B1.1 more comprehensive.

Effective Date: The effective date of this amendment is November 1, 1991.