AMENDMENT 392

Amendment: The Commentary to §2A3.1 captioned "Application Notes" is amended by inserting the following additional note:

"3. If the adjustment in subsection (b)(3) applies, do not apply §3B1.3 (Abuse of Position of Trust or Use of Special Skill).".

Section 2A3.2(b)(1) is amended by deleting "1 level" and inserting in lieu thereof "2 levels".

The Commentary to §2A3.2 captioned "Application Note" is amended by inserting the following additional note:

"2. If the adjustment in subsection (b)(1) applies, do not apply §3B1.3 (Abuse of Position of Trust or Use of Special Skill).";

and in the caption by deleting "Note" and inserting in lieu thereof "Notes".

Section 2A3.4(b) is amended by inserting the following additional subdivision:

"(3) If the victim was in the custody, care, or supervisory control of the defendant, increase by 2 levels.".

The Commentary to §2A3.4 captioned "Application Notes" is amended by inserting the following additional note:

"3. If the adjustment in subsection (b)(3) applies, do not apply §3B1.3 (Abuse of Position of Trust or Use of Special Skill).".

Reason for Amendment: This amendment provides for consistency among §§2A3.1, 2A3.2, and 2A3.4 with respect to an adjustment for a victim in the custody, care, or supervisory control of the defendant. In addition, the amendment adds an application note clarifying that when this adjustment applies, an adjustment from §3B1.3 will not apply.

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