Amendment: Section 2J1.3 is amended by inserting the following additional subsection:

"(d) Special Instruction

(1) In the case of counts of perjury or subornation of perjury arising from testimony given, or to be given, in separate proceedings, do not group the counts together under §3D1.2 (Groups of Closely-Related Counts).".

The Commentary to §2J1.3 captioned "Application Notes" is amended by inserting the following additional note:

"5. ‘Separate proceedings,’ as used in subsection (d)(1), includes different proceedings in the same case or matter (e.g., a grand jury proceeding and a trial, or a trial and retrial), and proceedings in separate cases or matters (e.g., separate trials of codefendants), but does not include multiple grand jury proceedings in the same case.".

Reason for Amendment: This amendment provides a special instruction addressing the appropriate treatment of multiple instances of perjury under Chapter Three, Part D (Multiple Counts).

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