Amendment: The Commentary to §3A1.3 captioned "Application Notes" is amended by deleting:

"2. This adjustment applies to any offense in which a victim was physically restrained in the course of the offense, except where such restraint is an element of the offense, specifically incorporated into the base offense level, or listed as a specific offense characteristic.",

and inserting in lieu thereof:

"2. Do not apply this adjustment where the offense guideline specifically incorporates this factor, or where the unlawful restraint of a victim is an element of the offense itself (e.g., this adjustment does not apply to offenses covered by §2A4.1 (Kidnapping, Abduction, Unlawful Restraint)).".

Reason for Amendment: This amendment clarifies the application of this guideline.

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