AMENDMENT 416

Amendment: The Commentary to §3C1.2 captioned "Application Notes" is amended by redesignating note 3 as note 4; and by inserting the following additional note:

"3. ‘During flight’ is to be construed broadly and includes preparation for flight. Therefore, this adjustment also is applicable where the conduct occurs in the course of resisting arrest.".

Reason for Amendment: This amendment clarifies that reckless endangerment in the course of resisting arrest that does not receive a 3-level enhancement under §3A1.2 (Official Victim) may be considered under this section.

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