AMENDMENT 431

Amendment: The Commentary to §2J1.7 captioned "Background" is amended by deleting the first paragraph as follows:

"An enhancement under 18 U.S.C. § 3147 may be imposed only upon application of the government; it cannot be imposed on the court’s own motion. In this respect, it is similar to a separate count of conviction and, for this reason, is placed in Chapter Two of the guidelines.",

and inserting in lieu thereof:

"An enhancement under 18 U.S.C. § 3147 may be imposed only after sufficient notice to the defendant by the government or the court, and applies only in the case of a conviction for a federal offense that is committed while on release on another federal charge.".

Reason for Amendment: This amendment corrects the description in the Background Commentary of the operation of the statute to which this guideline applies.

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