AMENDMENT 436

Amendment: Section 2G2.4 is amended in the title by deleting "Receipt or" immediately before "Possession".

Section 2G2.4(a) is amended by deleting "10" and inserting in lieu thereof "13".

Section 2G2.4(b) is amended by inserting the following additional subdivision:

"(2) If the offense involved possessing ten or more books, magazines, periodicals, films, video tapes, or other items, containing a visual depiction involving the sexual exploitation of a minor, increase by 2 levels.";

and in the caption by deleting "Characteristic" and inserting in lieu thereof "Characteristics".

Section 2G2.4(c)(2) is amended by inserting "shipping," immediately before "advertising, or"; and by deleting "Advertising, or" and inserting in lieu thereof "Shipping, or Advertising Material Involving the Sexual Exploitation of a Minor;".

The Commentary to §2G2.4 captioned "Statutory Provision" is amended by deleting "2252" and inserting in lieu thereof "2252(a)(4)".

The Commentary to §2G2.4 captioned "Application Note" is deleted in its entirety as follows:

"Application Note:

1. This guideline assumes that the offense involved a small number of prohibited items. If the defendant possessed 50 or more books, magazines, periodicals, films, video tapes, or other items containing a visual depiction involving the sexual exploitation of a minor, and subsection (c)(1) or (c)(2) does not apply, an upward departure may be warranted.".

Reason for Amendment: This amendment implements the instructions to the Commission in Section 632 of Public Law 102-141, the Treasury, Postal Service and General Government Appropriations Act of 1992.

Effective Date: The effective date of this amendment is November 27, 1991.