Amendment: Section 4B1.3 is amended by deleting:
". In no such case will the defendant be eligible for a sentence of probation."
and inserting in lieu thereof:
", unless §3E1.1 (Acceptance of Responsibility) applies, in which event his offense level shall be not less than 11.".
The Commentary to §4B1.3 captioned "Application Note" is amended by deleting "(e.g., an ongoing fraudulent scheme)" immediately following "course of conduct", "(e.g., a number of burglaries or robberies, or both)" immediately following "independent offenses", and "or petty" immediately following "to minor".
The Commentary to §4B1.3 captioned "Background" is amended by deleting "that offense" and inserting in lieu thereof "an offense", and by deleting the last sentence as follows: "Under this provision, the offense level is raised to 13, if it is not already 13 or greater".
Reason for Amendment: The purpose of this amendment is to provide that the adjustment from §3E1.1 (Acceptance of Responsibility) applies to cases under §4B1.3 (Criminal Livelihood).
Effective Date: The effective date of this amendment is June 15, 1988.