Amendment: Section 2D1.1(b) is amended by inserting the following additional subdivision:
"(4) If the defendant meets the criteria set forth in subdivisions (1)-(5) of §5C1.2 (Limitation on Applicability of Statutory Minimum Sentences in Certain Cases) and the offense level determined above is level 26 or greater, decrease by 2 levels.".
Section 5C1.2, effective September 23, 1994, is repromulgated with the editorial changes set forth below.
The Commentary to §5C1.2 captioned "Application Notes" is amended in Note 6 by deleting "leader, organizer" and inserting in lieu thereof "organizer, leader".
The Commentary to §5C1.2 captioned "Application Notes" is amended in Note 8 by deleting "Rule 32(a)(1), Fed. R. Crim. P." and inserting in lieu thereof "Fed. R. Crim. P. 32(c)(1), (3).".
The Commentary to §5C1.2 captioned "Background" is amended by deleting "103-" immediately before "460".
Reason for Amendment: Section 80001(b) of the Violent Crime Control and Law Enforcement Act of 1994 directs the Commission to promulgate guidelines and policy statements to implement section 80001(a) (providing an exception to otherwise applicable statutory minimum sentences for certain defendants convicted of specified drug offenses). Pursuant to this provision, the Commission promulgated §5C1.2 (Limitation on Applicability of Statutory Minimum Sentences in Certain Cases) as an emergency amendment, effective September 23, 1994. Under the terms of the congressionally-granted authority, this amendment is temporary unless repromulgated in the next amendment cycle under regularly applicable amendment procedures. See Pub. L. No. 100-182, § 21, set forth as an editorial note under 28 U.S.C. § 994. This amendment repromulgates §5C1.2, as set forth in the 1994 edition of the Guidelines Manual, with minor editorial changes.
In addition, this amendment adds a new subsection to §2D1.1 to implement this provision by providing a two-level decrease in offense level for cases meeting the criteria set forth in §5C1.2(1)-(5).
Effective Date: The effective date of this amendment is November 1, 1995.