534

AMENDMENT 534

Amendment: Appendix A (Statutory Index) is amended by inserting the following at the appropriate place by title and section:

"7 U.S.C. § 2018(c) 2N2.1",
"7 U.S.C. § 6810 2N2.1",
"18 U.S.C. § 36 2D1.1",
"18 U.S.C. § 37 2A1.1, 2A1.2, 2A1.3,
  2A1.4, 2A2.1, 2A2.2,
  2A2.3, 2A3.1, 2A3.4,
  2A4.1, 2A5.1, 2A5.2,
  2B1.3, 2B3.1, 2K1.4",
"18 U.S.C. § 113(a)(1) 2A2.1",
"18 U.S.C. § 113(a)(2) 2A2.2",
"18 U.S.C. § 113(a)(3) 2A2.2",
"18 U.S.C. § 113(a)(5)  
(Class A misdemeanor  
provisions only) 2A2.3",
"18 U.S.C. § 113(a)(6) 2A2.2",
"18 U.S.C. § 113(a)(7) 2A2.3",
"18 U.S.C. § 470 2B5.1, 2F1.1",
"18 U.S.C. § 668 2B1.1",
"18 U.S.C. § 844(m) 2K1.3",
"18 U.S.C. § 880 2B1.1",
"18 U.S.C. § 922(x)(1) 2K2.1",
"18 U.S.C. § 924(i) 2A1.2, 2A2.1,
"18 U.S.C. § 924(j)-(n) 2K2.1",
"18 U.S.C. § 1033 2B1.1, 2F1.1, 2J1.2"
"18 U.S.C. § 1118 2A1.1, 2A1.2",
"18 U.S.C. § 1119 2A1.1, 2A1.2, 2A1.3,
  2A1.4, 2A2.1",
"18 U.S.C. § 1120 2A1.1, 2A1.2, 2A1.3,
  2A1.4",
"18 U.S.C. § 1121 2A1.1, 2A1.2",
"18 U.S.C. § 1204 2J1.2",
"18 U.S.C. § 1716D 2Q2.1"
"18 U.S.C. § 2258(a),(b) 2G2.1, 2G2.2"
"18 U.S.C. § 2261 2A1.1, 2A1.2, 2A2.1,
  2A2.2, 2A2.3, 2A3.1,
  2A3.4, 2A4.1, 2B3.1,
  2B3.2, 2K1.4",
"18 U.S.C. § 2262 2A1.1, 2A1.2, 2A2.1,
  2A2.2, 2A2.3, 2A3.1,
  2A3.4, 2A4.1, 2B3.1,
  2B3.2, 2K1.4",
"18 U.S.C. § 2280 2A1.1, 2A1.2, 2A1.3,
  2A1.4, 2A2.1, 2A2.2,
  2A2.3, 2A4.1, 2B1.3
  2B3.1, 2B3.2, 2K1.4",
"18 U.S.C. § 2281 2A1.1, 2A1.2, 2A1.3,
  2A1.4, 2A2.1, 2A2.2,
  2A2.3, 2A4.1, 2B1.3,
  2B3.1, 2B3.2, 2K1.4",
"18 U.S.C. § 2332a 2A1.1, 2A1.2, 2A1.3,
  2A1.4, 2A1.5, 2A2.1,
  2A2.2, 2B1.3, 2K1.4",
"18 U.S.C. § 2423(b) 2A3.1, 2A3.2, 2A3.3",
"21 U.S.C. § 843(a)(9) 2D3.1",
"21 U.S.C. § 843(c) 2D3.1",
"21 U.S.C. § 849 2D1.2",
"21 U.S.C. § 854 2S1.2",
"21 U.S.C. § 960(d)(3), (4) 2D1.11",
"21 U.S.C. § 960(d)(5) 2D1.13",
"21 U.S.C. § 960(d)(6) 2D3.1",
"42 U.S.C. § 1307(b) 2F1.1",
"49 U.S.C. § 46308 2A5.2",
"49 U.S.C. § 46312 2Q1.2",
"49 U.S.C. § 46502(a),(b) 2A5.1",
"49 U.S.C. § 46504 2A5.2",
"49 U.S.C. § 46505 2K1.5",
"49 U.S.C. § 46506 2A5.3".

 

Appendix A (Statutory Index) is amended in the line referenced to 18 U.S.C. § 113(a) by inserting "(for offenses committed prior to September 13, 1994)" immediately following "2A2.1";

in the line referenced to 18 U.S.C. § 113(b) by inserting "(for offenses committed prior to September 13, 1994)" immediately following "2A2.2";

in the line referenced to 18 U.S.C. § 113(c) by inserting "(for offenses committed prior to September 13, 1994)" immediately following "2A2.2";

in the line referenced to 18 U.S.C. § 113(f) by inserting "(for offenses committed prior to September 13, 1994)" immediately following "2A2.2";

in the line referenced to 18 U.S.C. § 242 by deleting "2H1.4" and inserting in lieu thereof "2H1.1";

in the line referenced to 18 U.S.C. § 245(b) by deleting "2H1.3" and inserting in lieu thereof "2H1.1";

in the line referenced to 18 U.S.C. § 246 by deleting "2H1.5" and inserting in lieu thereof "2H1.1";

in the line referenced to 18 U.S.C. § 247 by deleting "2H1.3" and inserting in lieu thereof "2H1.1";

in the line referenced to 18 U.S.C. § 371 by inserting "2K2.1 (if a conspiracy to violate 18 U.S.C. § 924(c))," immediately before "2X1.1";

in the line referenced to 18 U.S.C. § 922(r) by deleting "(r)" and inserting in lieu thereof "(r)-(w)";

in the line referenced to 18 U.S.C. § 1153 by inserting "2A2.3," immediately before "2A3.1";

in the line referenced to 18 U.S.C. § 2114 by deleting "2114" and inserting in lieu thereof "2114(a)";

in the line referenced to 18 U.S.C. § 2423 by deleting "2423" and by inserting in lieu thereof "2423(a)"; and

in the line referenced to 42 U.S.C. § 3631 by deleting "2H1.3" and inserting in lieu thereof "2H1.1".

Appendix A (Statutory Index) is amended by deleting:

"49 U.S.C. § 1472(c) 2A5.2
49 U.S.C. § 1472(h)(2) 2Q1.2
49 U.S.C. § 1472(i)(1) 2A5.1
49 U.S.C. § 1472(j) 2A5.2
49 U.S.C. § 1472(k)(1) 2A5.3
49 U.S.C. § 1472(l) 2K1.5
49 U.S.C. § 1472(n)(1) 2A5.1".

 

Chapter 1, Part A, Subpart 4(d) is amended in the second sentence of the third paragraph by deleting "six" and inserting in lieu thereof "eight"; and in the third sentence of the third paragraph by deleting "seven through" and inserting in lieu thereof "nine and".

The Commentary to §1B1.5 captioned "Application Notes" is amended in Note 1 by deleting "2H1.1(a)(2)" and inserting in lieu thereof "2H1.1(a)(1)".

The Commentary to §2A2.1 captioned "Statutory Provisions" is amended by deleting "113(a)" and inserting in lieu thereof "113(a)(1)".

The Commentary to §2A2.2 captioned "Statutory Provisions" is amended by deleting "113(b), (c), (f)" and inserting in lieu thereof "113(a)(2), (3), (6)".

The Commentary to §2A5.1 captioned "Statutory Provisions" is amended by deleting "49 U.S.C. § 1472 (i), (n)" and inserting in lieu thereof "49 U.S.C. § 46502 (a), (b) (formerly 49 U.S.C. § 1472 (i), (n))".

The Commentary to §2A5.1 captioned "Background" is amended by deleting "49 U.S.C. § 1472(i)" and inserting in lieu thereof "49 U.S.C. § 46502(a)", and by deleting "49 U.S.C. § 1472(n)" and inserting in lieu thereof "49 U.S.C. § 46502(b)".

The Commentary to §2A5.2 captioned "Statutory Provisions" is amended by deleting "49 U.S.C. § 1472(c), (j)" and inserting in lieu thereof "49 U.S.C. §§ 46308, 46504 (formerly 49 U.S.C. § 1472(c), (j))".

The Commentary to §2A5.2 captioned "Background" is amended by deleting "49 U.S.C. § 1472(l) and inserting in lieu thereof "49 U.S.C. § 46505".

The Commentary to §2A5.3 captioned "Statutory Provision" is amended by deleting "49 U.S.C. § 1472(k)(1)" and inserting in lieu thereof "49 U.S.C. § 46506 (formerly 49 U.S.C. § 1472(k)(1))".

The Commentary to §2A5.3 captioned "Application Notes" is amended in Note 1 by deleting "49 U.S.C. § 1472(k)(1)" and inserting in lieu thereof "49 U.S.C. § 46506".

The Commentary to 2C1.2 captioned "Background" is amended by deleting the third sentence as follows:

"The maximum term of imprisonment authorized by statute for these offenses is two years.".

The Commentary to 2C1.3 captioned "Background" is amended by deleting the second sentence as follows:

"The maximum term of imprisonment authorized by statute is two years.".

Section 2D3.1 is amended in the title by deleting "Illegal Use of Registration Number to Manufacture, Distribute, Acquire, or Dispense a Controlled Substance" and inserting in lieu thereof "Regulatory Offenses Involving Registration Numbers; Unlawful Advertising Relating to Schedule I Substances".

The Commentary to §2D3.1 captioned "Background" is amended by deleting:

"Background: The maximum term of imprisonment authorized by statute is four years, except in a case with a prior drug-related felony where the maximum term of imprisonment authorized by statute is eight years.".

Section 2D3.2 is amended in the title by inserting "or Listed Chemicals" immediately after "Controlled Substances".

The Commentary to §2D3.2 captioned "Background" is amended by deleting:

"Background: These offenses are misdemeanors. The maximum term of imprisonment authorized by statute is one year.".

The Commentary to §2H2.1 captioned "Statutory Provisions" is amended by deleting "1973j" and inserting in lieu thereof "1973j(a), (b)".

The Commentary to §2K1.3 captioned "Statutory Provisions" is amended by deleting "5865" and inserting in lieu thereof "5685".

Section 2K1.5 (b)(3) is amended by deleting "49 U.S.C. § 1472(l)" and inserting in lieu thereof "49 U.S.C. § 46505".

The Commentary to §2K1.5 captioned "Statutory Provision" is amended by deleting "49 U.S.C. § 1472(l)" and inserting in lieu thereof "49 U.S.C. § 46505 (formerly 49 U.S.C. § 1472(l))".

The Commentary to §2K1.5 captioned "Background" is amended by deleting "49 U.S.C. § 1472(l)(2)" and inserting in lieu thereof "49 U.S.C. § 46505(c)".

Section 2Q2.1 is amended in the title by deleting "Specially Protected Fish, Wildlife, and Plants; Smuggling and Otherwise Unlawfully Dealing in Fish, Wildlife, and Plants", and inserting in lieu thereof "Offenses Involving Fish, Wildlife, and Plants".

Section 3D1.2(d) is amended in the third paragraph by deleting the semicolon immediately following "2B2.3" and inserting in lieu thereof a comma; and by deleting "2H1.2, 2H1.3, 2H1.4,".

The Commentary following §3D1.5 captioned "Illustrations of the Operation of the Multiple-Count Rules" is amended in Illustration 3 by deleting "seventy-five" and inserting in lieu thereof "75"; by deleting "heroin equivalents" and inserting in lieu thereof "marihuana equivalents (using the Drug Equivalency Tables in the Commentary to §2D1.1)"; by deleting "forty-six grams of heroin" and inserting in lieu thereof "46 kilograms of marihuana"; by deleting "thirty grams of heroin" and inserting in lieu thereof "30 kilograms of marihuana; and the third count translates into 75 kilograms of marihuana"; and by deleting "151 grams of heroin" and inserting in lieu thereof "151 kilograms of marihuana".

The Commentary to §8C2.4 captioned "Application Notes" is amended by deleting:

"5. Special instructions regarding the determination of the base fine are contained in: §2B4.1 (Bribery in Procurement of Bank Loan and Other Commercial Bribery); §2C1.1 (Offering, Giving, Soliciting, or Receiving a Bribe; Extortion Under Color of Official Right); §2C1.2 (Offering, Giving, Soliciting, or Receiving a Gratuity); §2E5.1 (Offering, Accepting, or Soliciting a Bribe or Gratuity Affecting the Operation of an Employee Welfare or Pension Benefit Plan; Prohibited Payments or Lending of Money by Employer or Agent to Employees, Representatives, or Labor Organizations); §2R1.1 (Bid-Rigging, Price-Fixing or Market-Allocation Agreements Among Competitors); §2S1.1 (Laundering of Monetary Instruments); §2S1.2 (Engaging in Monetary Transactions in Property Derived from Specified Unlawful Activity); and §2S1.3 (Structuring Transactions to Evade Reporting Requirements; Failure to Report Cash or Monetary Transactions; Failure to File Currency and Monetary Instrument Report; Knowingly Filing False Reports).",

and inserting in lieu thereof:

"5. Special instructions regarding the determination of the base fine are contained in §§2B4.1 (Bribery in Procurement of Bank Loan and Other Commercial Bribery); 2C1.1 (Offering, Giving, Soliciting, or Receiving a Bribe; Extortion Under Color of Official Right); 2C1.2 (Offering, Giving, Soliciting, or Receiving a Gratuity); 2E5.1 (Offering, Accepting, or Soliciting a Bribe or Gratuity Affecting the Operation of an Employee Welfare or Pension Benefit Plan; Prohibited Payments or Lending of Money by Employer or Agent to Employees, Representatives, or Labor Organizations); 2R1.1 (Bid-Rigging, Price-Fixing or Market-Allocation Agreements Among Competitors); 2S1.1 (Laundering of Monetary Instruments); and 2S1.2 (Engaging in Monetary Transactions in Property Derived from Specified Unlawful Activity).".

Reason for Amendment: This amendment makes Appendix A (Statutory Index) more comprehensive. References are added for new offenses enacted by the Violent Crime Control and Law Enforcement Act of 1994, Pub. L. 103-322, 108 Stat. 1796; the Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993, Pub. L. 103-190, 107 Stat. 2266; the Food Stamp Program Improvements Act of 1994, Pub. L. 103-225, 108 Stat. 106; the Social Security Independence and Program Improvements Act of 1994, Pub. L. 103-296 108 Stat. 1464; the Domestic Chemical Diversion Act of 1993, Pub. L. 103-200, 107 Stat. 2333; and the International Parental Kidnapping Crime Act of 1993, Pub. L. 103-173, 107 Stat. 1998. In addition, the amendment conforms Appendix A to other statutory revisions; revises the titles of §§2D3.1 (Regulatory Offenses Involving Registration Numbers; Unlawful Advertising Relating to Schedule I Substances; Attempt or Conspiracy), 2D3.2 (Regulatory Offenses Involving Controlled Substances or Listed Chemicals; Attempt or Conspiracy), and 2Q2.1 (Offenses Involving Fish, Wildlife, and Plants) to better reflect their scope; conforms Chapter One, Part A, Subpart (4)(d), §§1B1.5 (Interpretation of References to Other Offense Guidelines), 2A5.1 (Aircraft Piracy or Attempted Aircraft Piracy), 2A5.2 (Interference with Flight Crew Member or Flight Attendant), 2A5.3 (Committing Certain Crimes Aboard Aircraft), 2H2.1 (Obstructing an Election or Registration), 2K1.3 (Unlawful Receipt, Possession, or Transportation of Explosive Materials; Prohibited Transactions Involving Explosive Materials), 2K1.5 (Possessing Dangerous Weapons or Materials While Boarding or Aboard an Aircraft), 3D1.2 (Groups of Closely Related Counts), the Illustrations of the Operation of the Multiple-Count Rules following §3D1.5 (Determining the Total Punishment), and §8C2.4 (Base Fine) to revisions made by guideline or statutory amendments; and deletes obsolete background commentary in §§2C1.2 (Offering, Giving, Soliciting, or Receiving a Gratuity), 2C1.3 (Conflict of Interest), 2D3.1, and 2D3.2.

Effective Date: The effective date of this amendment is November 1, 1995.