AMENDMENT 546

Amendment: Section 1B1.1(b) is amended by inserting ", cross references, and special instructions" after "characteristics".

The Commentary to §1B1.1 captioned "Application Notes" is amended in Note 1(l) by inserting at the end the following:

"The term ‘instant’ is used in connection with ‘offense,’ ‘federal offense,’ or ‘offense of conviction,’ as the case may be, to distinguish the violation for which the defendant is being sentenced from a prior or subsequent offense, or from an offense before another court (e.g., an offense before a state court involving the same underlying conduct).".

Section 4B1.1 is amended by deleting "of the instant offense" and inserting in lieu thereof "the defendant committed the instant offense of conviction".

Section 4B1.2(3) is amended by inserting "of conviction" before "subsequent".

The Commentary to §4B1.2 captioned "Application Notes" is amended in Note 2 in the second paragraph by inserting "of conviction" after "instant offense".

The Commentary to §8A1.2 captioned "Application Notes" is amended in Note 3(a) by inserting at the end the following:

"The term ‘instant’ is used in connection with ‘offense,’ ‘federal offense,’ or ‘offense of conviction,’ as the case may be, to distinguish the violation for which the defendant is being sentenced from a prior or subsequent offense, or from an offense before another court (e.g., an offense before a state court involving the same underlying conduct).".

Reason for Amendment: This amendment has two primary purposes. First, it corrects a technical error in §1B1.1(b). Second, it explains the purpose of the term "instant" as that term is employed throughout the Guidelines Manual, as a modifier of the term "offense," "federal offense," or "offense of conviction." It also clarifies the usage of the term "instant offense of conviction" at several places in the Guidelines Manual.

Effective Date: The effective date of this amendment is November 1, 1997.