Amendment: The Commentary to §2A2.4 captioned "Application Notes" is amended in Note 1 by inserting the following after "(Aggravated Assault).":
"Conversely, the base offense level does not reflect the possibility that the defendant may create a substantial risk of death or serious bodily injury to another person in the course of fleeing from a law enforcement official (although an offense under 18 U.S.C. § 758 for fleeing or evading a law enforcement checkpoint at high speed will often, but not always, involve the creation of that risk). If the defendant creates that risk and no higher guideline adjustment is applicable for the conduct creating the risk, apply §3C1.2 (Reckless Endangerment During Flight).".
Reason for Amendment: This amendment clarifies the interaction of this guideline with the enhancement under §3C1.2 (Reckless Endangerment During Flight), particularly when the defendant is convicted under 18 U.S.C. § 758 of fleeing an immigration checkpoint at high speed.
Effective Date: The effective date of this amendment is November 1, 1997.