Amendment: Section 2B1.1(b)(13)(C) is amended by striking "(b)(12)(B)" and inserting "(b)(13)(B)".
Section 2L1.1(b)(1) is amended by striking "(a)(2)" and inserting "(a)(3)".
Reason for Amendment: This amendment corrects typographical errors in subsection (b)(13)(C) of §2B1.1 (Larceny, Embezzlement, and Other Forms of Theft; Offenses Involving Stolen Property; Property Damage or Destruction; Fraud and Deceit; Forgery; Offenses Involving Altered or Counterfeit Instruments Other than Counterfeit Bearer Obligations of the United States) and subsection (b)(1) of §2L1.1 (Smuggling, Transporting, or Harboring an Unlawful Alien).
The typographical error to §2B1.1(b)(13)(C) stems from redesignations made to §2B1.1 in 2004 when the Commission added a new subsection (b)(7) in response to the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 ("CAN-SPAM Act"), Pub. L. 108–187. (USSG App. C Amendment 665) (November 1, 2004).
The typographical error in §2L1.1(b)(1) stems from redesignations made to §2L1.1 in 2006 when the Commission added a new subsection (a)(1) for aliens who are inadmissible for national security related reasons. (USSG App. C Amendment 692) (November 1, 2006).
The Commission has determined that this amendment should be applied retroactively because (A) the purpose of the amendment is to correct typographical errors; (B) the number of cases involved is minimal even given the potential change in guideline ranges (i.e., ensuring application of the maximum increase of 8 levels in §2B1.1(b)(13)(C) and providing correct application of the three-level reduction in §2L1.1(b)(1)); and (C) the amendment would not be difficult to apply retroactively. These factors, combined, meet the standards set forth in the relevant background commentary to §1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range).
Effective Date: The effective date of this amendment is November 1, 2007.