Amendment: Section 2D1.11(a) is amended by striking "(e)" after "under subsection" and inserting "(d)".
The Commentary to §2K2.1 captioned "Application Notes" is amended in Note 14 in subdivision (B) by striking "(b)(1)" and inserting "(b)(6)".
Appendix A (Statutory Index) is amended by inserting after the line referenced to 18 U.S.C. § 930 the following:
"18 U.S.C. § 931 2K2.6";
and by striking the following:
"18 U.S.C. § 3147 2J1.7".
Chapter Three, Part D is amended in the Introductory Commentary in the first paragraph by inserting after the first sentence the following:
"These rules apply to multiple counts of conviction (A) contained in the same indictment or information; or (B) contained in different indictments or informations for which sentences are to be imposed at the same time or in a consolidated proceeding.".
The Commentary to §3D1.1 captioned "Application Note" is amended by striking "Note" and inserting "Notes"; by redesignating Note 1 as Note 2; and by inserting the following as new Note 1:
"1. In General.—For purposes of sentencing multiple counts of conviction, counts can be (A) contained in the same indictment or information; or (B) contained in different indictments or informations for which sentences are to be imposed at the same time or in a consolidated proceeding.".
Reason for Amendment: This amendment makes various technical and conforming changes to the guidelines.
First, the amendment corrects typographical errors in subsection (a) of §2D1.11 (Unlawfully Distributing, Importing, Exporting or Possessing a Listed Chemical; Attempt or Conspiracy) and Application Note 14 of §2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition; Prohibited Transactions Involving Firearms or Ammunition).
Second, the amendment addresses application of the grouping rules when a defendant is sentenced on multiple counts contained in different indictments as, for example, when a case is transferred to another district for purposes of sentencing, pursuant to Fed. R. Crim. P. 20(a).
The amendment adopts the reasoning of recent case law and clarifies that the grouping rules apply not only to multiple counts in the same indictment, but also to multiple counts contained in different indictments when a defendant is sentenced on the indictments simultaneously. The amendment provides clarifying language in the Introductory Commentary of Chapter Three, Part D, as well as in §3D1.1 (Procedure for Determining Offense Level on Multiple Counts). The language is the same as that provided in ྷ5G1.2 (Sentencing on Multiple Counts of Conviction).
Effective Date: The effective date of this amendment is November 1, 2007.