AMENDMENT 760

Amendment: The Commentary to §2D1.1 captioned "Application Notes" is amended in Note 3(A) by striking ", and 2D2.1(b)(1)"; and inserting "and" before "2D1.12(c)(1)".

The Commentary to §2J1.1 captioned "Application Notes" is amended in each of Note 2 and Note 3 by striking "§2B1.1(b)(8)(C)" and inserting "§2B1.1(b)(9)(C)".

The Commentary to §2K2.4 captioned "Application Notes" is amended in Note 4 in the third paragraph by striking "§2K2.1(b)(6)" and inserting "§2K2.1(b)(6)(B)" in both places.

The Commentary following §3D1.5 captioned "Illustrations of the Operation of the Multiple-Count Rules" is amended in Note 3 by striking "§2B1.1(b)(9)" and inserting "§2B1.1(b)(10)".

Reason for Amendment: This amendment makes certain technical and conforming changes in connection with certain recently promulgated amendments. See 76 Fed. Reg. 24960 (May 3, 2011). The technical and conforming changes are as follows:

(1) Amendment 749 renumbered specific offense characteristics in §2B1.1 (Theft, Property Destruction, and Fraud), including the specific offense characteristic for violation of a prior, specific order (from (b)(8)(C) to (b)(9)(C)) and the specific offense characteristic for sophisticated means (from (b)(9) to (b)(10)). To reflect these renumberings, conforming changes are made to Application Notes 2 and 3 to §2J1.1 (Contempt) and to the Commentary following §3D1.5 (Determining the Total Punishment).

(2) Amendment 750 amended §2D2.1 (Unlawful Possession; Attempt or Conspiracy) to delete a cross-reference at subsection (b)(1). To reflect this deletion, a conforming change is made to Application Note 3(A) to §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy).

(3) Amendment 753 renumbered the specific offense characteristic in §2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition; Prohibited Transactions Involving Firearms or Ammunition) for using or possessing a firearm in connection with another felony offense from (b)(6) to (b)(6)(B). To reflect this renumbering, conforming changes are made to Application Note 4 to §2K2.4 (Use of Firearm, Armor-Piercing Ammunition, or Explosive During or in Relation to Certain Crimes).

Effective Date: The effective date of this amendment is November 1, 2011.