AMENDMENT 843
Amendment: Section 1B1.13(a) is amended by striking “Bureau of Prisons” and inserting “Federal Bureau of Prisons”.
Section 1B1.13(b)(4) is amended by striking “Bureau of Prisons” and inserting “Federal Bureau of Prisons”.
Section 2A3.1(b)(4)(C) is amended by striking “subdivisions (A) and (B)” and inserting “subparagraphs (A) and (B)”.
The Commentary to §2A3.1 captioned “Application Notes” is amended in Note 1, in the paragraph that begins “ ‘Interactive computer service’ has”, by striking “section 230(e)(2)” and inserting “section 230(f)(2)”.
The Commentary to §2A3.2 captioned “Application Notes” is amended in Note 1, in the paragraph that begins “ ‘Interactive computer service’ has”, by striking “section 230(e)(2)” and inserting “section 230(f)(2)”.
The Commentary to §2A3.3 captioned “Application Notes” is amended in Note 1, in the paragraph that begins “ ‘Interactive computer service’ has”, by striking “section 230(e)(2)” and inserting “section 230(f)(2)”.
The Commentary to §2A3.4 captioned “Application Notes” is amended in Note 1, in the paragraph that begins “ ‘Interactive computer service’ has”, by striking “section 230(e)(2)” and inserting “section 230(f)(2)”.
The Commentary to §2D1.1 captioned “Application Notes,” as amended by Amendment 837 and Amendment 839, is further amended in Note 13 by striking “section 230(e)(2)” and inserting “section 230(f)(2)”.
The Commentary to §2D1.11 captioned “Application Notes,” as amended by Amendment 837 and Amendment 840, is further amended—
in Note 1(A) by striking “subdivision (B)” and inserting “subparagraph (B)”;
in Note 4, as redesignated by Amendment 837, by striking “section 230(e)(2)” and inserting “section 230(f)(2)”;
and in Note 7, as redesignated by Amendment 837, by striking “involved unlawfully manufacturing a controlled substance or attempting to manufacture” and inserting “involved unlawfully manufacturing a controlled substance, or attempting to manufacture”.
The Commentary to §2D1.12 captioned “Application Notes” is amended—
in Note 1 by striking “involved unlawfully manufacturing a controlled substance or attempting to manufacture” and inserting “involved unlawfully manufacturing a controlled substance, or attempting to manufacture”;
and in Note 3 by striking “section 230(e)(2)” and inserting “section 230(f)(2)”.
The Commentary to §2G1.3 captioned “Application Notes,” as amended by Amendment 840, is further amended in Note 1, in the paragraph that begins “ ‘Interactive computer service’ has”, by striking “section 230(e)(2)” and inserting “section 230(f)(2)”.
The Commentary to §2G2.1 captioned “Application Notes,” as amended by Amendment 840, is further amended in Note 1, in the paragraph that begins “ ‘Interactive computer service’ has”, by striking “section 230(e)(2)” and inserting “section 230(f)(2)”.
Section 2G2.2(b)(3)(D) is amended by striking “subdivision (E)” and inserting “subparagraph (E)”.
Section 2G2.2(b)(3)(F) is amended by striking “subdivisions (A) through (E)” and inserting “subparagraphs (A) through (E)”.
The Commentary to §2G2.2 captioned “Application Notes” is amended in Note 1—
in the paragraph that begins “ ‘Interactive computer service’ has” by striking “section 230(e)(2)” and inserting “section 230(f)(2)”;
and in the paragraph that begins “ ‘Sexual abuse or exploitation’ means” by striking “subdivisions (A) or (B)” and inserting “subparagraphs (A) or (B)”.
The Commentary to §2G2.2 captioned “Background” is amended by striking “subdivision (7)” and inserting “paragraph (7)”.
The Commentary to §2G2.6 captioned “Application Notes” is amended in Note 1, in the paragraph that begins “ ‘Interactive computer service’ has”, by striking “section 230(e)(2)” and inserting “section 230(f)(2)”.
Section 2G3.1(b)(1)(D) is amended by striking “subdivision (E)” and inserting “subparagraph (E)”.
Section 2G3.1(b)(1)(F) is amended by striking “subdivisions (A) through (E)” and inserting “subparagraphs (A) through (E)”.
The Commentary to §2G3.1 captioned “Application Notes” is amended in Note 1, in the paragraph that begins “ ‘Interactive computer service’ has”, by striking “section 230(e)(2)” and inserting “section 230(f)(2)”.
The Commentary to §5E1.2 captioned “Application Notes” is amended in Note 6 by striking “Bureau of Prisons” and inserting “Federal Bureau of Prisons”.
The Commentary to §5F1.7 captioned “Background” is amended in the paragraph that begins “In 1990,” by striking “Bureau of Prisons” each place it appears and inserting “Federal Bureau of Prisons”.
The Commentary to §5F1.8 captioned “Application Note” is amended in Note 1 by striking “Bureau of Prisons” and inserting “Federal Bureau of Prisons”.
Section 5G1.3(b)(1) is amended by striking “Bureau of Prisons” and inserting “Federal Bureau of Prisons”.
The Commentary to §5G1.3 captioned “Application Notes” is amended in Note 2(C) by striking “Bureau of Prisons” and inserting “Federal Bureau of Prisons”.
The Commentary to §7B1.4 captioned “Application Notes” is amended in Note 3 by striking “18 U.S.C. § 3563(a)” and inserting “18 U.S.C. § 3563(e)”.
Section 7C1.1(a) is amended by striking “four grades” and inserting “three grades”.
The Commentary to §7C1.5 captioned “Application Notes” is amended in Note 3 by striking “The availability” and inserting “In the case of a defendant who fails a drug test, the availability”.
Section 8A1.2(b)(2)(G) is amended by striking “guideline range” and inserting “guideline fine range”.
Section 8A1.2(b)(4) is amended by striking “guideline range” and inserting “guideline fine range”.
Section 8C2.8(a) is amended by striking “guideline range” and inserting “guideline fine range”.
The Commentary to §8C2.8 captioned “Application Notes” is amended in Note 2 by striking “guideline range” and inserting “guideline fine range”.
Appendix A (Statutory Index), as amended by Amendment 842, is further amended—
in the line referenced to 7 U.S.C. § 6b(A) by striking “§ 6b(A)” and inserting “§ 6b(a)”;
in the line referenced to 7 U.S.C. § 6b(B) by striking “§ 6b(B)” and inserting “§ 6b(b)”;
in the line referenced to 7 U.S.C. § 6b(C) by striking “§ 6b(C)” and inserting “§ 6b(c)”;
by inserting before the line referenced to 46 U.S.C. App. § 1707a(f)(2) the following line references:
“46 U.S.C. § 70503 2D1.1
46 U.S.C. § 70506(a) 2D1.1
46 U.S.C. § 70506(b) 2D1.1”;
and by striking the following line references:
“46 U.S.C. App. § 1903(a) 2D1.1
46 U.S.C. App. § 1903(g) 2D1.1
46 U.S.C. App. § 1903(j) 2D1.1”.
Reason for Amendment: This amendment makes technical, stylistic, and other non-substantive changes to the Guidelines Manual.
First, the amendment makes clerical changes to several guidelines to replace references to the “Bureau of Prisons” with more accurate references to the “Federal Bureau of Prisons.” It makes changes to the following guidelines: §1B1.13 (Reduction in Term of Imprisonment Under 18 U.S.C. § 3582(c)(1)(A) (Policy Statement)); §5E1.2 (Fines for Individual Defendants); §5F1.7 (Shock Incarceration Program (Policy Statement)); §5F1.8 (Intermittent Confinement); and §5G1.3 (Imposition of a Sentence on a Defendant Subject to an Undischarged Term of Imprisonment or Anticipated State Term of Imprisonment).
Second, the amendment makes technical changes to update the references to the Communications Act of 1934 in the context of the definition of the term “interactive computer service,” which is used by several guidelines. It makes changes to the following guidelines: §2A3.1 (Criminal Sexual Abuse; Attempt to Commit Criminal Sexual Abuse); §2A3.2 (Criminal Sexual Abuse of a Minor Under the Age of Sixteen Years (Statutory Rape) or Attempt to Commit Such Acts); §2A3.3 (Criminal Sexual Abuse of a Ward or Attempt to Commit Such Acts; Criminal Sexual Abuse of an Individual in Federal Custody); §2A3.4 (Abusive Sexual Contact or Attempt to Commit Abusive Sexual Contact); §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy); §2D1.11 (Unlawfully Distributing, Importing, Exporting or Possessing a Listed Chemical; Attempt or Conspiracy); §2D1.12 (Unlawful Possession, Manufacture, Distribution, Transportation, Exportation, or Importation of Prohibited Flask, Equipment, Chemical, Product, or Material; Attempt or Conspiracy); §2G1.3 (Promoting a Commercial Sex Act or Prohibited Sexual Conduct with a Minor; Transportation of Minors to Engage in a Commercial Sex Act or Prohibited Sexual Conduct; Travel to Engage in Commercial Sex Act or Prohibited Sexual Conduct with a Minor; Sex Trafficking of Children; Use of Interstate Facilities to Transport Information about a Minor); §2G2.1 (Sexually Exploiting a Minor by Production of Sexually Explicit Visual or Printed Material; Custodian Permitting Minor to Engage in Sexually Explicit Conduct; Advertisement for Minors to Engage in Production); §2G2.2 (Trafficking in Material Involving the Sexual Exploitation of a Minor; Receiving, Transporting, Shipping, Soliciting, or Advertising Material Involving the Sexual Exploitation of a Minor; Possessing Material Involving the Sexual Exploitation of a Minor with Intent to Traffic; Possessing Material Involving the Sexual Exploitation of a Minor); §2G2.6 (Child Exploitation Enterprises); §2G3.1 (Importing, Mailing, or Transporting Obscene Matter; Transferring Obscene Matter to a Minor; Misleading Domain Names); and §2H3.1 (Interception of Communications; Eavesdropping; Disclosure of Certain Private or Protected Information). The amendment also makes other non-substantive changes to some of these guidelines to provide stylistic consistency in how subdivisions are designated and to correct some typographical errors.
Third, the amendment makes technical changes to §7B1.4 (Term of Imprisonment—Probation (Policy Statement)) and §7C1.5 (Term of Imprisonment—Supervised Release (Policy Statement)), to clarify statutory references regarding a court’s authority to provide an exception to mandatory revocation of probation or supervised release in the case of a defendant who fails a drug test.
Fourth, the amendment makes a technical change to §7C1.1 (Classification of Violations (Policy Statement)) to correct an inaccurate reference to “four” grades of supervised release violations.
Fifth, the amendment makes technical changes to §8A1.2 (Application Instructions ― Organizations) and §8C2.8 (Determining the Fine Within the Range (Policy Statement)), to replace references to the “guideline range” with more accurate references to the “guideline fine range.”
Finally, the amendment makes clerical changes to Appendix A (Statutory Index) to reflect the editorial reclassification of certain sections in the United States Code.
Effective Date: The effective date of this amendment is November 1, 2026.