AMENDMENT 90

Amendment: Section 2A2.4(b)(1) is amended by deleting "striking, beating, or wounding", and inserting in lieu thereof "physical contact, or if a dangerous weapon (including a firearm) was possessed and its use was threatened".

The Commentary to §2A2.4 captioned "Application Notes" is amended by deleting:

"2. ‘Striking, beating, or wounding’ is discussed in the Commentary to §2A2.3 (Minor Assault).",

and inserting in lieu thereof:

"2. Definitions of ‘firearm’ and ‘dangerous weapon’ are found in the Commentary to §1B1.1 (Application Instructions).".

Reason for Amendment: The purpose of this amendment is to provide a clearer standard by replacing the phrase "striking, wounding, or beating" (a statutory phrase dealing with a petty offense) with "physical contact." The amendment also provides an enhanced offense level for the case in which a weapon is possessed and its use is threatened.

Effective Date: The effective date of this amendment is November 1, 1989.