AMENDMENT 498

Amendment: The Commentary to §1B1.7 is amended by deleting the second paragraph as follows:

" In stating that failure to follow certain commentary ‘could constitute an incorrect application of the guidelines,’ the Commission simply means that in seeking to understand the meaning of the guidelines courts likely will look to the commentary for guidance as an indication of the intent of those who wrote them. In such instances, the courts will treat the commentary much like legislative history or other legal material that helps determine the intent of a drafter.",

and inserting in lieu thereof:

" ‘[C]ommentary in the Guidelines Manual that interprets or explains a guideline is authoritative unless it violates the Constitution or a federal statute, or is inconsistent with, or a plainly erroneous reading of, that guideline.’ Stinson v. United States, 113 S. Ct. 1913, 1915 (1993).".

Reason for Amendment: This amendment revises the commentary to this section to reflect the decision of the Supreme Court in Stinson v. United States, 113 S. Ct. 1913, 1915 (1993).

Effective Date: The effective date of this amendment is November 1, 1993.