AMENDMENT 438

Amendment: Section 1B1.2(a) is amended by deleting "conviction by a plea of guilty or nolo contendere" and inserting in lieu thereof "a plea agreement (written or made orally on the record)".

Section 1B1.2(c) is amended by deleting "conviction by a plea of guilty or nolo contendere" and inserting in lieu thereof "plea agreement (written or made orally on the record)".

The Commentary to §1B1.2 captioned "Application Notes" is amended in Note 5 by deleting "jury’s verdict" and inserting in lieu thereof "verdict or plea".

Reason for Amendment: This amendment revises the language of this guideline to clarify the meaning of the term "stipulation," complementing an amendment to the commentary of this guideline effective November 1, 1991 (amendment 434). Both this amendment and amendment 434 were made in response to Braxton v. United States, 111 S.Ct. 1854 (1991). In addition, the term "jury’s verdict" in the commentary of this section is deleted and replaced with the more appropriate term "verdict or plea".

Effective Date: The effective date of this amendment is November 1, 1992.