AMENDMENT 505

Amendment: Section 2D1.1(c) is amended by deleting:

"(1) 300 KG or more of Heroin (or the equivalent amount of other                Level 42

Schedule I or II Opiates);

1500 KG or more of Cocaine (or the equivalent amount of other

Schedule I or II Stimulants);

15 KG or more of Cocaine Base;

300 KG or more of PCP,

or 30 KG or more of PCP (actual);

300 KG or more of Methamphetamine,

or 30 KG or more of Methamphetamine (actual),

or 30 KG or more of "Ice";

3 KG or more of LSD (or the equivalent amount of other

Schedule I or II Hallucinogens);

120 KG or more of Fentanyl;

30 KG or more of a Fentanyl Analogue;

300,000 KG or more of Marihuana;

60,000 KG or more of Hashish;

6,000 KG or more of Hashish Oil.

(2) At least 100 KG but less than 300 KG of Heroin (or the                       Level 40

equivalent amount of other Schedule I or II Opiates);

At least 500 KG but less than 1500 KG of Cocaine (or the

equivalent amount of other Schedule I or II Stimulants);

At least 5 KG but less than 15 KG of Cocaine Base;

At least 100 KG but less than 300 KG of PCP,

or at least 10 KG but less than 30 KG of PCP (actual);

At least 100 KG but less than 300 KG of Methamphetamine,

or at least 10 KG but less than 30 KG of Methamphetamine (actual),

or at least 10 KG but less than 30 KG of "Ice";

At least 1 KG but less than 3 KG of LSD (or the equivalent

amount of other Schedule I or II Hallucinogens);

At least 40 KG but less than 120 KG of Fentanyl;

At least 10 KG but less than 30 KG of a Fentanyl Analogue;

At least 100,000 KG but less than 300,000 KG of Marihuana;

At least 20,000 KG but less than 60,000 KG of Hashish;

At least 2,000 KG but less than 6,000 KG of Hashish Oil.

(3) At least 30 KG but less than 100 KG of Heroin (or the                     Level 38

equivalent amount of other Schedule I or II Opiates);

At least 150 KG but less than 500 KG of Cocaine (or the

equivalent amount of other Schedule I or II Stimulants);

At least 1.5 KG but less than 5 KG of Cocaine Base;

At least 30 KG but less than 100 KG of PCP,

or at least 3 KG but less than 10 KG of PCP (actual);

At least 30 KG but less than 100 KG of Methamphetamine,

or at least 3 KG but less than 10 KG of Methamphetamine (actual),

or at least 3 KG but less than 10 KG of "Ice";

At least 300 G but less than 1 KG of LSD (or the equivalent

amount of other Schedule I or II Hallucinogens);

At least 12 KG but less than 40 KG of Fentanyl;

At least 3 KG but less than 10 KG of a Fentanyl Analogue;

At least 30,000 KG but less than 100,000 KG of Marihuana;

At least 6,000 KG but less than 20,000 KG of Hashish;

At least 600 KG but less than 2,000 KG of Hashish Oil.",

and inserting in lieu thereof:

"(1) 30 KG or more of Heroin (or the equivalent                              Level 38

amount of other Schedule I or II Opiates);

150 KG or more of Cocaine (or the

equivalent amount of other Schedule I or II

Stimulants);

1.5 KG or more of Cocaine Base;

30 KG or more of PCP,

or 3 KG or more of PCP (actual);

30 KG or more of Methamphetamine,

or 3 KG or more of Methamphetamine (actual),

or 3 KG or more of ‘Ice’;

300 G or more of LSD (or the equivalent

amount of other Schedule I or II Hallucinogens);

12 KG or more of Fentanyl;

3 KG or more of a Fentanyl Analogue;

30,000 KG or more of Marihuana;

6,000 KG or more of Hashish;

600 KG or more of Hashish Oil.";

and by renumbering subdivisions 4-19 as 2-17, respectively.

The Commentary to §2D1.1 captioned "Application Notes" is amended in Note 14 by deleting "860(b)(4)" and inserting in lieu thereof "960(b)(4)".

The Commentary to §2D1.1 captioned "Application Notes" is amended in Note 16 by deleting "40" and inserting in lieu thereof "38"; by deleting "35" wherever it appears and inserting in lieu thereof in each instance "33"; and by deleting "4 levels" and inserting in lieu thereof "2 levels".

The Commentary to §2D1.1 captioned "Application Notes" is amended by inserting the following additional note:

"19. In an extraordinary case, an upward departure above offense level 38 on the basis of drug quantity may be warranted. For example, an upward departure may be warranted where the quantity is at least ten times the minimum quantity required for level 38.".

The Commentary to §2D1.6 captioned "Application Note" is amended in Note 1 by deleting "(§2D1.1(c)(16))" and inserting in lieu thereof "(§2D1.1(c)(14))"; and by deleting "(§2D1.1(c)(19))" and inserting in lieu thereof "(§2D1.1(c)(17))".

Reason for Amendment: This amendment sets the upper limit of the Drug Quantity Table in §2D1.1 at level 38. The Commission has determined that the extension of the Drug Quantity Table above level 38 for quantity itself is not required to ensure adequate punishment given that organizers, leaders, managers, and supervisors of such offenses will receive a 4-, 3-, or 2-level enhancement for their role in the offense, and any participant will receive an additional 2-level enhancement if a dangerous weapon is possessed in the offense. The Commission, however, has not foreclosed the possibility of an upward departure above offense level 38 on the basis of drug quantity in an extraordinary case. In addition, this amendment corrects a typographical error in a statutory reference.

Effective Date: The effective date of this amendment is November 1, 1994.