AMENDMENT 747

Amendment: The Commentary to §2B1.1 captioned "Application Notes" is amended in Note 1 by inserting "or Paleontological Resources" after "Resources" both places it appears.

The Commentary to §2B1.1 captioned "Application Notes" is amended in Note 3 in the last paragraph by inserting "or Paleontological Resources" after "Resources"; by inserting "or paleontological resource" before ", loss"; by striking "cultural heritage" after "to that" and by striking "cultural heritage" after "of the".

The Commentary to §2K1.3 captioned "Application Notes" is amended in Note 9 by striking "; §4A1.2, comment. (n.3)".

The Commentary to §2P1.1 captioned "Application Notes" is amended in Note 5 by striking the comma after "escape)" and inserting "and"; and by striking ", and §4A1.1(e) (recency)".

The Commentary to §3A1.2 captioned "Application Notes" is amended in Note 3 by striking "§2B3.1(a)" and inserting "§2B3.1(b)(1)".

The Commentary to §3C1.1 captioned "Application Notes", as amended by Amendment 746, is amended in Note 4(F) by inserting "judge" after "magistrate"; and in Note 5(B) by striking "4(g)" and inserting "4(G)".

The Commentary to §3C1.1 captioned "Application Notes" is amended in Note 9 by striking "his" and inserting "the defendant’s"; and by striking "he" and inserting "the defendant".

The Commentary to §3C1.2 captioned "Application Notes" is amended in Note 5 by striking "his" and inserting "the defendant’s" and by striking "he" and inserting "the defendant".

The Commentary to §3E1.1 captioned "Application Notes" is amended in Note 3 by striking "1(a)" and inserting "1(A)".

The Commentary to §4B1.3 captioned "Application Notes" is amended in Note 2 by striking "(1)" and inserting "(A)"; by striking "(2)" and inserting "(B)"; and by striking "his" and inserting "the defendant’s".

The Commentary to §4B1.3 captioned "Background" is amended by striking "he" and inserting "the defendant"; and by striking "his" and inserting "the defendant’s".

The Commentary to §5B1.1 captioned "Application Notes", as amended by Amendment 738, is amended in Note 1 by redesignating subdivisions (a) and (b) as (A) and (B).

The Commentary to §5D1.1 captioned "Application Notes" is amended in Note 1 by redesignating subdivisions (1) through (5) as (A) through (E).

The Commentary to §5E1.5 captioned "Background" is amended by striking "1302c-9" and inserting "1320c-9".

The Commentary to §5G1.2 captioned "Application Notes" is amended in Note 1 in the second paragraph by striking "(1)" and inserting "(A)" and by striking "(2)" and inserting "(B)".

The Commentary to §5G1.3 captioned "Application Notes" is amended in Note 2(C) by striking "Judgement" and inserting "Judgment".

The Commentary to §7B1.4 captioned "Application Notes" is amended in Note 2 by striking "Adequacy" and inserting "Departures Based on Inadequacy"; and in Note 3 by striking "he" and inserting "the defendant".

The Commentary to §8A1.2 captioned "Application Notes" is amended in Note 2 by striking "and" after "Procedures" and inserting a comma; by inserting ", and Crime Victims’ Rights" after "Agreements"; and in Note 3 by redesignating subdivisions (a) through (j) as subdivisions (A) through (J).

Reason for Amendment: This amendment makes certain technical and conforming changes to commentary in the Guidelines Manual.

First, the amendment makes certain technical and conforming changes in connection with the amendments that the Commission submitted to Congress on April 29, 2010. Those conforming changes are as follows:

(1) Amendment 745 expanded the scope of §2B1.5 (Theft of, Damage to, or Destruction of, Cultural Heritage Resources; Unlawful Sale, Purchase, Exchange, Transportation, or Receipt of Cultural Heritage Resources) to cover not only cultural heritage resources, but also paleontological resources. To reflect this expanded scope, conforming changes are made to §2B1.1 (Theft, Property Destruction, and Fraud), Application Notes 1 and 3.

(2) Amendment 746 made a technical change to §2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition), Application Note 10, to correct an inaccurate citation. To address a parallel inaccurate citation in §2K1.3 (Unlawful Receipt, Possession, or Transportation of Explosive Materials; Prohibited Transactions Involving Explosive Materials), Application Note 9, a parallel technical change is made there.

(3) Amendment 742 eliminated the use of "recency" points in calculating the criminal history score. A conforming change is made in §2P1.1 (Escape, Instigating or Assisting Escape), Application Note 5, to delete an obsolete reference to "recency."

Second, the amendment makes certain other stylistic and clerical changes to commentary in the Guidelines Manual. It amends §3A1.2 (Official Victim), Application Note 3, to provide an accurate reference to an enhancement in the robbery guideline. It amends §3C1.1 (Obstructing or Impeding the Administration of Justice), Application Note 4, to replace the obsolete term "magistrate" with the term "magistrate judge." It amends §5E1.5 (Costs of Prosecution), Background, to correct a typographical error in a statutory citation. It amends §7B1.4 (Term of Imprisonment), Application Note 2, and §8A1.2 (Application Instructions - Organizations), Application Note 2, to provide accurate references to guideline titles. Finally, it makes certain other stylistic changes to promote stylistic consistency and gender neutrality.

Effective Date: The effective date of this amendment is November 1, 2010.