AMENDMENT 286

Amendment: Chapter Five, Part G is amended by deleting §5G1.1 in its entirety as follows:

"§5G1.1. Sentencing on a Single Count of Conviction

(a) If application of the guidelines results in a sentence above the maximum authorized by statute for the offense of conviction, the statutory maximum shall be the guideline sentence.

(b) If application of the guidelines results in a sentence below the minimum sentence required by statute, the statutory minimum shall be the guideline sentence.

(c) In any other case, the sentence imposed shall be the sentence as determined from application of the guidelines.

Commentary

If the statute requires imposition of a sentence other than that required by the guidelines, the statute shall control. The sentence imposed should be consistent with the statute but as close as possible to the guidelines.".

A replacement guideline with accompanying commentary is inserted as §5G1.1 (Sentencing on a Single Count of Conviction).

Reason for Amendment: The purpose of this amendment is to clarify the guideline.

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