AMENDMENT 423

Amendment: Section 1B1.10(c) is amended by deleting:

"(c) Provided, however, that a reduction in a defendant’s term of imprisonment --

(1) is not authorized unless the maximum of the guideline range applicable to the defendant (from Chapter Five, Part A) has been lowered by at least six months; and

(2) may, in no event, exceed the number of months by which the maximum of the guideline range applicable to the defendant (from Chapter Five, Part A) has been lowered.",

and inserting in lieu thereof:

"(c) Provided, that a reduction in a defendant’s term of imprisonment may, in no event, exceed the number of months by which the maximum of the guideline range applicable to the defendant (from Chapter Five, Part A) has been lowered.".

Section 1B1.10(d) is amended by deleting "and 341" and inserting in lieu thereof "341, 379, and 380".

The Commentary to §1B1.10 captioned "Background" is amended in the fourth paragraph by deleting:

"The requirement in subsection (c)(1) that the maximum of the guideline range be lowered by at least six months for a reduction to be considered",

and inserting in lieu thereof:

"The Commission has not included in this policy statement amendments that generally reduce the maximum of the guideline range by less than six months. This criterion".

Reason for Amendment: This amendment expands the listing in subsection (d) to implement the directive in 28 U.S.C. § 994(u) in respect to the guideline amendments effective November 1, 1991. In addition, the amendment modifies subsection (c) to simplify the operation of this policy statement, expand eligibility under the policy statement to a few additional cases, and remove the potential for an anomalous result.

Effective Date: The effective date of this amendment is November 1, 1991.