561


AMENDMENT 561

Amendment: Section 2L1.1 is repromulgated with the following changes:

Section 2L1.1(b)(1)(A) is amended by deleting "the defendant committed the offense" and inserting in lieu thereof "the offense was committed".

The Commentary to §2L1.1 captioned "Application Notes" is amended in Note 1 by deleting:

"‘The defendant committed the offense other than for profit’ means that there was no payment or expectation of payment for the smuggling, transporting, or harboring of any of the unlawful aliens. The ‘number of unlawful aliens smuggled, transported, or harbored’ does not include the defendant.",

and inserting in lieu thereof:

"‘The offense was committed other than for profit’ means that there was no payment or expectation of payment for the smuggling, transporting, or harboring of any of the unlawful aliens.

‘Number of unlawful aliens smuggled, transported, or harbored’ does not include the defendant.".

Section 5K2.0 is amended in the third paragraph by deleting "immigration violations" and inserting in lieu thereof "other guidelines"; and by deleting "for an immigration violation" and inserting in lieu thereof "under one of these other guidelines".

Reason for Amendment: This amendment implements section 203 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. 104-208, 110 Stat. 3009, which directs the Commission to amend the guidelines for offenses related to smuggling, transporting, or harboring illegal aliens. Pursuant to the emergency amendment authority of that Act, this amendment previously was promulgated as a temporary measure effective May 1, 1997. This version of the amendment changes §2L1.1(b)(1)(A)(pertaining to a reduction for non-profit offenses) to narrow somewhat the class of cases that would qualify for the reduced offense level under that provision. This amendment also makes a conforming change to §5K2.0.

Effective Date: The effective date of this amendment is November 1, 1997.