AMENDMENT 388

Amendment: The Commentary to §1B1.1 captioned "Application Notes" is amended in Note 1 in the first sentence by inserting immediately before the colon:

"and are of general applicability (except to the extent expressly modified in respect to a particular guideline or policy statement)".

The Commentary to §1B1.1 captioned "Application Notes" is amended in Note 2 by deleting the first two sentences as follows:

"Definitions or explanations of terms may also appear within the commentary to specific guidelines. Such commentary is not of general applicability.",

and inserting in lieu thereof:

"Definitions of terms also may appear in other sections. Such definitions are not designed for general applicability; therefore, their applicability to sections other than those expressly referenced must be determined on a case by case basis.";

and by beginning a new paragraph with the third sentence.

The Commentary to §1B1.1 captioned "Application Notes" is amended in Note 1(e) by deleting:

"‘Firearm’ means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive.",

and inserting in lieu thereof:

"‘Firearm’ means (i) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (ii) the frame or receiver of any such weapon; (iii) any firearm muffler or silencer; or (iv) any destructive device.";

and by inserting "a" immediately before "‘BB’ or pellet gun".

The Commentary to §1B1.1 captioned "Application Notes" is amended in Note (1)(f) by inserting ", other than conduct to which §3C1.1 (Obstructing or Impeding the Administration of Justice) applies." immediately following "conceal the offense".

The Commentary to §1B1.1 captioned "Application Notes" is amended in Note 1(h) by inserting the following additional sentence at the end:

"In the case of a kidnapping, for example, maltreatment to a life-threatening degree (e.g., by denial of food or medical care) would constitute life-threatening bodily injury.".

The Commentary to §1B1.1 captioned "Application Notes" is amended in Note 1(k) by deleting "18 U.S.C. § 921(a)(4)" and inserting in lieu thereof "26 U.S.C. § 5845(f)"; and by deleting "proceeding" and inserting in lieu thereof "preceding".

The Commentary to §1B1.1 captioned "Application Notes" is amended in Note 1 by inserting the following additional subdivision:

"(l) ‘Offense’ means the offense of conviction and all relevant conduct under §1B1.3 (Relevant Conduct) unless a different meaning is specified or is otherwise clear from the context.".

Reason for Amendment: This amendment revises the definition of firearm in Note 1(e) to track more closely the definition of firearm in 18 U.S.C. § 921; clarifies Note 1(f) to prevent inappropriate "double counting;" clarifies in Note 1(h) that maltreatment to a life-threatening degree constitutes life-threatening bodily injury; conforms the statutory reference in Note 1(k) to conform to that used in §2K2.1; and inserts an additional subdivision in Note 1 (subdivision (l)) that describes how the term "offense" is used in the guidelines. In addition, this amendment correct clerical errors and makes editorial improvements.

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