AMENDMENT 504

Amendment: Section 1B1.10(a) is amended by deleting "guidelines" and inserting in lieu thereof "Guidelines Manual"; by deleting "may be considered" and inserting in lieu thereof "is authorized"; by inserting "and thus is not authorized" immediately following "policy statement"; and by deleting "subsection (d)" wherever it appears and inserting in lieu thereof in each instance "subsection (c)".

Section 1B1.10(b) is amended by inserting ", and to what extent," immediately before "a reduction"; and by deleting:

"originally imposed had the guidelines, as amended, been in effect at that time",

and inserting in lieu thereof:

"imposed had the amendment(s) to the guidelines listed in subsection (c) been in effect at the time the defendant was sentenced".

Section 1B1.10 is amended by deleting:

"(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.";

and by redesignating subsection (d) as subsection (c).

Section 1B1.10(c)(formerly subsection (d)) is amended by inserting "371," immediately before "379"; and by deleting "and 499" and inserting in lieu thereof "499, and 506".

The Commentary to §1B1.10 captioned "Application Note" is amended by deleting "Note" and inserting in lieu thereof "Notes"; and by deleting:

"1. Although eligibility for consideration under 18 U.S.C. § 3582(c)(2) is triggered only by an amendment listed in subsection (d) of this section, the amended guideline range referred to in subsections (b) and (c) of this section is to be determined by applying all amendments to the guidelines (i.e., as if the defendant was being sentenced under the guidelines currently in effect).",

and inserting in lieu thereof:

"1. Eligibility for consideration under 18 U.S.C. § 3582(c)(2) is triggered only by an amendment listed in subsection (c) that lowers the applicable guideline range.

2. In determining the amended guideline range under subsection (b), the court shall substitute only the amendments listed in subsection (c) for the corresponding guideline provisions that were applied when the defendant was sentenced. All other guideline application decisions remain unaffected.".

The Commentary to §1B1.10 captioned "Background" is amended in the third paragraph by deleting "subsection (d)" and inserting in lieu thereof "subsection (c)".

Reason for Amendment: This amendment simplifies the operation of §1B1.10 by providing that, in determining an amended guideline range, the court will use only those amendments expressly designated as retroactive. In addition, this amendment deletes §1B1.10(c), a rather complex subsection, as an unnecessary restriction on the court’s consideration of a revised sentence, redesignates §1B1.10(d) as §1B1.10(c), and makes a number of minor clarifying revisions. This amendment also expands the listing in §1B1.10(c) (formerly §1B1.10(d)) to implement the directive in 28 U.S.C. § 994(u) with respect to guideline amendments that may be considered for retroactive application.

Effective Date: The effective date of this amendment is November 1, 1994.