AMENDMENT 507

Amendment: The Commentary to §5G1.2 is amended in the fourth paragraph by deleting "3D1.2" and inserting in lieu thereof "3D1.1"; and by inserting the following additional sentences at the end:

"Note, however, that even in the case of a consecutive term of imprisonment imposed under subsection (a), any term of supervised release imposed is to run concurrently with any other term of supervised release imposed. See 18 U.S.C. § 3624(e).".

Reason for Amendment: This amendment revises the Commentary to §5G1.2 to clarify that the Commission’s interpretation is that 18 U.S.C. § 3624(e) requires multiple terms of supervised release to run concurrently in all cases. This interpretation is in accord with the view stated in United States v. Gullickson, 982 F.2d 1231, 1236 (8th Cir. 1993). In contrast, two courts of appeals have cited the current commentary as supporting the view that, notwithstanding the language in 18 U.S.C. § 3624(e) stating that terms of supervised release run concurrently, a court may order that supervised release terms run consecutively under certain circumstances. See United States v. Shorthouse, 7 F.3d 149 (9th Cir. 1993); United States v. Maxwell, 966 F.2d 545, 551 (10th Cir. 1992).

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