AMENDMENT 425

Amendment: The Commentary to §6A1.2 is amended by inserting, immediately after "Commentary", the following:

"Application Note:

1. Under Rule 32, Fed.R.Crim. P., if the court intends to consider a sentence outside the applicable guideline range on a ground not identified as a ground for departure either in the presentence report or a pre-hearing submission, it shall provide reasonable notice that it is contemplating such ruling, specifically identifying the ground for the departure. Burns v. United States, _U.S._, 111 S.Ct. 2182 (1991).";

and by inserting "Background:" immediately before "In order".

Reason for Amendment: This amendment adds an application note to reflect the recent Supreme Court decision in Burns v. United States, U.S. , 111 S.Ct. 2182 (1991).

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