428


AMENDMENT 428

Amendment: The Commentary to §5F1.5 captioned "Background" is amended by deleting the last paragraph as follows:

" The Comprehensive Crime Control Act expressly authorizes promulgation of policy statements regarding the appropriate use of conditions of probation and supervised release. 28 U.S.C. § 994(a)(2)(B). The Act does not expressly grant the authority to issue guidelines on the subject. The appellate review provisions of the Act, however, authorize appeals of occupational restrictions that deviate from the minimum and maximum limitations ‘established in the guideline’ (emphasis added).".

Reason for Amendment: This amendment deletes an outdated paragraph. Section 7103(b)(3) of Public Law 100-690 amended 28 U.S.C. § 994 by adding subsection (a)(1)(E), which expressly authorizes the Commission to promulgate guidelines addressing occupational restrictions as a condition of probation or supervised release.

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