AMENDMENT 514

Amendment: Section 2D1.1(b) is amended by inserting the following additional subdivision:

"(3) If the object of the offense was the distribution of a controlled substance in a prison, correctional facility, or detention facility, increase by 2 levels.".

Section 2D2.1(b) is amended by deleting "Reference" and inserting in lieu thereof "References"; and by inserting the following new subdivision:

"(2) If the offense involved possession of a controlled substance in a prison, correctional facility, or detention facility, apply §2P1.2 (Providing or Possessing Contraband in Prison).".

Reason for Amendment: Section 90103 of the Violent Crime Control and Law Enforcement Act of 1994 directs the Commission to amend the guidelines to provide an adequate enhancement for an offense under 21 U.S.C. § 841 that involves distributing a controlled substance in a federal prison or detention facility. This amendment addresses this directive by adding a two-level enhancement to §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking; Attempt or Conspiracy) for an offense involving a prison or detention facility, similar to the enhancement provided for drug distribution in other protected locations at §2D1.2 (Drug Offenses Occurring Near Protected Locations or Involving Underage or Pregnant Individuals; Attempt or Conspiracy).

Section 90103 also directs the Commission to amend the guidelines to provide an appropriate enhancement for an offense of simple possession of a controlled substance under 21 U.S.C. § 844 that occurs in a federal prison or detention facility. This amendment addresses this directive by providing a cross reference in §2D2.1 (Unlawful Possession; Attempt or Conspiracy) that references §2P1.2 (Providing or Possessing Contraband in Prison) in such cases.

Effective Date: The effective date of this amendment is November 1, 1995.