494


AMENDMENT 494

Amendment: The Commentary to §5G1.3 captioned "Application Notes" is amended in the second paragraph of Note 2 by deleting "40" and inserting in lieu thereof "30", and by deleting "55" and inserting in lieu thereof "45".

The Commentary to §5G1.3 captioned "Application Notes" is amended by inserting the following additional note:

"4. If the defendant was on federal or state probation, parole, or supervised release at the time of the instant offense, and has had such probation, parole, or supervised release revoked, the sentence for the instant offense should be imposed to be served consecutively to the term imposed for the violation of probation, parole, or supervised release in order to provide an incremental penalty for the violation of probation, parole, or supervised release (in accord with the policy expressed in §§7B1.3 and 7B1.4).".

Reason for Amendment: This amendment adds an application note to §5G1.3 to provide guidance in the case of a defendant who was on federal or state probation, parole, or supervised release at the time of the instant federal offense and has had such term of supervision revoked prior to sentencing on the instant federal offense. In addition, this amendment corrects a mathematical error in an example.

Effective Date: The effective date of this amendment is November 1, 1993.