457


AMENDMENT 457

Amendment: The Commentary to §3C1.1 captioned "Application Notes" is amended by inserting the following additional note:

"7. Under this section, the defendant is accountable for his own conduct and for conduct that he aided or abetted, counseled, commanded, induced, procured, or willfully caused.".

The Commentary to §3C1.2 captioned "Application Notes" is amended by inserting the following additional notes:

"5. Under this section, the defendant is accountable for his own conduct and for conduct that he aided or abetted, counseled, commanded, induced, procured, or willfully caused.

6. If death or bodily injury results or the conduct posed a substantial risk of death or bodily injury to more than one person, an upward departure may be warranted. See Chapter Five, Part K (Departures).".

Reason for Amendment: This amendment clarifies the scope of the conduct for which the defendant is accountable under §§3C1.1 and 3C1.2. In addition, this amendment adds an application note to the Commentary of §3C1.2 that describes circumstances in which an upward departure may be warranted.

Effective Date: The effective date of this amendment is November 1, 1992.