AMENDMENT 479

Amendment: Section 2A4.2 is amended by inserting the following additional subsection:

"(b) Cross Reference

(1) If the defendant was a participant in the kidnapping offense, apply §2A4.1 (Kidnapping; Abduction; Unlawful Restraint).".

The Commentary to §2A4.2 is amended by inserting the following immediately before "Background".

"Application Note:

1. A ‘participant’ is a person who is criminally responsible for the commission of the offense, but need not have been convicted.".

Section 2B3.2(c) is amended by deleting "Reference" and inserting in lieu thereof "References"; by renumbering subdivision (1) as subdivision (2); and by inserting the following additional subdivision:

"(1) If a victim was killed under circumstances that would constitute murder under 18 U.S.C. § 1111 had such killing taken place within the territorial or maritime jurisdiction of the United States, apply §2A1.1 (First Degree Murder).".

Section 2B3.3 is amended by inserting the following additional subsection:

"(c) Cross References

(1) If the offense involved extortion under color of official right, apply §2C1.1 (Offering, Giving, Soliciting, or Receiving a Bribe; Extortion Under Color of Official Right).

(2) If the offense involved extortion by force or threat of injury or serious damage, apply §2B3.2 (Extortion by Force or Threat of Injury or Serious Damage).".

Section 2D1.1 is amended by inserting the following additional subsection:

"(d) Cross Reference

(1) If a victim was killed under circumstances that would constitute murder under 18 U.S.C. § 1111 had such killing taken place within the territorial or maritime jurisdiction of the United States, apply §2A1.1 (First Degree Murder).".

Section 2E2.1 is amended by inserting the following additional subsection:

"(c) Cross Reference

(1) If a victim was killed under circumstances that would constitute murder under 18 U.S.C. § 1111 had such killing taken place within the territorial or maritime jurisdiction of the United States, apply §2A1.1 (First Degree Murder).".

Reason for Amendment: This amendment adds a cross reference to §2A4.2 to address the circumstance in which the defendant was a participant in the underlying kidnapping offense. This amendment also adds cross references to §§2B3.2, 2D1.1, and 2E2.1 to address the circumstance in which a victim is murdered during the offense. Finally, this amendment adds cross references to §2B3.3 to ensure the selection of the appropriate guideline.

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