AMENDMENT 563

Amendment: Section 2L2.1 is repromulgated with the following changes:

Section 2L2.1(b) is amended by deleting:

"(1) If the defendant committed the offense other than for profit, or the offense involved the smuggling, transporting, or harboring only of the defendant’s spouse or child (or both the defendant’s spouse and child), decrease by 3 levels.",

and inserting in lieu thereof:

"(1) If the offense was committed other than for profit, or the offense involved the smuggling, transporting, or harboring only of the defendant’s spouse or child (or both the defendant’s spouse and child), decrease by 3 levels.".

The Commentary to §2L2.1 captioned "Application Notes" is amended in Note 1 by deleting:

"‘The defendant committed the offense other than for profit’ means that there was no payment or expectation of payment for the smuggling, transporting, or harboring of any of the unlawful aliens.",

and inserting in lieu thereof:

"‘The offense was committed other than for profit’ means that there was no payment or expectation of payment for the smuggling, transporting, or harboring of any of the unlawful aliens.".

Section 2L2.2 is repromulgated without change.

Reason for Amendment: This amendment implements section 211 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. 104-208, 110 Stat. 3009, which directs the Commission to amend the guidelines for offenses related to the fraudulent use of government-issued documents. Pursuant to the emergency amendment authority of that Act, this amendment previously was promulgated as a temporary measure effective May 1, 1997. This version of the amendment changes §2L2.1(b)(1)(pertaining to a reduction for non-profit offenses) to narrow somewhat the class of cases that would qualify for the reduced offense level under that provision.

Effective Date: The effective date of this amendment is November 1, 1997.