AMENDMENT 401
Amendment: The Commentary to §2J1.2 captioned "Application Notes" is amended in Note 1 by deleting:
", an indictment or verdict based upon perjury, false testimony, or other false evidence,"
and inserting in lieu thereof:
"; an indictment, verdict, or any judicial determination based upon perjury, false testimony, or other false evidence;".
The Commentary to §2J1.2 captioned "Application Notes" is amended by inserting the following additional note:
"5. The inclusion of ‘property damage’ under subsection (b)(1) is designed to address cases in which property damage is caused or threatened as a means of intimidation or retaliation (e.g., to intimidate a witness from, or retaliate against a witness for, testifying). Subsection (b)(1) is not intended to apply, for example, where the offense consisted of destroying a ledger containing an incriminating entry.".
The Commentary to §2J1.2 captioned "Background" is amended in the second paragraph by deleting:
"assist another person to escape punishment for a crime he has committed, an alternative reference to the guideline for accessory after the fact is made",
and inserting in lieu thereof:
"avoid punishment for an offense that the defendant has committed or to assist another person to escape punishment for an offense, a cross reference to §2X3.1 (Accessory After the Fact) is provided. Use of this cross reference will provide an enhanced offense level when the obstruction is in respect to a particularly serious offense, whether such offense was committed by the defendant or another person".
The Commentary to §2J1.3 captioned "Application Notes" is amended in Note 1 by deleting:
", an indictment or verdict based upon perjury, false testimony, or other false evidence,"
and inserting in lieu thereof:
"; an indictment, verdict, or any judicial determination based upon perjury, false testimony, or other false evidence;".
The Commentary to §2J1.5 captioned "Application Notes" is amended in Note 1 by deleting:
", an indictment or verdict based upon perjury, false testimony, or other false evidence,"
and inserting in lieu thereof:
"; an indictment, verdict, or any judicial determination based upon perjury, false testimony, or other false evidence;".
The Commentary to §2J1.8 captioned "Application Notes" is amended in Note 1 by deleting:
", an indictment or verdict based upon perjury, false testimony, or other false evidence,"
and inserting in lieu thereof:
"; an indictment, verdict, or any judicial determination based upon perjury, false testimony, or other false evidence;".
Reason for Amendment: This amendment clarifies the types of circumstances to which §§2J1.2(b)(1) and 2J1.2(c)(1) apply. This amendment also clarifies the scope of the enhancement for "substantial interference with the administration of justice" in §§2J1.2, 2J1.3, 2J1.5, and 2J1.8.
Effective Date: The effective date of this amendment is November 1, 1991.