AMENDMENT 417

Amendment: Section 3D1.2(d) is amended in the second paragraph by inserting ", 2C1.7" immediately following "2C1.2"; by inserting ", 2D1.11, 2D1.13" immediately following "2D1.5"; and by deleting "2K2.2" and inserting in lieu thereof "2K2.1".

The Commentary to §3D1.2 captioned "Application Notes" is amended in Note 2 by inserting the following immediately after the second sentence:

"For offenses in which there are no identifiable victims (e.g., drug or immigration offenses, where society at large is the victim), the ‘victim’ for purposes of subsections (a) and (b) is the societal interest that is harmed. In such cases, the counts are grouped together when the societal interests that are harmed are closely related. Where one count, for example, involves unlawfully entering the United States and the other involves possession of fraudulent evidence of citizenship, the counts are grouped together because the societal interests harmed (the interests protected by laws governing immigration) are closely related. In contrast, where one count involves the sale of controlled substances and the other involves an immigration law violation, the counts are not grouped together because different societal interests are harmed.";

and by deleting the last sentence as follows:

"Thus, for so-called ‘victimless’ crimes (crimes in which society at large is the victim), the grouping decision must be based primarily upon the nature of the interest invaded by each offense.".

The Commentary to §3D1.2 captioned "Application Notes" is amended by deleting Note 8, inserting the text of deleted Note 8 as the second paragraph of Note 5, and by renumbering Note 9 as Note 8.

The Commentary to §3D1.2 captioned "Application Notes" is amended in the third (formerly second) paragraph of Note 5 by deleting "accessory after the fact for" and inserting in lieu thereof "a conspiracy to commit".

The Commentary to §3D1.2 captioned "Application Notes" is amended in Note 6 by inserting the following additional paragraph as the second paragraph:

"A conspiracy, attempt, or solicitation to commit an offense is covered under subsection (d) if the offense that is the object of the conspiracy, attempt, or solicitation is covered under subsection (d).".

The Commentary following §3D1.5 captioned "Illustrations of the Operation of the Multiple-Count Rules" is amended in example 1 by deleting "gun was discharged" and inserting in lieu thereof "firearm was displayed".

The Commentary following §3D1.5 captioned "Illustrations of the Operation of the Multiple-Count Rules" is amended in example 2 by deleting:

"The base offense level is 6, and there is an aggravator of 1 level for property value. However, because the conduct involved repeated acts with some planning, the offense level is raised to 8 (§2F1.1(b)(2)(B)). The combined offense level therefore is 8.",

and inserting in lieu thereof:

"The base offense level is 6; 1 level is added because of the value of the property (§2F1.1(b)(1)); and 2 levels are added because the conduct involved repeated acts with some planning (§2F1.1(b)(2)(A)). The resulting offense level is 9.".

The Commentary following §3D1.5 captioned "Illustrations of the Operation of the Multiple-Count Rules" is amended in example 4 by deleting "§2B4.1 (Commercial Bribery)" and inserting in lieu thereof "§2B4.1 (Bribery in Procurement of Bank Loan and Other Commercial Bribery)".

Reason for Amendment: This amendment revises §3D1.2(d) to reflect amendments to the offense guidelines of Chapter Two; clarifies the commentary in Note 1 to expressly state that a conspiracy, attempt, or solicitation to commit an offense covered under subsection (d) is also covered under subsection (d); clarifies the commentary in Note 2 with respect to the meaning of the term "victim" where society at large is the victim; merges former Note 8 with Note 5 for greater clarity; conforms two illustrations of the operation of the guidelines to the guidelines, as amended; corrects an inaccurate illustration; and corrects a reference to the title of an offense guideline.

Effective Date: The effective date of this amendment is November 1, 1991.