AMENDMENT 789

Amendment: Chapter One, Part A, Subpart 2 (Continuing Evolution and Role of the Guidelines) is amended by striking “127 S. Ct. 2456” and inserting “551 U.S. 338”; by striking “2463” and inserting “347–48”; by striking “wholesale,’ id.,” and inserting “wholesale[,]’ id. at 348”; by striking “Id. at 2464” the first time it appears and inserting “Id. at 350”; by striking “127 S. Ct. at 2465” both places such term appears and inserting “551 U.S. at 351”; by striking “128 S. Ct. 586, 596” and inserting “552 U.S. 38, 49”; by striking “128 S. Ct. at 597” and inserting “552 U.S. at 51”; by striking “Id. at 2464” the second time it appears and inserting “Rita, 551 U.S. at 350”; by striking “128 S. Ct. at 594” and inserting “552 U.S. at 46”; by striking “128 S. Ct. 558” and inserting “552 U.S. 85”; and by striking “571” and inserting “103”.

The Commentary to §1B1.1 captioned “Background” is amended by striking “128 S. Ct. 2198, 2200–03” and inserting “553 U.S. 708, 709–16”.

The Commentary to §1B1.10 captioned “Background”, as amended by Amendment 780, is further amended by striking “130 S. Ct. 2683” and inserting “560 U.S. 817”.

The Commentary to §2M3.1 captioned “Application Notes” is amended in Note 1 by striking “50 U.S.C. § 435 note” and inserting “50 U.S.C. § 3161 note”.

The Commentary to §5G1.3 captioned “Application Notes”, as amended by Amendment 787, is further amended in Note 2(A) by striking “subsection (c)” and inserting “subsection (d)”.

Reason for Amendment: This amendment makes certain technical changes to the Introduction and the Commentary in the Guidelines Manual.

First, the amendment makes clerical changes to provide United States Reports citations for certain Supreme Court cases. The changes are made to—

(1) Subpart 2 of Part A of Chapter One (Introduction, Authority, and General Application Principles);

(2) the Background Commentary to §1B1.1 (Application Instructions); and

(3) the Background Commentary to §1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)).

Second, the amendment makes a clerical change to Application Note 1 to §2M3.1 (Gathering or Transmitting National Defense Information to Aid a Foreign Government) to reflect the editorial reclassification of a section in the United States Code.

Finally, the amendment makes a technical and conforming change to Application Note 2(A) to §5G1.3 (Imposition of a Sentence on a Defendant Subject to an Undischarged Term of Imprisonment) to reflect that subsection (c) was redesignated as subsection (d) by Amendment 787.

Effective Date: The effective date of this amendment is November 1, 2014.