[Federal Register Volume 62, Number 192 (Friday, October 3, 1997)]
[Notices]
[Pages 51920-51923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26312]


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UNITED STATES SENTENCING COMMISSION


Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Notice of: (a) Final action regarding amendments to sentencing 
guidelines and policy statements effective November 1, 1997; and (b) an 
amendment to correct a clerical error in USSG Sec. 2K2.1(a)(3), as 
amended by amendment 522 (November 1, 1995).

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SUMMARY: The Sentencing Commission hereby gives notice of: (a) Several 
amendments to policy statements and commentary made pursuant to its 
authority under 28 U.S.C. 994(a); (b)

[[Page 51921]]

conforming and technical amendments to several amendments submitted to 
Congress on May 1, 1997; and (c) an amendment to correct a clerical 
error that omitted the word ``felony'' from the phrase ``prior felony'' 
in USSG Sec. 2K2.1(a)(3), as amended by amendment 522 (November 1, 
1995).

DATES: The effective date of these amendments is November 1, 1997.

FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Information 
Specialist, Telephone: (202) 273-4590.

    Authority: 28 U.S.C. 994 (a), (o), (x).
Richard P. Conaboy,
Chairman.

    1. Amendment: The Commentary to new guideline Sec. 2A6.2 (see 62 
F.R. 26615 (1997)) captioned ``Application Notes'' is amended in Note 1 
by inserting at the beginning the following:

    For purposes of this guideline--
    `Bodily injury' and `dangerous weapon' are defined in the 
Commentary to Sec. 1B1.1 (Application Instructions).

    Reason for Amendment: This amendment incorporates into Sec. 2A6.2 
the definitions of ``bodily injury'' and ``dangerous weapon'' found in 
Sec. 1B1.1 (Application Instructions). The definition of bodily injury 
found in the guidelines differs from the definition of bodily injury in 
18 U.S.C. 2266 that is applicable to interstate stalking and interstate 
domestic violence offenses. The definition of ``bodily injury'' in 18 
U.S.C. 2266 explicitly include sexual abuse, but the guideline 
definition of ``bodily injury'' does not. However, the Commission is 
fully aware that criminal sexual abuse often is part of a domestic 
violence offense under 18 U.S.C. 2261 and 2262 and may be part of a 
stalking offense under 18 U.S.C. 2261A. It is the view of the 
Commission that the new guideline provides an adequate mechanism for 
taking into account the occurrence of criminal sexual abuse in any of 
these offenses. This is because the guideline definition of ``serious 
bodily injury'' in Sec. 1B1.1 deems serious bodily injury--a more 
serious gradient of bodily injury--to have occurred if the offense 
involved conduct constituting criminal sexual abuse under 18 U.S.C. 
2241 or 2242 or any similar offense under state law. Under the new 
guideline, any offense that involved criminal sexual abuse almost 
certainly will be subject to the cross reference to another offense 
guideline and to the rule deeming such conduct to be serious bodily 
injury (for purposes of applying a serious bodily injury enhancement in 
that other guideline to the offense). Therefore, in all likelihood, the 
sentence will be enhanced for the occurrence of criminal sexual abuse 
because the case will be cross referenced to another guideline that 
enhances for serious bodily injury.
    2. Amendment: The Commentary to Sec. 2B4.1 captioned ``Statutory 
Provisions'' is amended by deleting ``Secs. 11907(a), (b)'' and 
inserting in lieu thereof ``Sec. 11902''.
    The Commentary to Sec. 2N3.1 captioned ``Statutory Provisions'' is 
amended by deleting ``15 U.S.C. Secs. 1983-1988, 1990c'' and inserting 
in lieu thereof ``49 U.S.C. Secs. 32703-32705, 32709(b).''.
    The Commentary to Sec. 2Q1.2 captioned ``Statutory Provisions'' is 
amended by deleting ``Sec. 1809(b)'' and inserting in lieu thereof 
``Sec. 60123(d)''.
    Reason for Amendment: This amendment makes technical corrections to 
Sec. 2B4.1 (Bribery in Procurement of Bank Loan and Other Commercial 
Bribery), Sec. 2N3.1(Odometer Laws and Regulations), Sec. 2Q1.2 
(Mishandling of Hazardous or Toxic Substances or Pesticides; 
Recordkeeping, Tampering, and Falsification; Unlawfully Transporting 
Hazardous Materials in Commerce), to reflect changes made to statutory 
references when Congress codified Title 49 (Transportation), United 
States Code. Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1356; 
Pub. L. 104-88, Title I, Sec. 102(a), December 29, 1995, 109 Stat. 850.
    3. Amendment: The Commentary to Sec. 2D1.11 captioned ``Application 
Notes'' is amended in Note 4(a) in the fourth sentence by deleting 
``14'' and inserting in lieu thereof ``16''.
    Reason for Amendment: This amendment corrects a clerical error.
    4. Amendment: The Commentary to Sec. 2K1.5 captioned ``Background'' 
is amended by deleting:

    Except under the circumstances specified in 49 U.S.C. 46505(c), 
the offense covered by this section is a misdemeanor for which the 
maximum term of imprisonment authorized by statute is one year;

by deleting ``An'' and inserting in lieu thereof ``This guideline 
provides an''; and by deleting ``is provided'' immediately after 
``enhancement''.
    Reason for Amendment: This amendment strikes background commentary 
in guideline Sec. 2K1.5 that is no longer correct because of a recent 
change in statutory penalties. Specifically, the Antiterrorism Act of 
1996 increased the statutory maximum penalty for violations of 49 
U.S.C. 46505(b) from not more than one year to not more than 10 years. 
This increase changes the classification of an offense under subsection 
(b) from a class A misdemeanor to a class D felony.
    5. Amendment: The Commentary to Sec. 4B1.1 captioned ``Application 
Notes'' is amended in Note 2 by deleting ``not'' after ``offense,'' in 
the first sentence; by deleting ``(b)(1)(B), (b)(1)(C), and (b)(1)(D)'' 
and inserting in lieu thereof ``(B), (C), and (D)''; by deleting 
``where'' and inserting in lieu thereof ``in a case in which''; by 
inserting ``for that defendant'' after ``Maximum'''; by deleting 
``twenty years and not thirty years'' and inserting in lieu thereof 
``thirty years and not twenty years''; by deleting ``authorizes'' and 
inserting in lieu thereof ``has''; and by deleting ``maximum term of 
imprisonment'' and inserting in lieu thereof ``offense statutory 
maximum''.
    The Commentary to Sec. 4B1.1 captioned ``Background'' is amended by 
deleting:

    The legislative history of this provision suggests that the 
phrase `maximum term authorized' should be construed as the maximum 
term authorized by statute. See S. Rep. No. 225, 98th Cong., 1st 
Sess. 175 (1983); 128 Cong. Rec. 26, 511-12 (1982) (text of `Career 
Criminals' amendment by Senator Kennedy); id. at 26,515 (brief 
summary of amendment); id. at 26,517-18 (statement of Senator 
Kennedy).
    Reason for Amendment: This amendment responds to United States v. 
LaBonte, 117 S.Ct. 1673. In LaBonte, the Supreme Court held that the 
way in which the Commission defined ``maximum term authorized'', for 
purposes of fulfilling the requirement under 28 U.S.C. 994(h) to 
specify sentences for certain categories of career offenders at or near 
the maximum term authorized for those offenders, is inconsistent with 
section 994(h)'s plain and unambiguous language and is therefore 
invalid. The Commission defined ``maximum term authorized'' to mean the 
maximum term authorized for the offense of conviction not including any 
sentencing enhancement provisions that apply because of the defendant's 
prior criminal record. The Supreme Court held that under section 994's 
plain and unambiguous language, ``maximum term authorized'' must be 
read to include all applicable statutory sentencing enhancements. The 
proposed amendment makes a straightforward change to the commentary to 
Sec. 4B1.1, the career offender guideline, to reflect the LaBonte 
decision. Specifically, the definition of ``maximum term authorized'' 
is proposed to be changed to reflect that the ``maximum term 
authorized'' includes all sentencing enhancements that apply because of 
the defendant's prior criminal record.
    6. Amendment: The Commentary to Sec. 2K1.3 captioned ``Application 
Notes'' is amended in Note 2 by deleting ``Note 3'' and inserting in 
lieu thereof ``Note 1''.

[[Page 51922]]

    The Commentary to Sec. 2K2.1 captioned ``Application Notes'' is 
amended in Note 5 by deleting ``Note 3'' and inserting in lieu thereof 
``Note 1''.
    The Commentary to Sec. 7B1.1 captioned ``Application Notes'' is 
amended in Note 2 by deleting ``Sec. 4B1.2(1)'' and inserting in lieu 
thereof ``Sec. 4B1.2(a)''; and by deleting ``Notes 1 and 2'' and 
inserting in lieu thereof ``Note 1''.
    The Commentary to Sec. 7B1.1 captioned ``Application Notes'' is 
amended in Note 3 by deleting ``Sec. 4B1.2(2)'' and inserting in lieu 
thereof ``Sec. 4B1.2(b)''.
    Reason for Amendment: This amendment conforms Secs. 2K1.3, 2K2.1 
and 7B1.1 to Sec. 4B1.2, as amended November 1, 1997 (see 62 FR 26615 
(1997)).
    7. Amendment: The replacement guideline for Sec. 5B1.3 (see 62 FR 
26615 (1997)) is amended in subsection (a)(2) by inserting the 
following additional paragraph:

    Note: Section 3563(a)(2) of Title 18, United States Code, 
provides that, absent unusual circumstances, a defendant convicted 
of a felony shall abide by at least one of the conditions set forth 
in 18 U.S.C. 3563(b)(2), (b)(3), and (b)(13). Before the enactment 
of the Antiterrorism and Effective Death Penalty Act of 1996, those 
conditions were a fine ((b)(2)), an order of restitution ((b)(3)), 
and community service ((b)(13)). Whether or not the change was 
intended, the Act deleted the fine condition and renumbered the 
restitution and community service conditions in 18 U.S.C. 3563(b), 
but failed to make a corresponding change in the referenced 
paragraphs under 18 U.S.C. 3563(a)(2). Accordingly, the conditions 
now referenced are restitution ((b)(2)), notice to victims pursuant 
to 18 U.S.C. 3555((b)(3)), and an order that the defendant reside, 
or refrain from residing, in a specified place or area ((b)(13)).

    The Commentary to Sec. 2X5.1 captioned ``Application Note'' is 
amended in Note 1 by deleting: ``Sec. 5B1.4 (Recommended Conditions of 
Probation and Supervised Release);''.
    Section 5H1.3 is amended by deleting ``recommended condition (24) 
at Sec. 5B1.4 (Recommended Conditions of Probation and Supervised 
Release)'' and inserting in lieu thereof ``Secs. 5B1.3(d)(5) and 
5D1.3(d)(5)''.
    Section 5H1.4 is amended in the second paragraph by deleting 
``recommended condition (23) at Sec. 5B1.4 (Recommended Conditions of 
Probation and Supervised Release)'' and inserting in lieu thereof 
``Sec. 5D1.3(d)(4)''; and in the third paragraph by deleting 
``recommended condition (23) at Sec. 5B1.4 (Recommended Conditions of 
Probation and Supervised Release)'' and inserting in lieu thereof 
``Sec. 5B1.3(d)(4)''.
    Section 8D1.3(a) is amended by deleting ``shall'' immediately after 
``organization''.
    Section 8D1.3(b) is amended by deleting ``a fine, restitution, or 
community service,'' and inserting in lieu thereof ``(1) restitution, 
(2) notice to victims of the offense pursuant to 18 U.S.C. 3555, or (3) 
an order requiring the organization to reside, or refrain from 
residing, in a specified place or area,'';
and by adding at the end:

    Note: Section 3563(a)(2) of Title 18, United States Code, 
provides that, absent unusual circumstances, a defendant convicted 
of a felony shall abide by at least one of the conditions set forth 
in 18 U.S.C. 3563 (b)(2), (b)(3), and (b)(13). Before the enactment 
of the Antiterrorism and Effective Death Penalty Act of 1996, those 
conditions were a fine ((b)(2)), an order of restitution ((b)(3)), 
and community service ((b)(13)). Whether or not the change was 
intended, the Act deleted the fine condition and renumbered the 
restitution and community service conditions in 18 U.S.C. 3563(b), 
but failed to make a corresponding change in the referenced 
paragraphs under 18 U.S.C. 3563(a)(2). Accordingly, the conditions 
now referenced are restitution ((b)(2)), notice to victims pursuant 
to 18 U.S.C. 3555((b)(3)), and an order that the defendant reside, 
or refrain from residing, in a specified place or area ((b)(13)).

    Reason for Amendment: This amendment conforms Secs. 2X5.1, 5H1.3, 
and 5H1.4 to the replacement guideline for Sec. 5B1.3 and the deletion 
of Sec. 5B1.4 (see 62 FR 26615 (1997)). The amendment also adds a note 
to Secs. 5B1.3 and 8D1.3 explaining an ambiguity created by the 
enactment of the Antiterrorism and Effective Death Penalty Act of 1996, 
Pub.L. 104-132, 110 Stat. 1227.
    8. Amendment: Section 5K2.0 is amended in the third paragraph by 
deleting ``immigration violations'' and inserting in lieu thereof 
``other guidelines''; and by deleting ``for an immigration violation'' 
and inserting in lieu thereof ``under one of these other guidelines''.
    Reason for Amendment: This amendment conforms Sec. 5K2.0 to 
Sec. 2L1.1 (see 62 FR 26615 (1997)).
    9. Amendment: The Commentary to Sec. 6A1.3 is amended in the first 
paragraph by deleting ``will no longer exist'' and inserting in lieu 
thereof ``no longer exists''; by deleting ``will usually have'' and 
inserting in lieu thereof ``usually has'';

and by deleting:

    Although lengthy sentencing hearings should seldom be necessary, 
disputes about sentencing factors must be resolved with care. When a 
reasonable dispute exists about any factor important to the 
sentencing determination, the court must ensure that the parties 
have an adequate opportunity to present relevant information. 
Written statements of counsel or affidavits of witnesses may be 
adequate under many circumstances. An evidentiary hearing may 
sometimes be the only reliable way to resolve disputed issues. See 
United States v. Fatico, 603 F.2d 1053, 1057 n.9 (2d Cir. 1979) 
cert. denied, 444 U.S. 1073 (1980). The sentencing court must 
determine the appropriate procedure in light of the nature of the 
dispute, its relevance to the sentencing determination, and 
applicable case law.

and inserting in lieu thereof:

    Although lengthy sentencing hearings seldom should be necessary, 
disputes about sentencing factors must be resolved with care. When a 
dispute exists about any factor important to the sentencing 
determination, the court must ensure that the parties have an 
adequate opportunity to present relevant information. Written 
statements of counsel or affidavits of witnesses may be adequate 
under many circumstances. See, e.g., United States v. Ibanez, 924 
F.2d 427 (2d Cir. 1991). An evidentiary hearing may sometimes be the 
only reliable way to resolve disputed issues. See, e.g., United 
States v. Jimenez Martinez, 83 F.3d 488, 494-95 (1st Cir. 1996) 
(finding error in district court's denial of defendant's motion for 
evidentiary hearing given questionable reliability of affidavit on 
which the district court relied at sentencing); United States v. 
Roberts, 14 F.3d 502, 521(10th Cir. 1993) (remanding because 
district court did not hold evidentiary hearing to address 
defendants' objections to drug quantity determination or make 
requisite findings of fact regarding drug quantity); see also, 
United States v. Fatico, 603 F.2d 1053, 1057 n.9 (2d Cir. 1979), 
cert. denied, 444 U.S. 1073 (1980). The sentencing court must 
determine the appropriate procedure in light of the nature of the 
dispute, its relevance to the sentencing determination, and 
applicable case law.

    The Commentary to Sec. 6A1.3 is amended by deleting:

    In determining the relevant facts, sentencing judges are not 
restricted to information that would be admissible at trial. 18 
U.S.C. 3661. Any information may be considered, so long as it has 
``sufficient indicia of reliability to support its probable 
accuracy.'' United States v. Marshall, 519 F. Supp. 751 (E.D. Wis. 
1981), aff'd, 719 F.2d 887 (7th Cir. 1983); United States v. Fatico, 
579 F.2d 707 (2d Cir. 1978) cert. denied, 444 U.S. 1073 (1980). 
Reliable hearsay evidence may be considered. Out-of-court 
declarations by an unidentified informant may be considered ``where 
there is good cause for the nondisclosure of his identity and there 
is sufficient corroboration by other means.'' United States v. 
Fatico, 579 F.2d at 713. Unreliable allegations shall not be 
considered. United States v. Weston, 448 F.2d 626 (9th Cir. 1971) 
cert. denied, 404 U.S. 1061 (1972).

and inserting in lieu thereof:

    In determining the relevant facts, sentencing judges are not 
restricted to information that would be admissible at trial. See 18 
U.S.C. 3661; see also United States v. Watts, 117 U.S. 633, 635 
(1997) (holding that

[[Page 51923]]

lower evidentiary standard at sentencing permits sentencing court's 
consideration of acquitted conduct); Witte v. United States, 515 
U.S. 389, 399-401 (1995) (noting that sentencing courts have 
traditionally considered wide range of information without the 
procedural protections of a criminal trial, including information 
concerning criminal conduct that may be the subject of a subsequent 
prosecution); Nichols v. United States, 511 U.S. 738, 747-48 (1994) 
(noting that district courts have traditionally considered 
defendant's prior criminal conduct even when the conduct did not 
result in a conviction). Any information may be considered, so long 
as it has sufficient indicia of reliability to support its probable 
accuracy. Watts, 117 U.S. at 637; Nichols, 511 U.S. at 748; United 
States v. Zuleta-Alvarez, 922 F.2d 33 (1st Cir. 1990), cert. denied, 
500 U.S. 927 (1991); United States v. Beaulieu, 893 F.2d 1177 (10th 
Cir.), cert. denied, 497 U.S. 1038 (1990). Reliable hearsay evidence 
may be considered. United States v. Petty, 982 F.2d 1365 (9th Cir. 
1993), cert. denied, 510 U.S. 1040 (1994); United States v. 
Sciarrino, 884 F.2d 95 (3d Cir.), cert. denied, 493 U.S. 997 (1989). 
Out-of-court declarations by an unidentified informant may be 
considered where there is good cause for the non-disclosure of the 
informant's identity and there is sufficient corroboration by other 
means. United States v. Rogers, 1 F.3d 341 (5th Cir. 1993); see also 
United States v. Young, 981 F.2d 180 (5th Cir.), cert. denied, 508 
U.S. 980 (1993); United States v. Fatico, 579 F.2d 707, 713 (2d Cir. 
1978), cert. denied, 444 U.S. 1073 (1980). Unreliable allegations 
shall not be considered. United States v. Ortiz, 993 F.2d 204 (10th 
Cir. 1993).

    Reason for Amendment: This amendment updates the case law 
references in the commentary to Sec. 6A1.3 to include references to 
sentencing guideline cases.
    10. Amendment: Appendix A (Statutory Index) is amended by 
inserting, in the appropriate place by title and section:

18 U.S.C. 514  2F1.1'';
18 U.S.C. 611  2H2.1'';
18 U.S.C. 669  2B1.1'';
18 U.S.C. 758  2A2.4'';
18 U.S.C. 1030(a)(7)  2B3.2'';
18 U.S.C. 1035  2F1.1'';
18 U.S.C. 1347  2F1.1'';
18 U.S.C. 1518  2J1.2'';
18 U.S.C. 1831  2B1.1'';
18 U.S.C. 1832  2B1.1'';
18 U.S.C. 2261A  2A6.2'';
21 U.S.C. 841(b)(7)  2D1.1'';
21 U.S.C. 960(d)(7)  2D1.11'';
47 U.S.C. 223(a)(1)(C)  2A6.1'';
47 U.S.C. 223(a)(1)(D)  2A6.1'';
47 U.S.C. 223(a)(1)(E)  2A6.1'';
49 U.S.C. 5124  2Q1.2'';
49 U.S.C. 32703  2N3.1'';
49 U.S.C. 32704  2N3.1'';
49 U.S.C. 32705  2N3.1'';
49 U.S.C. 32709(b)  2N3.1'';
49 U.S.C. 60123(d)  2B1.3'';
49 U.S.C. 80116  2F1.1'';
49 U.S.C. 80501  2B1.3'';

in the line referenced to ``15 U.S.C. 1281'' by inserting ``(for 
offenses committed prior to July 5, 1994)'' immediately after 
``2B1.3'';
in the line referenced to ``15 U.S.C. 1983'' by inserting ``(for 
offenses committed prior to July 5, 1994)'' immediately after 
``2N3.1'';
in the line referenced to ``15 U.S.C. 1984'' by inserting ``(for 
offenses committed prior to July 5, 1994)'' immediately after 
``2N3.1'';
in the line referenced to ``15 U.S.C. 1985'' by inserting ``(for 
offenses committed prior to July 5, 1994)'' immediately after 
``2N3.1'';
in the line referenced to ``15 U.S.C. 1986'' by inserting ``(for 
offenses committed prior to July 5, 1994)'' immediately after 
``2N3.1'';
in the line referenced to ``15 U.S.C. 1987'' by inserting ``(for 
offenses committed prior to July 5, 1994)'' immediately after 
``2N3.1'';
in the line referenced to ``15 U.S.C. 1988'' by inserting ``(for 
offenses committed prior to July 5, 1994)'' immediately after 
``2N3.1'';
in the line referenced to ``15 U.S.C. 1990c'' by inserting ``(for 
offenses committed prior to July 5, 1994)'' immediately after 
``2N3.1'';
by deleting ``18 U.S.C. 1008  2F1.1, 2S1.3'';
in the line referenced to ``18 U.S.C. 1030(a)(2)'' by deleting 
``2F1.1'' and inserting in lieu thereof ``2B1.1'';
in the line referenced to ``18 U.S.C. 1030(a)(3)'' by deleting 
``2F1.1'' and inserting in lieu thereof ``2B2.3'';
in the line referenced to ``18 U.S.C. 1030(a)(5)'' by deleting 
``2F1.1'' and inserting in lieu thereof ``2B1.3'';
by deleting:
``18 U.S.C. 2258(a), (b)   2G2.1, 2G2.2'', and inserting in lieu 
thereof:

``18 U.S.C. 2260  2G2.1, 2G2.2'';
 in the line referenced to ``18 U.S.C. 2261'' by deleting ``2A1.1, 
2A1.2, 2A2.1, 2A2.2, 2A2.3, 2A3.1, 2A3.4, 2A4.1, 2B3.1, 2B3.2, 2K1.4'' 
and inserting in lieu thereof ``2A6.2'';
in the line referenced to ``18 U.S.C. 2262'' by deleting ``2A1.1, 
2A1.2, 2A2.1, 2A2.2, 2A2.3, 2A3.1, 2A3.4, 2A4.1, 2B3.1, 2B3.2, 2K1.4'' 
and inserting in lieu thereof ``2A6.2'';
in the line referenced to ``21 U.S.C. 959'' by inserting ``, 2D1.11'' 
immediately after ``2D1.1''.
in the line referenced to ``49 U.S.C. 121'' by inserting ``(for 
offenses committed prior to July 5, 1994)'' immediately after 
``2F1.1'';
in the line referenced to ``49 U.S.C. 1809(b)'' by inserting ``(for 
offenses committed prior to July 5, 1994)'' immediately after 
``2Q1.2'';
in the line referenced to ``49 U.S.C. App. Sec. 1687(g)'' by inserting 
``(for offenses committed prior to July 5, 1994)'' immediately after 
``2B1.3''; and
by deleting ``49 U.S.C. 14904  2B4.1''.

    The Commentary to Sec. 2G2.1 captioned ``Statutory Provisions'' is 
amended by deleting ``2258(a), (b)'' and inserting in lieu thereof 
``2260''.
    The Commentary to Sec. 2G2.2 captioned ``Statutory Provisions'' is 
amended by deleting ``2258(a), (b)'' and inserting in lieu thereof 
``2260''.
    Section 2K2.1(a)(3) is amended by inserting ``felony'' before 
``prior''.
    Reason for Amendment: This amendment makes Appendix A (Statutory 
Index) more comprehensive. This amendment adds references for 
additional offenses, including offenses created by recently enacted 
legislation. In addition, this amendment revises Appendix A to conform 
to the revision of existing statutes and to reflect the codification of 
Title 49, United States Code. This amendment also corrects clerical 
errors in Secs. 2G2.1 and 2G2.2.
    Finally, this amendment corrects a clerical error in 
Sec. 2K2.1(a)(3), as amended by amendment 522, effective November 1, 
1995. During the execution of that amendment, which equalized offense 
levels for semiautomatic assault weapon possession with machinegun 
possession, the word ``felony'' was inadvertently omitted from the 
phrase ``prior conviction'' in subsection (a)(3).

[FR Doc. 97-26312 Filed 10-2-97; 8:45 am]
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