Justia Regulation Tracker

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[Federal Register: September 27, 2006 (Volume 71, Number 187)]
[Notices]               
[Page 56577-56578]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se06-148]                         

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UNITED STATES SENTENCING COMMISSION

 
Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Notice of final action regarding amendments to Federal 
sentencing guidelines effective November 1, 2006; correction.

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SUMMARY: On May 1, 2006, the Commission submitted to Congress 
amendments to the federal sentencing guidelines and published these 
amendments in the Federal Register on May 15, 2006. See 71 FR 28063. 
The Commission has made technical and conforming amendments to 
commentary provisions related to those amendments and has made a 
correction to the amendatory language of one amendment.

DATES: The Commission has specified an effective date of November 1, 
2006, for the amendments set forth in this notice.

FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Affairs 
Officer, telephone: (202) 502-4590.

SUPPLEMENTARY INFORMATION: The United States Sentencing Commission, an 
independent commission in the judicial branch of the United States 
government, is authorized by 28 U.S.C. 994(a) to promulgate sentencing 
guidelines and policy statements for federal courts. Section 994 also 
directs the Commission to review and revise periodically promulgated 
guidelines and authorizes it to submit guideline amendments to Congress 
not later than the first day of May each year. See 28 U.S.C. 994(o), 
(p). Absent an affirmative disapproval by the Congress within 180 days 
after the Commission submits its amendments, the amendments become 
effective on the date specified by the Commission (typically November 1 
of the same calendar year). 28 U.S.C. 994(p).
    Unlike amendments made to sentencing guidelines, amendments to 
commentary may be made at any time and are not subject to congressional 
review. To the extent practicable, the Commission endeavors to include 
amendments to commentary in any submission of guideline amendments to 
Congress. Occasionally, however, the Commission determines that 
technical and conforming changes to commentary are necessary in order 
to execute correctly the amendments submitted to Congress. This notice 
sets forth technical and conforming amendments to commentary related to 
the amendments submitted to Congress on May 1, 2006, that will become 
effective date on November 1, 2006. This notice also sets forth a 
correction to amendatory language.

    Authority: USSC Rules of Practice and Procedure 4.1.

Ricardo H. Hinojosa,
Chair.

1. Amendment

    The Commentary to Sec.  2B1.1 captioned ``Application Notes'' is 
amended in Note 7(C) by striking ``Sec.  2J1.7'' and inserting ``Sec.  
3C1.3''.
    The Commentary to Sec.  2K2.1 captioned ``Application Notes'', as 
amended by Amendment 9 submitted to Congress on May 1, 2006 (71 FR 
28069.; USSG App. C (amendment 691)), is further amended in Note 3 by 
inserting ``Definition of `Prohibited Person'.--'' before ``For 
purposes''; and in Note 11, as redesignated by Amendment 9 (USSG App. C 
(amendment 691)), by striking ``Note 8'' and inserting ``Note 7''.
    The Commentary to Sec.  2K2.4 captioned ``Application Notes'' is 
amended in

[[Page 56578]]

Note 4 by striking ``(b)(5)'' each place it appears and inserting 
``(b)(6)''.
    Reason for Amendment: This amendment makes various technical and 
conforming amendments in order to execute properly amendments submitted 
to the Congress on May 1, 2006, and that will become effective on 
November 1, 2006. Specifically, the amendment conforms guideline 
references in the commentary of Sec. Sec.  2B1.1 (Theft, Property 
Destruction, and Fraud), 2K2.1 (Unlawful Receipt, Possession, or 
Transportation of Firearms or Ammunition), and 2K2.4 (Use of Firearm, 
Armor-Piercing Ammunition, or Explosive During or in Relation to 
Certain Crimes) to redesignated guideline provisions and adds a heading 
to Application Note 3 in Sec.  2K2.1.

2. Correction

    In the Federal Register published on May 15, 2006 (71 FR 28063), 
make the following correction: On page 28071, in column 3, correct the 
second amendatory instruction to read as follows:
    Section 2L1.1(c) is amended by striking ``If any person'' through 
the end of ``Subpart 1'' and inserting the following:

[FR Doc. E6-15782 Filed 9-26-06; 8:45 am]

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