Justia Regulation Tracker

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[Federal Register: July 31, 2007 (Volume 72, Number 146)]
[Notices]               
[Page 41794-41795]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy07-125]                         

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UNITED STATES SENTENCING COMMISSION

 
Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Request for public comment.

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SUMMARY: On May 1, 2007, the Commission submitted to the Congress 
amendments to the sentencing guidelines and official commentary, which 
become effective on November 1, 2007, unless Congress acts to the 
contrary. Such amendments and the reasons for amendment subsequently 
were published in the Federal Register. 72 FR 28558 (May 21, 2007). Two 
of the amendments, specifically Amendment 9 pertaining to offenses 
involving cocaine base (``crack'') and Amendment 12 pertaining to 
certain criminal history rules, have the effect of lowering guideline 
ranges. The Commission requests comment regarding whether either 
amendment should be included in subsection (c) of Sec.  1B1.10 
(Reduction in Term of Imprisonment as a Result of Amended Guideline 
Range (Policy Statement)) as amendments that may be

[[Page 41795]]

applied retroactively to previously sentenced defendants. The 
Commission also requests comment regarding whether, if it amends Sec.  
1B1.10(c) to include either amendment, it also should amend Sec.  
1B1.10 to provide guidance to the courts on the procedure to be used 
when applying an amendment retroactively under 18 U.S.C. 3582(c)(2).

DATES: Public comment should be received on or before October 1, 2007.

ADDRESSES: Send comments to: United States Sentencing Commission, One 
Columbus Circle, NE., Suite 2-500, South Lobby, Washington, DC 20002-
8002, Attention: Public Affairs-Retroactivity Public Comment.

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

SUPPLEMENTARY INFORMATION: Section 3582(c)(2) of title 18, United 
States Code, provides that ``in the case of a defendant who has been 
sentenced to a term of imprisonment based on a sentencing range that 
has subsequently been lowered by the Sentencing Commission pursuant to 
28 U.S.C. 994(o), upon motion of the defendant or the Director of the 
Bureau of Prisons, or on its own motion, the court may reduce the term 
of imprisonment, after considering the factors set forth in section 
3553(a) to the extent that they are applicable, if such a reduction is 
consistent with applicable policy statements issued by the Sentencing 
Commission.''
    The Commission lists in Sec.  1B1.10(c) the specific guideline 
amendments that the court may apply retroactively under 18 U.S.C. 
3582(c)(2). The background commentary to Sec.  1B1.10 lists the purpose 
of the amendment, the magnitude of the change in the guideline range 
made by the amendment, and the difficulty of applying the amendment 
retroactively to determine an amended guideline range under Sec.  
1B1.10(b) as among the factors the Commission considers in selecting 
the amendments included in Sec.  1B1.10(c). To the extent practicable, 
public comment should address each of these factors.
    The text of the amendments referenced in this notice also may be 
accessed through the Commission's Web site at http://www.ussc.gov.

    Authority: 28 U.S.C. 994(a), (o), (u); USSC Rules of Practice 
and Procedure 4.1, 4.3.

Ricardo H. Hinojosa,
Chair.
[FR Doc. 07-3734 Filed 7-30-07; 8:45 am]

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