Sentencing Guidelines for United States Courts, 56765 [05-19324]

Download as PDF Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Notices 56765 UNITED STATES SENTENCING COMMISSION Authority: USSC Rules of Practice and Procedure 4.1. submitted to Congress on April 29, 2005 (70 FR 24852–24856). Sentencing Guidelines for United States Courts Ricardo H. Hinojosa, Chair. [FR Doc. 05–19324 Filed 9–27–05; 8:45 am] United States Sentencing Commission. ACTION: Notice of final action regarding amendments to federal sentencing guidelines effective November 1, 2005. AGENCY: SUMMARY: On April 29, 2005, the Commission submitted to Congress amendments to the federal sentencing guidelines. (See 70 FR 24852, May 11, 2005). The Commission has made technical and conforming amendments to commentary provisions related to those amendments. The Commission hereby gives notice of these commentary amendments. DATES: The Commission has specified an effective date of November 1, 2005, 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 April 29, 2005, that will become effective on November 1, 2005. VerDate Aug<31>2005 16:02 Sep 27, 2005 Jkt 205001 BILLING CODE 2210–01–P 1. Amendment The Commentary to § 2J1.6 captioned ‘‘Application Notes’’ is amended in Note 3 in the second paragraph in the fourth sentence by striking ‘‘See § 3D1.1(b)’’ and inserting ‘‘See § 3D1.1(b)(1)’’. The Commentary to § 2K2.1 captioned ‘‘Statutory Provisions’’, as amended by Amendment 3 submitted to Congress on April 29, 2005, (70 FR 24855.; USSG App. C (amendment 677)), is amended by striking ‘‘(e)–(h), (j)–(n)’’ and inserting ‘‘(e)–(i), (k)–(o)’’. The Commentary to § 2P1.2 captioned ‘‘Application Notes’’ is amended in Note 2 in the fourth sentence by striking ‘‘See § 3D1.1(b)’’ and inserting ‘‘See § 3D1.1(b)(1)’’. The Commentary to § 3D1.1 captioned ‘‘Application Note’’ is amended in Note 1 in the first paragraph by striking ‘‘Subsection (b)’’ and inserting ‘‘Subsection (b)(1)’’; in the fourth sentence by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (b)(1)’’; and in the second paragraph by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (b)(1)’’. The Commentary to § 3D1.2 captioned ‘‘Application Notes’’ is amended in Note 1 by striking ‘‘See § 3D1.1(b)’’ and inserting ‘‘See § 3D1.1(b)(1)’’. The Commentary to § 5G1.2 captioned ‘‘Application Notes’’, as amended by Amendment 1 submitted to Congress on April 29, 2005 (70 FR 24852; USSG App. C (amendment 675)), is amended in Note 2 in subdivision (A) by striking ‘‘(A) specifies’’ and inserting ‘‘(i) specifies’’ and by striking ‘‘(B) requires’’ and inserting ‘‘(ii) requires’’; and in subdivision (B)(ii) by striking ‘‘(Multiple Counts)’’ and inserting ‘‘(Groups of Closely Related Counts)’’. Appendix A (Statutory Index), as amended by Amendment 3 submitted to Congress on April 29, 2005, (70 FR 24855; USSG App. C (amendment 677)), is amended by striking the following: ‘‘18 U.S.C. 924(i)(1) 2A1.1, 2A1.2 18 U.S.C. 924(i)(2) 2A1.3, 2A1.4 18 U.S.C. 924(j)–(n) 2K2.1’’. and inserting the following: ‘‘18 U.S.C. 924(i) 2K2.1 18 U.S.C. 924(j)(1) 2A1.1, 2A1.2 18 U.S.C. 924(j)(2) 2A1.3, 2A1.4 18 U.S.C. 924(k)–(o) 2K2.1’’. Reason for Amendment: This amendment makes various technical and conforming changes in order to implement more fully amendments PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 SMALL BUSINESS ADMINISTRATION Surety Bond Guarantee Program Fees AGENCY: Small Business Administration (SBA). ACTION: Notice of fee increase. SUMMARY: This notice increases the guarantee fee charged on each guaranteed bond (other than a bid bond) and payable by surety companies participating in SBA’s Surety Bond Guarantee (SBG) Program from 20% of the bond premium to 32% of the bond premium, effective April 3, 2006. SBA has determined that the fee increase is necessary to supplement reserves in the SBG Program’s revolving fund to better offset unfunded program liabilities resulting from claims filed by sureties under SBA’s guarantee. This notice also addresses comments received by SBA in response to the notice proposing the fee increase, which was published in the Federal Register on August 15, 2005. This fee increase is effective on April 3, 2006. DATES: FOR FURTHER INFORMATION CONTACT: Barbara Brannan, Special Assistant, Office of Surety Guarantees, (202) 205– 6545; Barbara.Brannan@sba.gov. SUPPLEMENTARY INFORMATION: A. Background On August 15, 2005, SBA published a notice in the Federal Register proposing to increase the guarantee fee payable by sureties participating in the SBG Program (Sureties) from the present 20% to 32% of the bond premium, effective October 1, 2005, and requested comments on the proposal (70 FR 47874). In response to SBA’s notice and request for public comments, which had a 30-day public comment period, SBA received 38 written comments. The commenters included four industry associations (three letters, one signed jointly); three surety companies (each one currently participating in the SBG Program); 18 contractors (who have or had SBA guaranteed bonding through the SBG Program), 13 surety agents, and one Certified Public Accountant. Two commenters supported the fee increase. Thirty-six of the 38 commenters opposed the fee increase. The comments are addressed below. E:\FR\FM\28SEN1.SGM 28SEN1

Agencies

[Federal Register Volume 70, Number 187 (Wednesday, September 28, 2005)]
[Notices]
[Page 56765]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19324]



[[Page 56765]]

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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, 2005.

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SUMMARY: On April 29, 2005, the Commission submitted to Congress 
amendments to the federal sentencing guidelines. (See 70 FR 24852, May 
11, 2005). The Commission has made technical and conforming amendments 
to commentary provisions related to those amendments. The Commission 
hereby gives notice of these commentary amendments.

DATES: The Commission has specified an effective date of November 1, 
2005, 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 April 29, 2005, that will 
become effective on November 1, 2005.

    Authority: USSC Rules of Practice and Procedure 4.1.

Ricardo H. Hinojosa,
Chair.

1. Amendment

    The Commentary to Sec.  2J1.6 captioned ``Application Notes'' is 
amended in Note 3 in the second paragraph in the fourth sentence by 
striking ``See Sec.  3D1.1(b)'' and inserting ``See Sec.  
3D1.1(b)(1)''.
    The Commentary to Sec.  2K2.1 captioned ``Statutory Provisions'', 
as amended by Amendment 3 submitted to Congress on April 29, 2005, (70 
FR 24855.; USSG App. C (amendment 677)), is amended by striking ``(e)-
(h), (j)-(n)'' and inserting ``(e)-(i), (k)-(o)''.
    The Commentary to Sec.  2P1.2 captioned ``Application Notes'' is 
amended in Note 2 in the fourth sentence by striking ``See Sec.  
3D1.1(b)'' and inserting ``See Sec.  3D1.1(b)(1)''.
    The Commentary to Sec.  3D1.1 captioned ``Application Note'' is 
amended in Note 1 in the first paragraph by striking ``Subsection (b)'' 
and inserting ``Subsection (b)(1)''; in the fourth sentence by striking 
``subsection (b)'' and inserting ``subsection (b)(1)''; and in the 
second paragraph by striking ``subsection (b)'' and inserting 
``subsection (b)(1)''.
    The Commentary to Sec.  3D1.2 captioned ``Application Notes'' is 
amended in Note 1 by striking ``See Sec.  3D1.1(b)'' and inserting 
``See Sec.  3D1.1(b)(1)''.
    The Commentary to Sec.  5G1.2 captioned ``Application Notes'', as 
amended by Amendment 1 submitted to Congress on April 29, 2005 (70 FR 
24852; USSG App. C (amendment 675)), is amended in Note 2 in 
subdivision (A) by striking ``(A) specifies'' and inserting ``(i) 
specifies'' and by striking ``(B) requires'' and inserting ``(ii) 
requires''; and in subdivision (B)(ii) by striking ``(Multiple 
Counts)'' and inserting ``(Groups of Closely Related Counts)''.
    Appendix A (Statutory Index), as amended by Amendment 3 submitted 
to Congress on April 29, 2005, (70 FR 24855; USSG App. C (amendment 
677)), is amended by striking the following:
    ``18 U.S.C. 924(i)(1) 2A1.1, 2A1.2
    18 U.S.C. 924(i)(2) 2A1.3, 2A1.4
    18 U.S.C. 924(j)-(n) 2K2.1''.

and inserting the following:

    ``18 U.S.C. 924(i) 2K2.1
    18 U.S.C. 924(j)(1) 2A1.1, 2A1.2
    18 U.S.C. 924(j)(2) 2A1.3, 2A1.4
    18 U.S.C. 924(k)-(o) 2K2.1''.
    Reason for Amendment: This amendment makes various technical and 
conforming changes in order to implement more fully amendments 
submitted to Congress on April 29, 2005 (70 FR 24852-24856).

[FR Doc. 05-19324 Filed 9-27-05; 8:45 am]
BILLING CODE 2210-01-P