National Women's Business Council; Public Meeting Notice, 28073-28074 [E6-7347]
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jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 71, No. 93 / Monday, May 15, 2006 / Notices
regarding the issue of whether preinvestigative conduct can form the basis
of an adjustment under § 3C1.1
(Obstructing or Impeding the
Administration of Justice). The First,
Second, Seventh, Tenth, and District of
Columbia Circuits have held that preinvestigation conduct can be used to
support an obstruction adjustment
under § 3C1.1. Compare United States v.
McGovern, 329 F.3d 247, 252 (1st Cir.
2003)(holding that the submission of
false run sheets to Medicare and
Medicaid representatives qualified for
the enhancement even though ‘‘the fact
that there was no pending Federal
criminal investigation at the time of the
obstruction did not disqualify a
defendant from an enhancement when
there was a ‘close connection between
the obstructive conduct and the offense
of conviction.’ ’’(quoting United States
v. Emery, 991 F.2d 907, 911(1st Cir.
1992))); United States v. Fiore, 381 F.3d
89, 94 (2nd Cir. 2004)(defendant’s
perjury in an SEC civil investigation
into defendant’s securities fraud
constituted obstruction of justice of the
criminal investigation of the same
‘‘precise conduct’’ for which defendant
was criminally convicted, even though
the perjury occurred before the criminal
investigation commenced); United
States v. Snyder, 189 F.3d 640, 649 (7th
Cir. 1999)(holding the adjustment
appropriate in case in which defendant
made pre-investigation threat to victim
and did not withdraw his threat after
the investigation began, thus obstructing
justice during the course of the
investigation); United States v. Mills,
194 F.3d 1108, 1115 (10th Cir.
1999)(holding that destruction of tape
that occurred before an investigation
began warranted application of the
enhancement because the defendant
knew an investigation would be
conducted and understood the
importance of the tape to that
investigation); and United States v.
Barry, 938 F.2d 1327, 1333–34 (D.C. Cir.
1991)(‘‘Given the commentary and the
case law interpreting § 3C1.1, we
conclude that the enhancement applies
if the defendant attempted to obstruct
justice in respect to the investigation or
prosecution of the offense of conviction,
even if the obstruction occurred before
the police or prosecutors began
investigating or prosecuting the specific
offense of conviction.’’), with United
States v. Baggett, 342 F.3d 536, 542 (6th
Cir. 2003)(holding that the obstruction
of justice enhancement could not be
justified on the basis of the threats that
the defendant made to the victim prior
to the investigation, prosecution, or
sentencing of the offense); United States
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v. Stolba, 357 F.3d 850, 852–53 (8th Cir.
2004)(holding that an obstruction
adjustment is not available when
destruction of documents occurred
before an official investigation had
commenced); United States v.
DeGeorge, 380 F.3d 1203,1222 (9th Cir.
2004)(perjury during a civil trial as part
of a scheme to defraud was not an
obstruction of justice of a criminal
investigation of the fraudulent scheme
because the criminal investigation had
not yet begun at the time the defendant
perjured himself); see also United States
v. Clayton, 172 F.3d 347, 355 (5th Cir.
1999)(holding that defendant’s threats to
witnesses warrant the enhancement
under § 3C1.1, but stating in dicta that
the guideline ‘‘specifically limits
applicable conduct to that which occurs
during an investigation * * *’’).
The amendment, which adopts the
majority view, permits application of
the guideline to obstructive conduct that
occurs prior to the start of the
investigation of the instant offense of
conviction by allowing the court to
consider such conduct if it was
purposefully calculated, and likely, to
thwart the investigation or prosecution
of the offense of conviction. The
amendment also adds, as examples of
covered conduct in Application Note 4,
(A) perjury that occurs during the
course of a civil proceeding if such
perjury pertains to the conduct that
forms the basis of the offense of
conviction; and (B) conduct involving
threats to the victim of the offense if
those threats were intended to prevent
the victim from reporting the conduct
constituting the offense of conviction.
Finally, the amendment changes
language in § 3C1.1(A) from ‘‘during the
course of’’ to ‘‘with respect to.’’
12. Amendment: Chapter Six is
amended in the heading by striking
‘‘AND’’ and inserting a comma; and by
adding at the end ‘‘, AND CRIME
VICTIMS’ RIGHTS’’.
Chapter Six, Part A is amended by
adding at the end the following:
28073
meaning given that term in 18 U.S.C.
3771(e).’’.
Reason for Amendment: This
amendment creates a new policy
statement at § 6A1.5 (Crime Victims’
Rights) in response to the Justice for All
Act of 2004, Public Law 108–405, which
sets forth at 18 U.S.C. 3771 various
rights for crime victims during the
criminal justice process, including at
subsection (a)(4) the right to be
‘‘reasonably heard at any public
proceeding * * * involving release,
plea, sentencing, or any parole
proceeding.’’ The amendment also
changes the title of Chapter Six to reflect
the addition of the policy statement.
13. Amendment: The Commentary to
§ 8C2.5 captioned ‘‘Application Notes’’
is amended in Note 12 by striking the
last sentence.
Reason for Amendment: This
amendment deletes the last sentence of
Application Note 12 to § 8C2.5
(Culpability Score), which stated that
‘‘[w]aiver of attorney-client privilege
and of work product protections is not
a prerequisite to a reduction in
culpability score . . . unless such waiver
is necessary in order to provide timely
and thorough disclosure of all pertinent
information known to the organization.’’
The Commission added this sentence to
address some concerns regarding the
relationship between waivers and
§ 8C2.5(g), and at the time stated that
‘‘[t]he Commission expects that such
waivers will be required on a limited
basis.’’ See Supplement to Appendix C
(Amendment 673, effective November 1,
2004). Subsequently, the Commission
received public comment and heard
testimony at public hearings on
November 15, 2005, and March 15,
2006, that the sentence at issue could be
misinterpreted to encourage waivers.
[FR Doc. E6–7344 Filed 5–12–06; 8:45 am]
BILLING CODE 2211–01–P
SMALL BUSINESS ADMINISTRATION
‘‘§ 6A1.5. Crime Victims’ Rights (Policy
Statement)
National Women’s Business Council;
Public Meeting Notice
In any case involving the sentencing
of a defendant for an offense against a
crime victim, the court shall ensure that
the crime victim is afforded the rights
described in 18 U.S.C. 3771 and in any
other provision of Federal law
pertaining to the treatment of crime
victims.
In accordance with the Women’s
Business Ownership Act, Public Law
106–554 as amended, the National
Women’s Business Council (NWBC)
would like to announce a forthcoming
Council meeting. The National Women’s
Business Council will join women
members of the United States Senate for
an afternoon of dialogue. The meeting
will be held on Tuesday, May 23, 2006,
starting at 3 p.m. until 4:30 p.m. The
meeting will take place at the Hart
Senate Office Building, 2nd & D Streets,
Commentary
Application Note:
1. Definition.—For purposes of this
policy statement, ‘crime victim’ has the
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Federal Register / Vol. 71, No. 93 / Monday, May 15, 2006 / Notices
NE., Room SH–902, Washington, DC
20510.
The purpose of the meeting is to
discuss the impact of current policies on
women’s entrepreneurship and
exchange ideas about goals for the
women’s business community for the
next three, five and ten years.
Anyone wishing to attend or to make
a presentation must contact Katherine
Stanley in writing or by fax, in order to
be put on the agenda. Katherine Stanley,
Operations Manager, National Women’s
Business Council, 409 3rd Street, SW.,
Washington, DC 20416, phone (202)
205–3850, fax (202) 205–6825.
Matthew Becker,
Committee Management Officer.
[FR Doc. E6–7347 Filed 5–12–06; 8:45 am]
BILLING CODE 8025–01–P
DEPARTMENT OF STATE
[Public Notice 5388]
Renewal of Charter of Advisory
Committee on International Law
SUMMARY: The Charter of the
Department of State’s Advisory
Committee on International Law (ACIL)
has been renewed for an additional two
years.
The Charter of the Advisory
Committee on International Law is
being renewed for a two-year period.
Through this Committee, the
Department of State will continue to
obtain the views and advice of a crosssection of the country’s outstanding
members of the legal profession on
significant issues of international law.
The Committee’s consideration of these
legal issues in the conduct of our foreign
affairs provides a unique contribution to
the creation and promotion of U.S.
foreign policy. The Committee
comprises all former Legal Advisers of
the Department of State and up to
twenty individuals appointed by the
current Legal Adviser.
DEPARTMENT OF STATE
[Public Notice 5408]
Culturally Significant Objects Imported
for Exhibition Determinations:
‘‘Rembrandt: Master Etchings From St.
Louis Collections’’
SUMMARY: Notice is hereby given of the
following determinations: Pursuant to
the authority vested in me by the Act of
October 19, 1965 (79 Stat. 985; 22 U.S.C.
2459), Executive Order 12047 of March
27, 1978, the Foreign Affairs Reform and
Restructuring Act of 1998 (112 Stat.
2681, et seq.; 22 U.S.C. 6501 note, et
seq.), Delegation of Authority No. 234 of
October 1, 1999, Delegation of Authority
No. 236 of October 19, 1999, as
amended, and Delegation of Authority
No. 257 of April 15, 2003 [68 FR 19875],
I hereby determine that the object to be
included in the exhibition ‘‘Rembrandt:
Master Etchings from St. Louis
Collections,’’ imported from abroad for
temporary exhibition within the United
States, is of cultural significance. The
object is imported pursuant to a loan
agreement with the foreign owner or
custodian. I also determine that the
exhibition or display of the exhibit
object at the Saint Louis Art Museum,
from on or about October 20, 2006, until
on or about January 14, 2007, and at
possible additional venues yet to be
determined, is in the national interest.
Public Notice of these Determinations is
ordered to be published in the Federal
Register.
FOR FURTHER INFORMATION CONTACT: For
further information, including a list of
the exhibit objects, contact Richard
Lahne, Attorney-Adviser, Office of the
Legal Adviser, U.S. Department of State
(telephone: 202/453–8058). The address
is U.S. Department of State, SA–44, 301
4th Street, SW., Room 700, Washington,
DC 20547–0001.
Dated: May 5, 2006.
C. Miller Crouch,
Principal Deputy Assistant Secretary for
Educational and Cultural Affairs, Department
of State.
[FR Doc. E6–7334 Filed 5–12–06; 8:45 am]
BILLING CODE 4710–05–P
Dated: May 8, 2006.
Alexander Zemek,
U.S. National Commission for UNESCO,
Department of State.
[FR Doc. 06–4537 Filed 5–12–06; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
jlentini on PROD1PC65 with NOTICES
Judith L. Osborn, Executive Director,
Office of the Assistant Legal Adviser for
United Nations Affairs, 202–647–2767
or osbornjl@state.gov.
Judith L. Osborn,
Attorney-Adviser, Office of United Nations
Affairs, Office of the Legal Adviser, Executive
Director, Advisory, Committee on
International Law, Department of State.
[FR Doc. E6–7337 Filed 5–12–06; 8:45 am]
BILLING CODE 4710–08–P
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Rhode Island Avenue, NW.). This will
be the second annual conference of the
Commission following its reestablishment in 2004; the theme of the
meeting is the 60th Anniversary of the
creation of the United Nations
Educational, Scientific, and Cultural
Organization.
On Thursday, June 1 from 9 a.m. to
12 p.m. and from 2:15 p.m. to 5:15 p.m.
and on Friday, June 2 from 9 a.m. to 12
p.m., the Commission will hold a series
of informational plenary sessions and
subject-specific committee breakout
sessions, which will be open to the
public. These sessions will focus on
UNESCO’s budget and six-year Medium
Term Strategy as well as various issues
that relate to the established
subcommittees within the Commission’s
committees of education, culture,
natural sciences and engineering, social
and human sciences, and
communications and information. On
Friday, June 2, 2006, the Commission
will meet from 1:45 p.m. until 4 p.m. to
discuss recommendations on these
issues.
Members of the public who wish to
attend any of these meetings should
contact the U.S. National Commission
for UNESCO no later than Wednesday,
May 24th for further information about
admission, as seating is limited. Written
comments should also be submitted by
Wednesday, May 24th to allow time for
distribution to the Commission
members prior to the meeting.
Additionally, those who wish to make
oral comments during the public
comment section held during the
concluding Friday session should
request to be scheduled by Wednesday,
May 24th. Each individual will be
limited to five minutes, with the total
oral comment period not exceeding
thirty-minutes. The National
Commission may be contacted via email at DCUNESCO@state.gov, or via
phone at (202) 663–0026. Its Web site
can be accessed at: https://
www.state.gov/p/io/unesco/.
DEPARTMENT OF STATE
[Public Notice 5392]
U.S. National Commission for UNESCO
Notice of Meeting
BILLING CODE 4710–19–M
The annual conference of the U.S.
National Commission for UNESCO will
take place on Thursday, June 1, 2006
and Friday, June 2, 2006, at the
Doubletree Hotel, Washington, DC (1515
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Agencies
[Federal Register Volume 71, Number 93 (Monday, May 15, 2006)]
[Notices]
[Pages 28073-28074]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7347]
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SMALL BUSINESS ADMINISTRATION
National Women's Business Council; Public Meeting Notice
In accordance with the Women's Business Ownership Act, Public Law
106-554 as amended, the National Women's Business Council (NWBC) would
like to announce a forthcoming Council meeting. The National Women's
Business Council will join women members of the United States Senate
for an afternoon of dialogue. The meeting will be held on Tuesday, May
23, 2006, starting at 3 p.m. until 4:30 p.m. The meeting will take
place at the Hart Senate Office Building, 2nd & D Streets,
[[Page 28074]]
NE., Room SH-902, Washington, DC 20510.
The purpose of the meeting is to discuss the impact of current
policies on women's entrepreneurship and exchange ideas about goals for
the women's business community for the next three, five and ten years.
Anyone wishing to attend or to make a presentation must contact
Katherine Stanley in writing or by fax, in order to be put on the
agenda. Katherine Stanley, Operations Manager, National Women's
Business Council, 409 3rd Street, SW., Washington, DC 20416, phone
(202) 205-3850, fax (202) 205-6825.
Matthew Becker,
Committee Management Officer.
[FR Doc. E6-7347 Filed 5-12-06; 8:45 am]
BILLING CODE 8025-01-P