Sentencing Guidelines for United States Courts, 56578 [E6-15783]

Download as PDF 56578 Federal Register / Vol. 71, No. 187 / Wednesday, September 27, 2006 / Notices 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 §§ 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 § 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] BILLING CODE 2211–01–P UNITED STATES SENTENCING COMMISSION Sentencing Guidelines for United States Courts United States Sentencing Commission. ACTION: Notice of final priorities. AGENCY: In August 2006, the Commission published a notice of possible policy priorities for the amendment cycle ending May 1, 2007. See 77 FR 44344 (August 4, 2006). After reviewing public comment received pursuant to the notice of proposed priorities, the Commission has identified its policy priorities for the upcoming amendment cycle and hereby gives notice of these policy priorities. FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Affairs Officer, telephone: (202) 502–4590. SUPPLEMENTARY INFORMATION: The United States Sentencing Commission is an independent agency in the judicial branch of the United States Government. The Commission promulgates sentencing guidelines and policy statements for Federal sentencing courts pursuant to 28 U.S.C. 994(a). The rwilkins on PROD1PC63 with NOTICES SUMMARY: VerDate Aug<31>2005 16:48 Sep 26, 2006 Jkt 208001 Commission also periodically reviews and revises previously promulgated guidelines pursuant to 28 U.S.C. 994(o) and submits guideline amendments to the Congress not later than the first day of May each year pursuant to 28 U.S.C. 994(p). As part of its statutory authority and responsibility to analyze sentencing issues, including operation of the federal sentencing guidelines, the Commission has identified its policy priorities for the amendment cycle ending May 1, 2007, and possibly continuing into the amendment cycle ending May 1, 2008. The Commission recognizes, however, that other factors, such as the enactment of any legislation requiring Commission action, may affect the Commission’s ability to complete work on any or all of its identified priorities by the statutory deadline of May 1, 2007. Accordingly, it may be necessary to continue work on any or all of these issues beyond the amendment cycle ending on May 1, 2007. As so prefaced, the Commission has identified the following priorities: (1) Implementation of crime legislation enacted during the 109th Congress warranting a Commission response, including (A) the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. 109–248; (B) the Stop Counterfeiting in Manufactured Goods Act, Pub. L. 109–181; (C) the USA PATRIOT Improvement and Reauthorization Act of 2005, Pub. L. 109–177; (D) the Trafficking Victims Protection Reauthorization of 2005, Pub. L. 109–164; (E) the Violence Against Women and Department of Justice Reauthorization Act of 2005, Pub. L. 109–162; (F) the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, Pub. L. 109–59; and (G) other legislation authorizing statutory penalties, creating new offenses, or pertaining to victims, that requires incorporation into the guidelines; (2) Continuation of its work with the congressional, executive, and judicial branches of the government and other interested parties on appropriate responses to United States v. Booker, including any appropriate guideline changes in light of the Commission’s 2006 report to Congress, Final Report on the Impact of United States v. Booker on Federal Sentencing, and continuation of its analysis of post-Booker data, case law, and other feedback, including reasons for departures and variances stated by sentencing courts; (3) Continuation of its policy work regarding immigration offenses, specifically, offenses sentenced under §§ 2L1.1 (Smuggling, Transporting, or PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 Harboring an Unlawful Alien) and 2L1.2 (Unlawfully Entering or Remaining in the United States) and implementation of any immigration legislation that may be enacted; (4) Continuation of its work with the congressional, executive, and judicial branches of the government and other interested parties on cocaine sentencing policy, including holding a hearing on this issue and reevaluating the Commission’s 2002 report to Congress, Cocaine and Federal Sentencing Policy; (5) Beginning of a guideline simplification effort to develop and consider possible options that might improve the overall effectiveness of the sentencing guidelines; (6) Continuation of its policy work, in light of the Commission’s prior research on criminal history, to develop and consider possible options that might improve the operation of Chapter Four (Criminal History); (7) Continuation of its policy work to implement 28 U.S.C. 994(t), specifically regarding the development of further commentary to § 1B1.13 (Reduction in Term of Imprisonment as a Result of Motion by Director of Bureau of Prisons); and (8) Resolution of a number of circuit conflicts, pursuant to the Commission’s continuing authority and responsibility, under 28 U.S.C. 991(b)(1)(B) and Braxton v. United States, 500 U.S. 344 (1991), to resolve conflicting interpretations of the guidelines by the federal courts. Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and Procedure 5.2. Ricardo H. Hinojosa, Chair. [FR Doc. E6–15783 Filed 9–26–06; 8:45 am] BILLING CODE 2211–01–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #10597 and #10598] New Mexico Disaster Number NM– 00004 U.S. Small Business Administration. ACTION: Amendment 2. AGENCY: SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of New Mexico (FEMA–1659–DR), dated 8/30/2006. Incident: Severe Storms and Flooding. Incident Period: 7/26/2006 and continuing through 9/18/2006. DATES: Effective Date: 9/18/2006. Physical Loan Application Deadline Date: 10/30/2006. E:\FR\FM\27SEN1.SGM 27SEN1

Agencies

United States Sentencing Commission

[Federal Register Volume 71, Number 187 (Wednesday, September 27, 2006)]
[Notices]
[Page 56578]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-15783]


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UNITED STATES SENTENCING COMMISSION


Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Notice of final priorities.

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SUMMARY: In August 2006, the Commission published a notice of possible 
policy priorities for the amendment cycle ending May 1, 2007. See 77 FR 
44344 (August 4, 2006). After reviewing public comment received 
pursuant to the notice of proposed priorities, the Commission has 
identified its policy priorities for the upcoming amendment cycle and 
hereby gives notice of these policy priorities.

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

SUPPLEMENTARY INFORMATION: The United States Sentencing Commission is 
an independent agency in the judicial branch of the United States 
Government. The Commission promulgates sentencing guidelines and policy 
statements for Federal sentencing courts pursuant to 28 U.S.C. 994(a). 
The Commission also periodically reviews and revises previously 
promulgated guidelines pursuant to 28 U.S.C. 994(o) and submits 
guideline amendments to the Congress not later than the first day of 
May each year pursuant to 28 U.S.C. 994(p).
    As part of its statutory authority and responsibility to analyze 
sentencing issues, including operation of the federal sentencing 
guidelines, the Commission has identified its policy priorities for the 
amendment cycle ending May 1, 2007, and possibly continuing into the 
amendment cycle ending May 1, 2008. The Commission recognizes, however, 
that other factors, such as the enactment of any legislation requiring 
Commission action, may affect the Commission's ability to complete work 
on any or all of its identified priorities by the statutory deadline of 
May 1, 2007. Accordingly, it may be necessary to continue work on any 
or all of these issues beyond the amendment cycle ending on May 1, 
2007.
    As so prefaced, the Commission has identified the following 
priorities:
    (1) Implementation of crime legislation enacted during the 109th 
Congress warranting a Commission response, including (A) the Adam Walsh 
Child Protection and Safety Act of 2006, Pub. L. 109-248; (B) the Stop 
Counterfeiting in Manufactured Goods Act, Pub. L. 109-181; (C) the USA 
PATRIOT Improvement and Reauthorization Act of 2005, Pub. L. 109-177; 
(D) the Trafficking Victims Protection Reauthorization of 2005, Pub. L. 
109-164; (E) the Violence Against Women and Department of Justice 
Reauthorization Act of 2005, Pub. L. 109-162; (F) the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users, Pub. L. 109-59; and (G) other legislation authorizing 
statutory penalties, creating new offenses, or pertaining to victims, 
that requires incorporation into the guidelines;
    (2) Continuation of its work with the congressional, executive, and 
judicial branches of the government and other interested parties on 
appropriate responses to United States v. Booker, including any 
appropriate guideline changes in light of the Commission's 2006 report 
to Congress, Final Report on the Impact of United States v. Booker on 
Federal Sentencing, and continuation of its analysis of post-Booker 
data, case law, and other feedback, including reasons for departures 
and variances stated by sentencing courts;
    (3) Continuation of its policy work regarding immigration offenses, 
specifically, offenses sentenced under Sec. Sec.  2L1.1 (Smuggling, 
Transporting, or Harboring an Unlawful Alien) and 2L1.2 (Unlawfully 
Entering or Remaining in the United States) and implementation of any 
immigration legislation that may be enacted;
    (4) Continuation of its work with the congressional, executive, and 
judicial branches of the government and other interested parties on 
cocaine sentencing policy, including holding a hearing on this issue 
and reevaluating the Commission's 2002 report to Congress, Cocaine and 
Federal Sentencing Policy;
    (5) Beginning of a guideline simplification effort to develop and 
consider possible options that might improve the overall effectiveness 
of the sentencing guidelines;
    (6) Continuation of its policy work, in light of the Commission's 
prior research on criminal history, to develop and consider possible 
options that might improve the operation of Chapter Four (Criminal 
History);
    (7) Continuation of its policy work to implement 28 U.S.C. 994(t), 
specifically regarding the development of further commentary to Sec.  
1B1.13 (Reduction in Term of Imprisonment as a Result of Motion by 
Director of Bureau of Prisons); and
    (8) Resolution of a number of circuit conflicts, pursuant to the 
Commission's continuing authority and responsibility, under 28 U.S.C. 
991(b)(1)(B) and Braxton v. United States, 500 U.S. 344 (1991), to 
resolve conflicting interpretations of the guidelines by the federal 
courts.

    Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and 
Procedure 5.2.

Ricardo H. Hinojosa,
Chair.
[FR Doc. E6-15783 Filed 9-26-06; 8:45 am]
BILLING CODE 2211-01-P

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