Sentencing Guidelines for United States Courts, 51882-51883 [E7-17796]
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Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices
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[FR Doc. E7–17783 Filed 9–10–07; 8:45 am]
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CFR 200.30–3(a)(12).
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UNITED STATES SENTENCING
COMMISSION
May 1, 2007, that will become effective
on November 1, 2007, absent
congressional action to the contrary.
Sentencing Guidelines for United
States Courts
Authority: USSC Rules of Practice and
Procedure 4.1.
United States Sentencing
Commission.
ACTION: Notice of final action regarding
technical and conforming amendments
to federal sentencing guidelines
effective November 1, 2007.
Ricardo H. Hinojosa,
Chair.
AGENCY:
SUMMARY: On May 1, 2007, the
Commission submitted to Congress
amendments to the federal sentencing
guidelines and published these
amendments in the Federal Register on
May 21, 2007. See 72 FR 28558. The
Commission has made technical and
conforming amendments, set forth in
this notice, to commentary provisions
related to those amendments.
DATES: The Commission has specified
an effective date of November 1, 2007,
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 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). See 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
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Retroactive Application of Amendment
5 Submitted to Congress on May 1, 2007
(see 72 FR 28558; USSG App. C
(Amendment 702))
1. Amendment: Section 1B1.10(c) is
amended by striking ‘‘and’’ and by
inserting ‘‘, and 702’’ before the period.
Reason for Amendment: Amendment
5 submitted to Congress on May 1, 2007
(see 72 FR 28558; USSG App. C
(Amendment 702)) corrects
typographical errors in subsection
(b)(13)(C) of § 2B1.1 (Larceny,
Embezzlement, and Other Forms of
Theft; Offenses Involving Stolen
Property; Property Damage or
Destruction; Fraud and Deceit; Forgery;
Offenses Involving Altered or
Counterfeit Instruments Other than
Counterfeit Bearer Obligations of the
United States) and subsection (b)(1) of
§ 2L1.1 (Smuggling, Transporting, or
Harboring an Unlawful Alien). As stated
in the reason for amendment
accompanying Amendment 5, this
amendment adds Amendment 5 to
§ 1B1.10 (Reduction in Term of
Imprisonment as a Result of Amended
Guideline Range) as an amendment that
the court may consider for retroactive
application.
Technical and Conforming
Amendments
2. Amendment: The Commentary to
§ 2A3.4 captioned ‘‘Statutory
Provisions’’ is amended by striking
‘‘Provisions’’ and inserting ‘‘Provision’’.
Section 2A3.5(b)(1)(A), as added by
Amendment 4 submitted to Congress on
May 1, 2007 (see FR 72 28558; USSG
App. C (Amendment 701)), is amended
by inserting a comma after ‘‘minor’’.
Chapter Two, Part D is amended in
the heading by inserting ‘‘AND
NARCO–TERRORISM’’ after ‘‘DRUGS’’.
The Commentary to § 2D1.1 captioned
‘‘Application Notes’’, as amended by
Amendment 9 submitted to Congress on
May 1, 2007 (see 72 FR 28558; USSG
App. C (Amendment 706)), is further
amended by striking subdivision (D) of
Note 10 and inserting the following:
‘‘(D) Determining Base Offense Level
in Offenses Involving Cocaine Base and
Other Controlled Substances.—
(i) In General.—If the offense involves
cocaine base (‘crack’) and one or more
other controlled substance, determine
the base offense level as follows:
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11SEN1
Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices
(I) Determine the base offense level for
the quantity of cocaine base involved in
the offense.
(II) Using the marihuana equivalency
obtained from the table in this
subdivision, convert the quantity of
cocaine base involved in the offense to
its equivalent quantity of marihuana.
Base
offense
level
38 ........
36 ........
34 ........
32 ........
30 ........
28 ........
26 ........
24 ........
22 ........
20 ........
18 ........
16 ........
14 ........
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12 ........
Marihuana equivalency
6.7 kg of marihuana per g of cocaine base.
6.7 kg of marihuana per g of cocaine base.
6 kg of marihuana per g of cocaine
base.
6.7 kg of marihuana per g of cocaine base.
14 kg of marihuana per g of cocaine base.
11.4 kg of marihuana per g of cocaine base.
5 kg of marihuana per g of cocaine
base.
16 kg of marihuana per g of cocaine base.
15 kg of marihuana per g of cocaine base.
13.3 kg of marihuana per g of cocaine base.
10 kg of marihuana per g of cocaine base.
10 kg of marihuana per g of cocaine base.
10 kg of marihuana per g of cocaine base.
10 kg of marihuana per g of cocaine base.
(III) Determine the combined
marihuana equivalency for the other
controlled substance or controlled
substances involved in the offense as
provided in subdivision (B) of this note.
(IV) Add the quantity of marihuana
determined under subdivisions (II) and
(III), and look up the total in the Drug
Quantity Table to obtain the combined
base offense level for all the controlled
substances involved in the offense.
(ii) Example.—The case involves 1.5
kg of cocaine, 10 kg of marihuana, and
20 g of cocaine base. Under the Drug
Quantity Table, 20 g of cocaine base
corresponds to a base offense level of
26. Pursuant to the table in subdivision
(II), the base offense level of 26
corresponds to a marihuana equivalency
of 5 kg per gram of cocaine base.
Therefore, the equivalent quantity of
marihuana for the cocaine base is 100 kg
(20 g × 5 kg = 100 kg). Pursuant to
subdivision (B), the equivalent quantity
of marihuana for the cocaine and
marihuana is 310 kg. (The cocaine
converts to an equivalent of 300 kg of
marihuana (1.5 kg × 200 g = 300 kg),
which, when added to the 10 kg of
marihuana, results in an equivalent
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quantity of 310 kg of marihuana.)
Adding the equivalent quantities of
marihuana of all three drug types results
in a combined quantity of 410 kg of
marihuana (100 kg + 310 kg = 410 kg),
which corresponds to a combined base
offense level of 28 in the Drug Quantity
Table.’’.
The Commentary to § 2N2.1 captioned
‘‘Application Notes’’ is amended in
Note 4 by inserting ‘‘and NarcoTerrorism’’ after ‘‘Drugs’’.
The Commentary to § 5B1.3 captioned
‘‘Application Note’’, as added by
Amendment 4 submitted to Congress on
May 1, 2007 (see 72 FR 28558; USSG
App. C (Amendment 701)), is amended
by striking ‘‘(b)’’ each place it appears
and inserting ‘‘(a)’’.
The Commentary to § 5D1.3 captioned
‘‘Application Note’’, as added by
Amendment 4 submitted to Congress on
May 1, 2007 (see 72 FR 28558; USSG
App. C (Amendment 701)), is amended
by striking ‘‘(b)’’ each place it appears
and inserting ‘‘(a)’’.
Appendix A (Statutory Index) is
amended by striking the lines
referenced to ‘‘50 U.S.C. 421’’ and ‘‘50
U.S.C. 783(b)’’ the first place they
appear.
Reason for Amendment: This
amendment makes various technical
and conforming amendments in order to
execute properly amendments
submitted to Congress on May 1, 2007,
and that will become effective on
November 1, 2007. Specifically, the
amendment corrects grammatical errors
in the commentary to § 2A3.4 (Abusive
Sexual Contact or Attempt to Commit
Abusive Sexual Contact); amends the
commentary to § 2D1.1 (Unlawful
Manufacturing, Importing, Exporting, or
Trafficking (Including Possession with
Intent to Commit These Offenses);
Attempt or Conspiracy); changes the
heading in Chapter Two, Part D and
makes the conforming change to § 2N2.1
(Violations of Statutes and Regulations
Dealing With Any Food, Drug,
Biological Product, Device, Cosmetic, or
Agricultural Product); corrects
typographical errors in §§ 5B1.3
(Conditions of Probation) and 5D1.3
(Conditions of Supervised Release); and
amends Appendix A to remove
duplicate listings.
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51883
UNITED STATES SENTENCING
COMMISSION
Sentencing Guidelines for United
States Courts
United States Sentencing
Commission.
ACTION: Notice of extension of the
deadline for application to the Victims
Advisory Group
AGENCY:
SUMMARY: The United States Sentencing
Commission is issuing this notice to
advise the public that the application
period for membership in the Victims
Advisory Group has been extended to
November 13, 2007. The deadline was
originally July 30, 2007.
This comment period is extended to
ensure full dissemination of the
information surrounding this group’s
inception to all appropriate parties and
sufficient time for those parties to apply
for membership.
SUPPLEMENTARY INFORMATION: After
considering the request of the Judicial
Conference of the United States
regarding the formation of a victims
advisory group, the United States
Sentencing Commission has decided to
establish a standing victims advisory
group pursuant to 28 U.S.C. 995 and
Rule 5.4 of the Commission’s Rules of
Practice and Procedure. The purpose of
the advisory group is (1) To assist the
Commission in carrying out its statutory
responsibilities under 28 U.S.C. 994(o);
(2) to provide the Commission its views
on the Commission’s activities as they
relate to victims of crime; (3) to
disseminate information regarding
sentencing issues to organizations
represented by the advisory group and
to other victims of crime and victims
advocacy groups, as appropriate; and (4)
to perform any other functions related to
victims of crime as the Commission
requests. The victims advisory group
will consist of not more than 9
members, each of whom may serve not
more than two consecutive 3-year terms.
The Commission issued an invitation
to apply for membership of the victims
advisory group on June 19, 2007 (72 FR
33798). Applications were initially due
to the Commission on July 30, 2007. The
Commission hereby invites additional
applications from any person or group
who has knowledge, expertise, or
experience in the area of federal crime
victimization. Requests to be considered
for the initial membership of the victims
advisory group must be received by the
Commission not later than November
13, 2007. Applications may be sent to
Michael Courlander at the address listed
below.
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]]>Agencies
[Federal Register Volume 72, Number 175 (Tuesday, September 11, 2007)]
[Notices]
[Pages 51882-51883]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17796]
=======================================================================
-----------------------------------------------------------------------
UNITED STATES SENTENCING COMMISSION
Sentencing Guidelines for United States Courts
AGENCY: United States Sentencing Commission.
ACTION: Notice of final action regarding technical and conforming
amendments to federal sentencing guidelines effective November 1, 2007.
-----------------------------------------------------------------------
SUMMARY: On May 1, 2007, the Commission submitted to Congress
amendments to the federal sentencing guidelines and published these
amendments in the Federal Register on May 21, 2007. See 72 FR 28558.
The Commission has made technical and conforming amendments, set forth
in this notice, to commentary provisions related to those amendments.
DATES: The Commission has specified an effective date of November 1,
2007, 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 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). See 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, 2007, that will become
effective on November 1, 2007, absent congressional action to the
contrary.
Authority: USSC Rules of Practice and Procedure 4.1.
Ricardo H. Hinojosa,
Chair.
Retroactive Application of Amendment 5 Submitted to Congress on May 1,
2007 (see 72 FR 28558; USSG App. C (Amendment 702))
1. Amendment: Section 1B1.10(c) is amended by striking ``and'' and
by inserting ``, and 702'' before the period.
Reason for Amendment: Amendment 5 submitted to Congress on May 1,
2007 (see 72 FR 28558; USSG App. C (Amendment 702)) corrects
typographical errors in subsection (b)(13)(C) of Sec. 2B1.1 (Larceny,
Embezzlement, and Other Forms of Theft; Offenses Involving Stolen
Property; Property Damage or Destruction; Fraud and Deceit; Forgery;
Offenses Involving Altered or Counterfeit Instruments Other than
Counterfeit Bearer Obligations of the United States) and subsection
(b)(1) of Sec. 2L1.1 (Smuggling, Transporting, or Harboring an
Unlawful Alien). As stated in the reason for amendment accompanying
Amendment 5, this amendment adds Amendment 5 to Sec. 1B1.10 (Reduction
in Term of Imprisonment as a Result of Amended Guideline Range) as an
amendment that the court may consider for retroactive application.
Technical and Conforming Amendments
2. Amendment: The Commentary to Sec. 2A3.4 captioned ``Statutory
Provisions'' is amended by striking ``Provisions'' and inserting
``Provision''.
Section 2A3.5(b)(1)(A), as added by Amendment 4 submitted to
Congress on May 1, 2007 (see FR 72 28558; USSG App. C (Amendment 701)),
is amended by inserting a comma after ``minor''.
Chapter Two, Part D is amended in the heading by inserting ``AND
NARCO-TERRORISM'' after ``DRUGS''.
The Commentary to Sec. 2D1.1 captioned ``Application Notes'', as
amended by Amendment 9 submitted to Congress on May 1, 2007 (see 72 FR
28558; USSG App. C (Amendment 706)), is further amended by striking
subdivision (D) of Note 10 and inserting the following:
``(D) Determining Base Offense Level in Offenses Involving Cocaine
Base and Other Controlled Substances.--
(i) In General.--If the offense involves cocaine base (`crack') and
one or more other controlled substance, determine the base offense
level as follows:
[[Page 51883]]
(I) Determine the base offense level for the quantity of cocaine
base involved in the offense.
(II) Using the marihuana equivalency obtained from the table in
this subdivision, convert the quantity of cocaine base involved in the
offense to its equivalent quantity of marihuana.
------------------------------------------------------------------------
Base offense level Marihuana equivalency
------------------------------------------------------------------------
38............................... 6.7 kg of marihuana per g of cocaine
base.
36............................... 6.7 kg of marihuana per g of cocaine
base.
34............................... 6 kg of marihuana per g of cocaine
base.
32............................... 6.7 kg of marihuana per g of cocaine
base.
30............................... 14 kg of marihuana per g of cocaine
base.
28............................... 11.4 kg of marihuana per g of cocaine
base.
26............................... 5 kg of marihuana per g of cocaine
base.
24............................... 16 kg of marihuana per g of cocaine
base.
22............................... 15 kg of marihuana per g of cocaine
base.
20............................... 13.3 kg of marihuana per g of cocaine
base.
18............................... 10 kg of marihuana per g of cocaine
base.
16............................... 10 kg of marihuana per g of cocaine
base.
14............................... 10 kg of marihuana per g of cocaine
base.
12............................... 10 kg of marihuana per g of cocaine
base.
------------------------------------------------------------------------
(III) Determine the combined marihuana equivalency for the other
controlled substance or controlled substances involved in the offense
as provided in subdivision (B) of this note.
(IV) Add the quantity of marihuana determined under subdivisions
(II) and (III), and look up the total in the Drug Quantity Table to
obtain the combined base offense level for all the controlled
substances involved in the offense.
(ii) Example.--The case involves 1.5 kg of cocaine, 10 kg of
marihuana, and 20 g of cocaine base. Under the Drug Quantity Table, 20
g of cocaine base corresponds to a base offense level of 26. Pursuant
to the table in subdivision (II), the base offense level of 26
corresponds to a marihuana equivalency of 5 kg per gram of cocaine
base. Therefore, the equivalent quantity of marihuana for the cocaine
base is 100 kg (20 g x 5 kg = 100 kg). Pursuant to subdivision (B), the
equivalent quantity of marihuana for the cocaine and marihuana is 310
kg. (The cocaine converts to an equivalent of 300 kg of marihuana (1.5
kg x 200 g = 300 kg), which, when added to the 10 kg of marihuana,
results in an equivalent quantity of 310 kg of marihuana.) Adding the
equivalent quantities of marihuana of all three drug types results in a
combined quantity of 410 kg of marihuana (100 kg + 310 kg = 410 kg),
which corresponds to a combined base offense level of 28 in the Drug
Quantity Table.''.
The Commentary to Sec. 2N2.1 captioned ``Application Notes'' is
amended in Note 4 by inserting ``and Narco-Terrorism'' after ``Drugs''.
The Commentary to Sec. 5B1.3 captioned ``Application Note'', as
added by Amendment 4 submitted to Congress on May 1, 2007 (see 72 FR
28558; USSG App. C (Amendment 701)), is amended by striking ``(b)''
each place it appears and inserting ``(a)''.
The Commentary to Sec. 5D1.3 captioned ``Application Note'', as
added by Amendment 4 submitted to Congress on May 1, 2007 (see 72 FR
28558; USSG App. C (Amendment 701)), is amended by striking ``(b)''
each place it appears and inserting ``(a)''.
Appendix A (Statutory Index) is amended by striking the lines
referenced to ``50 U.S.C. 421'' and ``50 U.S.C. 783(b)'' the first
place they appear.
Reason for Amendment: This amendment makes various technical and
conforming amendments in order to execute properly amendments submitted
to Congress on May 1, 2007, and that will become effective on November
1, 2007. Specifically, the amendment corrects grammatical errors in the
commentary to Sec. 2A3.4 (Abusive Sexual Contact or Attempt to Commit
Abusive Sexual Contact); amends the commentary to Sec. 2D1.1 (Unlawful
Manufacturing, Importing, Exporting, or Trafficking (Including
Possession with Intent to Commit These Offenses); Attempt or
Conspiracy); changes the heading in Chapter Two, Part D and makes the
conforming change to Sec. 2N2.1 (Violations of Statutes and
Regulations Dealing With Any Food, Drug, Biological Product, Device,
Cosmetic, or Agricultural Product); corrects typographical errors in
Sec. Sec. 5B1.3 (Conditions of Probation) and 5D1.3 (Conditions of
Supervised Release); and amends Appendix A to remove duplicate
listings.
[FR Doc. E7-17796 Filed 9-10-07; 8:45 am]
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