Sentencing Guidelines for United States Courts, 29737-29739 [E9-14685]

Download as PDF Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Notices permits, and approvals for the following highway project: SR 520 Variable Tolling Project. The purpose of the project is to reduce congestion on SR 520 between I–5 and I–405 by implementing tolling, meeting the requirements of the Lake Washington Urban Partnership Agreement with Issued on: June 17, 2009. USDOT, and raising revenue for future John Donaldson, transportation improvements on SR 520. Assistant Chief Counsel, Legislation and The project is located on the eastern General Law. shore of Lake Washington in Medina, [FR Doc. E9–14681 Filed 6–22–09; 8:45 am] King County. BILLING CODE P The actions by FHWA on this project, and the laws under which such actions DEPARTMENT OF TRANSPORTATION were taken, are described in the March 2009 Environmental Assessment (EA), June 2009 Finding of No Significant Federal Highway Administration Impact (FONSI), and in other Notice of Final Federal Agency Actions documents in the FHWA administrative on Proposed Highway in Washington record for the project. The EA, FONSI, and other documents in the FHWA AGENCY: Federal Highway administrative record are available by Administration (FHWA), DOT. contacting FHWA or the Washington ACTION: Notice of limitation on claims State Department of Transportation at for judicial review of actions by FHWA. the addresses provided above. The EA and FONSI can be viewed and SUMMARY: This notice announces actions taken by FHWA that are final within the downloaded from the project Web site at http://www.wsdot.wa.gov/Projects/ meaning of 23 U.S.C. 139(l)(1). The LkWaMgt/. Copies are also available for actions relate to a proposed highway review through the Seattle Public project, the SR 520 Variable Tolling Library and King County Library Project, in the State of Washington. System. Those actions grant licenses, permits, This notice applies to all Federal and approvals for the project. agency decisions on the project as of the DATES: By this notice, FHWA is advising issuance date of this notice and all laws the public of final agency actions under which such actions were taken, subject to 23 U.S.C. 139(l)(1). A claim including but not limited to: seeking judicial review of the Federal 1. General: National Environmental agency actions on the highway project Policy Act [42 U.S.C. 4321–4351]; will be barred unless the claim is filed Federal-Aid Highway Act [23 U.S.C. on or before December 21, 2009. If the 109]. Federal law that authorizes judicial 2. Air: Clean Air Act, as amended [42 review of a claim provides a time period U.S.C. 7401–7671(q)]. of less than 180 days for filing such 3. Land: Section 4(f) of the claim, then that shorter time period still Department of Transportation Act of applies. 1966 [49 U.S.C. 303]; Landscaping and FOR FURTHER INFORMATION CONTACT: Pete Scenic Enhancement (Wildflowers) [23 Jilek, Urban Area Engineer, Federal U.S.C. 319]. Highway Administration, 711 S. Capitol 4. Wildlife: Endangered Species Act Way, Suite 501, Olympia, WA 98501; [16 U.S.C. 1531–1544]; Anadromous telephone: (360) 753–9550; and e-mail: Fish Conservation Act [16 U.S.C. 757(a)pete.jilek@dot.gov. The FHWA 757(g)]; Fish and Wildlife Coordination Washington Division’s Urban Area Act [16 U.S.C. 661–667(d)]; MagnusonEngineer’s regular office hours are Stevenson Fishery Conservation and between 6 a.m. and 3:30 p.m. (Pacific Management Act of 1976, as amended Time). You may also contact Paul [16 U.S.C. 1801 et seq.]. Krueger, Project Environmental 5. Historic and Cultural Resources: Manager, WSDOT Urban Corridors Section 106 of the National Historic Office, 401 2nd Avenue South, Suite Preservation Act of 1966, as amended 300, Seattle, WA 98104; telephone: 206– [16 U.S.C. 470(f) et seq.]; Archaeological 716–1135; and e-mail: Resources Protection Act of 1977 [16 kruegep@wsdot.wa.gov. The WSDOT U.S.C. 470(aa)–11]; Archaeological and Urban Corridors Office regular office Historic Preservation Act [16 U.S.C. hours are between 8 a.m. and 5 p.m. 469–469(c)]; Native American Grave (Pacific Time). Protection and Repatriation Act [25 SUPPLEMENTARY INFORMATION: Notice is U.S.C. 3001–3013]. 6. Social and Economic: Civil Rights hereby given that FHWA has taken final Act of 1964 [42 U.S.C. 2000(d)– agency actions by issuing licenses, the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. VerDate Nov<24>2008 18:02 Jun 22, 2009 Jkt 217001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 29737 2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 1996]; Farmland Protection Policy Act [7 U.S.C. 4201– 4209]; the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended [42 U.S.C. 61]. 7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251–1377 (section 404, section 401, section 319); Coastal Zone Management Act [16 U.S.C. 1451–1465]; Land and Water Conservation Fund [16 U.S.C. 4601– 4604]; Safe Drinking Water Act [42 U.S.C. 300(f)–300(j)(6)]; Rivers and Harbors Act of 1899 [33 U.S.C. 401– 406]; TEA–21 Wetlands Mitigation [23 U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood Disaster Protection Act [42 U.S.C. 4001– 4128]. 8. Hazardous Materials: Comprehensive Environmental Response, Compensation, and Liability Act [42 U.S.C. 9601–9675]; Superfund Amendments and Reauthorization Act of 1986 [Pub. L. 99–499]; Resource Conservation and Recovery Act [42 U.S.C. 6901–6992(k)]. 9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1). Issued on June 17, 2009. Peter A. Jilek, P.E., Urban Area Engineer, Olympia, Washington. [FR Doc. E9–14674 Filed 6–22–09; 8:45 am] BILLING CODE 4910–RY–P UNITED STATES SENTENCING COMMISSION Sentencing Guidelines for United States Courts AGENCY: United States Sentencing Commission. ACTION: Notice of proposed priorities. Request for public comment. E:\FR\FM\23JNN1.SGM 23JNN1 29738 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Notices SUMMARY: As part of its statutory authority and responsibility to analyze sentencing issues, including operation of the Federal sentencing guidelines, and in accordance with Rule 5.2 of its Rules of Practice and Procedure, the United States Sentencing Commission is seeking comment on possible priority policy issues for the amendment cycle ending May 1, 2010. DATES: Public comment should be received on or before August 24, 2009. ADDRESSES: Send comments to: United States Sentencing Commission, One Columbus Circle, NE., Suite 2–500, South Lobby, Washington, DC 20002– 8002, Attention: Public Affairs— Priorities Comment. 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). The Commission provides this notice to identify tentative priorities for the amendment cycle ending May 1, 2010. 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, 2010. Accordingly, it may be necessary to continue work on any or all of these issues beyond the amendment cycle ending on May 1, 2010. As so prefaced, the Commission has identified the following tentative priorities: (1) Continuation of its efforts, in light of recent Supreme Court jurisprudence and pursuant to the Commission’s ongoing authority and responsibility under 28 U.S.C. 995(a)(21), to solicit information regarding Federal sentencing practices, including through ongoing regional public hearings. The Commission has held regional public hearings in Atlanta, GA (February 10– 11, 2009) and Palo Alto, CA (May 27– 28, 2009) and intends to hold additional regional public hearings in New York, NY (July 9–10, 2009), Chicago, IL (September 9–10, 2009), Denver, CO VerDate Nov<24>2008 16:15 Jun 22, 2009 Jkt 217001 (October 20–21, 2009), Austin, TX (November 19–20, 2009), and Phoenix, AZ (January 20–21, 2010). The Commission is soliciting information at these regional public hearings on topics that include the manner in which United States v. Booker and subsequent Supreme Court decisions have affected Federal sentencing practices and appellate review of those practices, the role of the Federal sentencing guidelines, and recommendations, if any, for appropriate revisions to Federal sentencing policy. The Commission anticipates that it will compile and publish the information and testimony received at these regional public hearings and issue a report with respect to its findings. (2) Continuation of its work on Federal sentencing policy with the congressional, executive, and judicial branches of the government, and other interested parties, in light of United States v. Booker and subsequent Supreme Court decisions, possibly including (A) an evaluation of the impact of those decisions on the Federal sentencing guideline system; (B) development of amendments to the Federal sentencing guidelines; (C) development of recommendations for legislation regarding Federal sentencing policy; (D) a study of, and possible report to Congress on, statutory mandatory minimum penalties, including a review of the operation of the ‘‘safety valve’’ provision at 18 U.S.C. 3553(e); and (E) a study and report on the appellate standard of review applicable to post-Booker Federal sentencing decisions. (3) A review of departures within the guidelines, including (A) a review of the extent to which pertinent statutory provisions prohibit, discourage, or encourage certain factors as forming the basis for departure from the guideline sentence; and (B) possible revisions to the departure provisions in the Guidelines Manual, including in Chapter Two and in Parts H and K of Chapter Five, in light of that review and any other information coming to the Commission’s attention, as well as potential technical and conforming amendments to the Guidelines Manual to facilitate ease of use. (4) Continued study of, and a possible report on, alternatives to incarceration, including (A) a study of sentencing alternatives that may be appropriate at the time of the original sentencing; and (B) consideration of any potential changes to the zones incorporated in the Sentencing Table in Chapter Five and/ or other changes to the guidelines that might be appropriate in light of the information obtained from that study. PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 (5) Continuation of its work with Congress and other interested parties on cocaine sentencing policy to implement the recommendations set forth in the Commission’s 2002 and 2007 reports to Congress, both entitled Cocaine and Federal Sentencing Policy, and to develop appropriate guideline amendments in response to any related legislation. (6) Continuation of its multi-year study of the statutory and guideline definitions of ‘‘crime of violence’’, ‘‘aggravated felony’’, ‘‘violent felony’’, and ‘‘drug trafficking crime’’, including an examination of relevant circuit conflicts regarding whether any offense is categorically a ‘‘crime of violence’’, ‘‘aggravated felony’’, ‘‘violent felony’’, or ‘‘drug trafficking crime’’ for purposes of triggering an enhanced sentence under certain Federal statutes and guidelines. This study may culminate in guideline amendments and/or a report to Congress recommending statutory changes. (7) Resolution 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. (8) Multi-year review of the guidelines and their application to human rights offenses, including genocide under 18 U.S.C. 1091, war crimes under 18 U.S.C. 2441, torture and maiming to commit torture under 18 U.S.C. 2340A and 114, respectively, and child soldier offenses under 18 U.S.C. 2442, and possible promulgation of guidelines or guideline amendments with respect to these offenses. (9) Review of child pornography offenses, and possible promulgation of guideline amendments and/or a report to Congress as a result of such review. It is anticipated that any such report would include (A) a review of the incidence of, and reasons for, departures and variances from the guideline sentence; (B) a compilation of studies on, and analysis of, recidivism by child pornography offenders; and (C) recommendations to Congress on any statutory changes that may be appropriate. (10) Consideration of miscellaneous guideline application issues including (A) clarification of the extent to which restitution is mandatory or discretionary in various circumstances; (B) examination of, and possible guideline amendments relating to, the computation of criminal history points under § 4A1.1(e); and (C) other miscellaneous issues coming to the E:\FR\FM\23JNN1.SGM 23JNN1 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Notices Commission’s attention from case law and other sources. (11) Implementation of crime legislation enacted during the 111th Congress warranting a Commission response. The Commission hereby gives notice that it is seeking comment on these tentative priorities and on any other issues that interested persons believe the Commission should address during the amendment cycle ending May 1, 2010. To the extent practicable, public comment should include the following: (1) A statement of the issue, including, where appropriate, the scope and manner of study, particular problem areas and possible solutions, and any other matters relevant to a proposed priority; (2) citations to applicable sentencing guidelines, statutes, case law, and constitutional provisions; and (3) a direct and concise statement of why the Commission should make the issue a priority. Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and Procedure 5.2. Ricardo H. Hinojosa, Acting Chair. [FR Doc. E9–14685 Filed 6–22–09; 8:45 am] BILLING CODE 2211–01–P VerDate Nov<24>2008 16:15 Jun 22, 2009 Jkt 217001 DEPARTMENT OF VETERANS AFFAIRS Advisory Committee on Gulf War Veterans; Notice of Meeting The Department of Veterans Affairs (VA) gives notice under Public Law 92– 463 (Federal Advisory Committee Act) that the Advisory Committee on Gulf War Veterans will meet on July 15–16, 2009, in the Chandelier Room at the St. Regis Hotel, 923 16th and K Streets, NW., Washington, DC from 8:30 a.m. to 5 p.m. each day. The meeting is open to the public. The purpose of the Committee is to provide advice and recommendations to the Secretary of Veterans Affairs on issues that are unique to Veterans who served in the Southwest Asia theater of operations during 1990–1991 period of the Gulf War. On July 15, the Committee will talk with a panel of legislative directors from several Veterans Service Organizations. Each will discuss Gulf War I resolutions that their organizations have adopted, and then briefly address legislative activities they are currently engaged in that specifically relate to Gulf War I Veterans. The Committee will spend the remainder of the day refining the final report to the Secretary of Veterans Affairs. On July 16, the meeting time PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 29739 will be dedicated to deliberating on the Committee’s final report. Public comments will be received on July 15, 2009 from 10:45 to 11:30 a.m. and will be limited to five minutes each. Individuals wishing to speak must register not later than July 13, 2009 by contacting Lelia Jackson and by submitting 1–2 page summaries of their comments for inclusion in the official record. Members of the public may also submit written statements for the Committee’s review to the Advisory Committee on Gulf War Veterans, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420. Interested persons may also listen in by teleconferencing into the meeting. The toll-free teleconference line will be open daily from 8:30 a.m. until 5 p.m. (Eastern Standard Time). To register for the teleconference, contact Lelia Jackson at (202) 461–5758 or via e-mail at lelia.jackson@va.gov. Any member of the public seeking additional information should contact Laura O’Shea, Designated Federal Officer, at (202) 461–5765. Dated: June 18, 2009. By Direction of the Secretary. E. Philip Riggin, Committee Management Officer. [FR Doc. E9–14720 Filed 6–22–09; 8:45 am] BILLING CODE 8320–01–P E:\FR\FM\23JNN1.SGM 23JNN1

Agencies

[Federal Register Volume 74, Number 119 (Tuesday, June 23, 2009)]
[Notices]
[Pages 29737-29739]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14685]


=======================================================================
-----------------------------------------------------------------------

UNITED STATES SENTENCING COMMISSION


Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Notice of proposed priorities. Request for public comment.

-----------------------------------------------------------------------

[[Page 29738]]

SUMMARY: As part of its statutory authority and responsibility to 
analyze sentencing issues, including operation of the Federal 
sentencing guidelines, and in accordance with Rule 5.2 of its Rules of 
Practice and Procedure, the United States Sentencing Commission is 
seeking comment on possible priority policy issues for the amendment 
cycle ending May 1, 2010.

DATES: Public comment should be received on or before August 24, 2009.

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

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).
    The Commission provides this notice to identify tentative 
priorities for the amendment cycle ending May 1, 2010. 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, 2010. Accordingly, it may be necessary 
to continue work on any or all of these issues beyond the amendment 
cycle ending on May 1, 2010.
    As so prefaced, the Commission has identified the following 
tentative priorities:
    (1) Continuation of its efforts, in light of recent Supreme Court 
jurisprudence and pursuant to the Commission's ongoing authority and 
responsibility under 28 U.S.C. 995(a)(21), to solicit information 
regarding Federal sentencing practices, including through ongoing 
regional public hearings. The Commission has held regional public 
hearings in Atlanta, GA (February 10-11, 2009) and Palo Alto, CA (May 
27-28, 2009) and intends to hold additional regional public hearings in 
New York, NY (July 9-10, 2009), Chicago, IL (September 9-10, 2009), 
Denver, CO (October 20-21, 2009), Austin, TX (November 19-20, 2009), 
and Phoenix, AZ (January 20-21, 2010). The Commission is soliciting 
information at these regional public hearings on topics that include 
the manner in which United States v. Booker and subsequent Supreme 
Court decisions have affected Federal sentencing practices and 
appellate review of those practices, the role of the Federal sentencing 
guidelines, and recommendations, if any, for appropriate revisions to 
Federal sentencing policy. The Commission anticipates that it will 
compile and publish the information and testimony received at these 
regional public hearings and issue a report with respect to its 
findings.
    (2) Continuation of its work on Federal sentencing policy with the 
congressional, executive, and judicial branches of the government, and 
other interested parties, in light of United States v. Booker and 
subsequent Supreme Court decisions, possibly including (A) an 
evaluation of the impact of those decisions on the Federal sentencing 
guideline system; (B) development of amendments to the Federal 
sentencing guidelines; (C) development of recommendations for 
legislation regarding Federal sentencing policy; (D) a study of, and 
possible report to Congress on, statutory mandatory minimum penalties, 
including a review of the operation of the ``safety valve'' provision 
at 18 U.S.C. 3553(e); and (E) a study and report on the appellate 
standard of review applicable to post-Booker Federal sentencing 
decisions.
    (3) A review of departures within the guidelines, including (A) a 
review of the extent to which pertinent statutory provisions prohibit, 
discourage, or encourage certain factors as forming the basis for 
departure from the guideline sentence; and (B) possible revisions to 
the departure provisions in the Guidelines Manual, including in Chapter 
Two and in Parts H and K of Chapter Five, in light of that review and 
any other information coming to the Commission's attention, as well as 
potential technical and conforming amendments to the Guidelines Manual 
to facilitate ease of use.
    (4) Continued study of, and a possible report on, alternatives to 
incarceration, including (A) a study of sentencing alternatives that 
may be appropriate at the time of the original sentencing; and (B) 
consideration of any potential changes to the zones incorporated in the 
Sentencing Table in Chapter Five and/or other changes to the guidelines 
that might be appropriate in light of the information obtained from 
that study.
    (5) Continuation of its work with Congress and other interested 
parties on cocaine sentencing policy to implement the recommendations 
set forth in the Commission's 2002 and 2007 reports to Congress, both 
entitled Cocaine and Federal Sentencing Policy, and to develop 
appropriate guideline amendments in response to any related 
legislation.
    (6) Continuation of its multi-year study of the statutory and 
guideline definitions of ``crime of violence'', ``aggravated felony'', 
``violent felony'', and ``drug trafficking crime'', including an 
examination of relevant circuit conflicts regarding whether any offense 
is categorically a ``crime of violence'', ``aggravated felony'', 
``violent felony'', or ``drug trafficking crime'' for purposes of 
triggering an enhanced sentence under certain Federal statutes and 
guidelines. This study may culminate in guideline amendments and/or a 
report to Congress recommending statutory changes.
    (7) Resolution 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.
    (8) Multi-year review of the guidelines and their application to 
human rights offenses, including genocide under 18 U.S.C. 1091, war 
crimes under 18 U.S.C. 2441, torture and maiming to commit torture 
under 18 U.S.C. 2340A and 114, respectively, and child soldier offenses 
under 18 U.S.C. 2442, and possible promulgation of guidelines or 
guideline amendments with respect to these offenses.
    (9) Review of child pornography offenses, and possible promulgation 
of guideline amendments and/or a report to Congress as a result of such 
review. It is anticipated that any such report would include (A) a 
review of the incidence of, and reasons for, departures and variances 
from the guideline sentence; (B) a compilation of studies on, and 
analysis of, recidivism by child pornography offenders; and (C) 
recommendations to Congress on any statutory changes that may be 
appropriate.
    (10) Consideration of miscellaneous guideline application issues 
including (A) clarification of the extent to which restitution is 
mandatory or discretionary in various circumstances; (B) examination 
of, and possible guideline amendments relating to, the computation of 
criminal history points under Sec.  4A1.1(e); and (C) other 
miscellaneous issues coming to the

[[Page 29739]]

Commission's attention from case law and other sources.
    (11) Implementation of crime legislation enacted during the 111th 
Congress warranting a Commission response.
    The Commission hereby gives notice that it is seeking comment on 
these tentative priorities and on any other issues that interested 
persons believe the Commission should address during the amendment 
cycle ending May 1, 2010. To the extent practicable, public comment 
should include the following: (1) A statement of the issue, including, 
where appropriate, the scope and manner of study, particular problem 
areas and possible solutions, and any other matters relevant to a 
proposed priority; (2) citations to applicable sentencing guidelines, 
statutes, case law, and constitutional provisions; and (3) a direct and 
concise statement of why the Commission should make the issue a 
priority.

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

Ricardo H. Hinojosa,
Acting Chair.
[FR Doc. E9-14685 Filed 6-22-09; 8:45 am]
BILLING CODE 2211-01-P