Sentencing Guidelines for United States Courts, 46478-46479 [E9-21720]
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46478
Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices
before the exemption becomes
effective).
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 35252, must be filed with
the Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423–
0001. In addition, a copy of each
pleading must be served on Charles A.
Spitulnik, 1001 Connecticut Avenue,
NW., Suite 800, Washington, DC 20036.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: September 3, 2009.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9–21682 Filed 9–8–09; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Ex Parte No. 670 (Sub-No. 3)]
Renewal of Rail Energy Transportation
Advisory Committee
AGENCY:
Surface Transportation Board,
DOT.
ACTION: Notice of intent to renew
charter.
SUMMARY: In accordance with the
Federal Advisory Committee Act, as
amended 5 U.S.C., App. (FACA), notice
is hereby given that the Surface
Transportation Board (Board) intends to
renew the charter of the Rail Energy
Transportation Advisory Committee
(RETAC).
A copy of the charter is
available at the Library of the Surface
Transportation Board, 395 E Street, SW.,
Washington, DC 20423–0001, and on
the Board’s Web site at https://
www.stb.dot.gov.
ADDRESSES:
as an advisory body, and will comply
with the provisions of FACA, and its
implementing regulations.
RETAC consists of approximately 25
voting members, excluding the
governmental representatives. The
membership comprises a balanced
representation of individuals
experienced in issues affecting the
transportation of energy resources,
including not less than: 5
representatives from the Class I
railroads; 3 representatives from Class II
and III railroads; 3 representatives from
coal producers; 5 representatives from
electric utilities (including at least one
rural electric cooperative and one stateor municipally-owned utility); 4
representatives from biofuel feedstock
growers or providers, and biofuel
refiners, processors and distributors;
and 2 representatives from private car
owners, car lessors, or car
manufacturers. These members are
serving in a representative capacity for
this Committee. The Committee may
also include up to 3 members with
relevant experience but not necessarily
affiliated with one of the
aforementioned industries or sectors.
STB Board Members are ex officio (nonvoting) members of RETAC.
RETAC meets approximately four
times a year, and meetings are open to
the public, consistent with the
Government in the Sunshine Act, Public
Law 94–409.
Further information about the RETAC
is available on the Board’s Web site at
https://www.stb.dot.gov and at the GSA’s
FACA Database—https://www.fido.gov/
facadatabase/public.asp.
This action will not significantly
affect either the quality of the human
environment or the conservation of
energy resources.
Dated: September 3, 2009.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9–21660 Filed 9–8–09; 8:45 am]
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FOR FURTHER INFORMATION CONTACT:
Scott Zimmerman, Designated Federal
Official, at (202) 245–0202. Assistance
for the hearing impaired is available
through the Federal Information Relay
Service (FIRS) at: (800) 877–8339.
SUPPLEMENTARY INFORMATION: RETAC
was established by the Board on
September 24, 2007, to provide advice
and guidance to the Board, on a
continuing basis, and to provide a forum
for the discussion of emerging issues
and concerns regarding the
transportation by rail of energy
resources, particularly but not
necessarily limited to coal, ethanol and
other biofuels. RETAC functions solely
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DEPARTMENT OF TREASURY
Office of the General Counsel;
Appointment of Members of the Legal
Division to the Performance Review
Board, Internal Revenue Service
Under the authority granted to me as
Chief Counsel of the Internal Revenue
Service by the General Counsel of the
Department of the Treasury by General
Counsel Order No. 21 (Rev. 4), pursuant
to the Civil Service Reform Act, I have
appointed the following persons to the
Legal Division Performance Review
Board, Internal Revenue Service Panel:
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1. Chairperson, Bernard J. Knight,
Acting General Counsel (Department of
Treasury).
2. Paul D. DeNard, IRS, Deputy
Commissioner (Operations) (Large and
Mid Size Business).
3. Faris R. Fink, IRS, Deputy
Commissioner (Small Business/Self
Employed).
This publication is required by 5
U.S.C. 4314(c)(4).
Dated: August 8, 2009.
William J. Wilkins,
Chief Counsel, Internal Revenue Service.
[FR Doc. E9–21726 Filed 9–8–09; 8:45 am]
BILLING CODE 4830–01–P
UNITED STATES SENTENCING
COMMISSION
Sentencing Guidelines for United
States Courts
AGENCY: United States Sentencing
Commission.
ACTION: Notice of final priorities.
SUMMARY: In June 2009, the Commission
published a notice of possible policy
priorities for the amendment cycle
ending May 1, 2010. See 74 FR 29737
(June 23, 2009). 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, 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
E:\FR\FM\09SEN1.SGM
09SEN1
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Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices
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 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), Palo Alto, CA (May 27–28,
2009), and New York, NY (July 9–10,
2009), and intends to hold additional
regional public hearings in 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
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Jkt 217001
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.
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46479
(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
Commission’s attention from case law
and other sources.
(11) Implementation of crime
legislation enacted during the 111th
Congress warranting a Commission
response.
Authority: 28 U.S.C. 994(a), (o); USSC
Rules of Practice and Procedure 5.2.
Ricardo H. Hinojosa,
Acting Chair.
[FR Doc. E9–21720 Filed 9–8–09; 8:45 am]
BILLING CODE 2211–01–P
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, 2009.
SUMMARY: On May 1, 2009, the
Commission submitted to Congress
amendments to the Federal sentencing
guidelines and published these
amendments in the Federal Register on
May 8, 2009. See 74 FR 21750. 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, 2009,
for the amendments set forth in this
notice.
FOR FURTHER INFORMATION CONTACT:
Michael Courlander, Public Affairs
Officer, Telephone: (202) 502–4590.
E:\FR\FM\09SEN1.SGM
09SEN1
Agencies
[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Notices]
[Pages 46478-46479]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21720]
=======================================================================
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UNITED STATES SENTENCING COMMISSION
Sentencing Guidelines for United States Courts
AGENCY: United States Sentencing Commission.
ACTION: Notice of final priorities.
-----------------------------------------------------------------------
SUMMARY: In June 2009, the Commission published a notice of possible
policy priorities for the amendment cycle ending May 1, 2010. See 74 FR
29737 (June 23, 2009). 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, 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
[[Page 46479]]
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
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), Palo Alto, CA (May 27-
28, 2009), and New York, NY (July 9-10, 2009), and intends to hold
additional regional public hearings in 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 Commission's attention from case law
and other sources.
(11) Implementation of crime legislation enacted during the 111th
Congress warranting a Commission response.
Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and
Procedure 5.2.
Ricardo H. Hinojosa,
Acting Chair.
[FR Doc. E9-21720 Filed 9-8-09; 8:45 am]
BILLING CODE 2211-01-P