Sentencing Guidelines for United States Courts, 46479-46481 [E9-21721]
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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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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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(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.
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Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices
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. This notice sets forth
technical and conforming amendments
to commentary that will become
effective on November 1, 2009.
SUPPLEMENTARY INFORMATION:
Authority: USSC Rules of Practice and
Procedure 4.1.
cprice-sewell on DSK2BSOYB1PROD with NOTICES
Ricardo H. Hinojosa,
Acting Chair, Technical and Conforming
Amendments.
1. Amendment: The Commentary to
§ 2A6.2 captioned ‘‘Application Notes’’
is amended in Note 4 in the second
paragraph by striking ‘‘2’’ after ‘‘Note’’
and inserting ‘‘3’’.
The Commentary to § 2B1.1 captioned
‘‘Application Notes’’, as amended by
Amendment 1 submitted to Congress on
May 1, 2009 (74 FR 21750), is further
amended in Note 1, in the paragraph
that begins ‘‘’Personal information’
means’’, by striking ‘‘(i)’’ and inserting
‘‘(A)’’; by striking ‘‘(ii)’’ and inserting
‘‘(B)’’; by striking ‘‘(iii)’’ and inserting
‘‘(C)’’; by striking ‘‘(iv)’’ and inserting
‘‘(D)’’; by striking ‘‘(v)’’ and inserting
‘‘(E)’’; by striking ‘‘(vi)’’ and inserting
‘‘(F)’’; and by striking ‘‘(vii)’’ and
inserting ‘‘(G)’’.
The Commentary to § 2B1.1 captioned
‘‘Application Notes’’ is amended in
Note 3(F)(iii) by striking ‘‘276a’’ and
inserting ‘‘3142’’.
The Commentary to § 2B1.1 captioned
‘‘Application Notes’’ is amended in
Note 4(C)(iii) by striking ‘‘his’’ and
inserting ‘‘the addressee’s’’.
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The Commentary to § 2B1.1 captioned
‘‘Application Notes’’ is amended in
Note 7(E) by striking ‘‘enhancements’’
and inserting ‘‘Chapter Three
Adjustments’’.
The Commentary to § 2B1.1 captioned
‘‘Application Notes’’ is amended in
Note 8(C) by striking ‘‘Enhancement’’
and inserting ‘‘Chapter Three
Adjustment’’.
The Commentary to § 2B1.1 captioned
‘‘Application Notes’’ is amended in
Note 9 by striking the paragraph that
begins ‘‘ ‘Telecommunications service’
has the meaning’’; and by inserting after
the paragraph that begins ‘‘ ‘Produce’
includes manufacture’’ the following:
‘‘ ‘Telecommunications service’ has
the meaning given that term in 18 U.S.C.
1029(e)(9).’’.
The Commentary to § 2B1.1 captioned
‘‘Application Notes’’, as amended by
Amendment 1 submitted to Congress on
May 1, 2009 (74 FR 21750), is further
amended in Note 14(A) by striking ‘‘this
subsection’’ and inserting ‘‘subsection
(b)(17)’’; in the paragraph that begins
‘‘ ‘Commodities law’ ’’ by striking
‘‘Commodities’’ before ‘‘Exchange’’ and
inserting ‘‘Commodity’’; by striking
‘‘Commodities’’ before ‘‘Futures’’ and
inserting ‘‘Commodity’’;
In the paragraph that begins
‘‘ ‘Commodity pool operator’ ’’ by
striking ‘‘(4)’’ and inserting ‘‘(5)’’ each
place it appears; by striking
‘‘Commodities’’ and inserting
‘‘Commodity’’;
In the paragraph that begins
‘‘ ‘Commodity trading advisor’ ’’ by
striking ‘‘(5)’’ and inserting ‘‘(6)’’ each
place it appears; by striking
‘‘Commodities’’ and inserting
‘‘Commodity’’;
In the paragraph that begins ‘‘ ‘Futures
commission merchant’ ’’ by striking
‘‘Commodities’’ and inserting
‘‘Commodity’’;
In the paragraph that begins
‘‘ ‘Introducing broker’ ’’ by striking
‘‘Commodities’’ and inserting
‘‘Commodity’’;
In the paragraph that begins
‘‘ ‘Investment adviser’ ’’ by inserting
‘‘(a)(11)’’ after ‘‘202’’;
In the paragraph that begins ‘‘ ‘Person
associated with a broker or dealer’ ’’ by
striking ‘‘(48)’’ and inserting ‘‘(18)’’;
and in the paragraph that begins
‘‘ ‘Person associated with an investment
adviser’ ’’ by inserting ‘‘(a)(17)’’ after
‘‘202’’.
The Commentary to § 2D1.6 captioned
‘‘Application Notes’’ is amended in
Note 1 by inserting ‘‘a minimum offense
level of 8 where the offense involves
flunitrazepam (§ 2D1.1(c)(16));’’ after
‘‘(§ 2D1.1(c)(14));’’.
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The Commentary to § 2G1.1 captioned
‘‘Application Notes’’ is amended in
Note 1 in the paragraph that begins
‘‘ ‘Commercial sex act’ ’’ by striking
‘‘(c)(1)’’ and inserting ‘‘(e)(3)’’.
The Commentary to § 2G1.3 captioned
‘‘Application Notes’’ is amended in
Note 1 in the paragraph that begins
‘‘ ‘Commercial sex act’ ’’ by striking
‘‘(c)(1)’’ and inserting ‘‘(e)(3)’’.
The Commentary to § 2G2.1 captioned
‘‘Statutory Provisions’’ is amended by
striking ‘‘(b)’’ and inserting ‘‘(a)’’.
The Commentary to § 2H3.1 captioned
‘‘Application Notes’’, as amended by
Amendment 1 submitted to Congress on
May 1, 2009 (74 FR 21750), is further
amended in Note 4, in the paragraph
that begins ‘‘ ‘Personal information’
means’’, by striking ‘‘(i)’’ and inserting
‘‘(A)’’; by striking ‘‘(ii)’’ and inserting
‘‘(B)’’; by striking ‘‘(iii)’’ and inserting
‘‘(C)’’; by striking ‘‘(iv)’’ and inserting
‘‘(D)’’; by striking ‘‘(v)’’ and inserting
‘‘(E)’’; by striking ‘‘(vi)’’ and inserting
‘‘(F)’’; and by striking ‘‘(vii)’’ and
inserting ‘‘(G)’’.
The Commentary to § 2H3.1 captioned
‘‘Application Notes’’ is amended in
Note 5 by striking ‘‘(i)’’ and inserting
‘‘(A)’’; and by striking ‘‘(ii)’’ and
inserting ‘‘(B)’’.
The Commentary to § 2J1.5 captioned
‘‘Statutory Provisions’’ is amended by
striking ‘‘Provision’’ and inserting
‘‘Provisions’’; and by striking ‘‘(2)’’ and
inserting ‘‘(1)(B)’’.
The Commentary to § 2J1.5 captioned
‘‘Application Notes’’ is amended in
Note 2 by striking ‘‘this offense’’ and
inserting ‘‘an offense under 18 U.S.C.
3146(b)(1)(B)’’.
The Commentary to § 2J1.5 captioned
‘‘Background’’ is amended by striking
‘‘This offense covered by this section’’
and inserting ‘‘The offense under 18
U.S.C. 3146(b)(1)(B)’’.
The Commentary to § 3B1.2 captioned
‘‘Application Notes’’ is amended in
Note 6 by striking ‘‘(3)’’ and inserting
‘‘(5)’’.
The Commentary following § 3D1.5
captioned ‘‘Illustrations of the
Operation of the Multiple-Count Rules’’
is amended in example 3 by striking
‘‘he’’ and inserting ‘‘the defendant’’; and
by striking ‘‘(8)’’ and inserting ‘‘(9)’’.
Appendix A (Statutory Index), as
amended by Amendment 8 submitted to
Congress on May 1, 2009 (74 FR 21750),
is further amended by striking the line
that begins ‘‘50 U.S.C. App. § 527(e)’’;
and by inserting after the line that
begins ‘‘50 U.S.C. App. § 462’’ the
following: ‘‘50 U.S.C. App.
§ 527(e)2X5.2’’.
Reason for Amendment: This
amendment makes certain technical and
conforming changes to commentary.
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cprice-sewell on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices
First, it updates obsolete statutory and
guideline references in §§ 2A6.2
(Stalking or Domestic Violence),
Application Note 4; 2B1.1 (Theft,
Property Destruction, and Fraud),
Application Notes 3(F)(iii) and 14(A);
2G1.1 (Promoting a Commercial Sex Act
or Prohibited Sexual Conduct with an
Individual Other than a Minor),
Application Note 1; 2G1.3 (Promoting a
Commercial Sex Act or Prohibited
Sexual Conduct with a Minor;
Transportation of Minors to Engage in a
Commercial Sex Act or Prohibited
Sexual Conduct; Travel to Engage in
Commercial Sex Act or Prohibited
Sexual Conduct with a Minor; Sex
Trafficking of Children; Use of Interstate
Facilities to Transport Information
about a Minor), Application Note 1;
2G2.1 (Sexually Exploiting a Minor by
Production of Sexually Explicit Visual
or Printed Material; Custodian
Permitting Minor to Engage in Sexually
Explicit Conduct; Advertisement for
Minors to Engage in Production),
Statutory Provisions; 2J1.5 (Failure to
Appear by Material Witness), Statutory
Provisions; 3B1.2 (Mitigating Role),
Application Note 6; and the Illustrations
following 3D1.5 (Determining the Total
Punishment).
Second, it makes clerical and stylistic
changes to the Commentary to § 2B1.1;
the Commentary to § 2H3.1
(Interception of Communications;
Eavesdropping; Disclosure of Certain
Private or Protected Information); and
the Illustrations following § 3D1.5.
Third, it amends § 2D1.6 (Use of
Communication Facility in Committing
Drug Offense; Attempt or Conspiracy),
Application Note 1, to ensure that its
description of the various minimum
offense levels that apply to controlled
substances under § 2D1.1 (Unlawful
Manufacturing, Importing, Exporting, or
Trafficking (Including Possession with
Intent to Commit These Offenses);
Attempt or Conspiracy) is more
comprehensive (i.e., by including in that
description the minimum offense level
that applies to flunitrazepam).
Finally, it amends Appendix A
(Statutory Index) to ensure that the line
reference to 50 U.S.C. App. § 527(e) is
placed in the appropriate order.
[FR Doc. E9–21721 Filed 9–8–09; 8:45 am]
BILLING CODE 2211–01–P
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DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0319]
Agency Information Collection
(Fiduciary Agreement) Activities Under
OMB Review
AGENCY: Veterans Benefits
Administration, Department of Veterans
Affairs.
ACTION: Notice.
SUMMARY: In compliance with the
Paperwork Reduction Act (PRA) of 1995
(44 U.S.C. 3501–3521), this notice
announces that the Veterans Benefits
Administration (VBA), Department of
Veterans Affairs, will submit the
collection of information abstracted
below to the Office of Management and
Budget (OMB) for review and comment.
The PRA submission describes the
nature of the information collection and
its expected cost and burden; it includes
the actual data collection instrument.
DATES: Comments must be submitted on
or before October 9, 2009.
ADDRESSES: Submit written comments
on the collection of information through
https://www.Regulations.gov or to VA’s
OMB Desk Officer, Office of Information
and Regulatory Affairs, New Executive
Office Building, Room 10235,
Washington, DC 20503, (202) 395–7316.
Please refer to ‘‘OMB Control No. 2900–
0319’’ in any correspondence.
FOR FURTHER INFORMATION CONTACT:
Denise McLamb, Enterprise Records
Service (005R1B), Department of
Veterans Affairs, 810 Vermont Avenue,
NW., Washington, DC 20420, (202) 461–
7485, FAX (202) 273–0443 or e-mail
denise.mclamb@va.gov. Please refer to
‘‘OMB Control No. 2900–0319.’’
SUPPLEMENTARY INFORMATION:
Titles: Fiduciary Agreement, VA Form
21–4703.
OMB Control Number: 2900–0319.
Type of Review: Extension of a
currently approved collection.
Abstract: VA Form 21–4703 is a legal
binding contract between VA and
Federally appointed fiduciaries
receiving VA funds on behalf of
beneficiaries who were determined to be
incompetent or under legal disability by
reason of minority or court action. The
form outlines the fiduciary’s
responsibility regarding the use of VA
funds.
An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The Federal Register
Notice with a 60-day comment period
soliciting comments on this collection
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46481
of information was published on June
29, 2009, at page 31112.
Affected Public: Individuals or
households.
Estimated Annual Burden: 1,467
hours.
Estimated Average Burden per
Respondent: 5 minutes.
Frequency of Response: One time.
Estimated Number of Respondents:
17,600.
Dated: September 2, 2009.
By direction of the Secretary.
Denise McLamb,
Program Analyst, Enterprise Records Service.
[FR Doc. E9–21567 Filed 9–8–09; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–New (VR&E
Outcome)]
Agency Information Collection (VR&E
Program National Outcome Follow-Up
With Employment Based Rehabilitated
Veterans Survey) Activities Under OMB
Review
AGENCY: Veterans Benefits
Administration, Department of Veterans
Affairs.
ACTION: Notice.
SUMMARY: In compliance with the
Paperwork Reduction Act (PRA) of 1995
(44 U.S.C. 3501–3521), this notice
announces that the Veterans Benefits
Administration, Department of Veterans
Affairs, will submit the collection of
information abstracted below to the
Office of Management and Budget
(OMB) for review and comment. The
PRA submission describes the nature of
the information collection and its
expected cost and burden; it includes
the actual data collection instrument.
DATE: Comments must be submitted on
or before October 9, 2009.
ADDRESSES: Submit written comments
on the collection of information through
www.Regulations.gov or to VA’s OMB
Desk Officer, Office of Information and
Regulatory Affairs, New Executive
Office Building, Room 10235,
Washington, DC 20503, (202) 395–7316.
Please refer to ‘‘OMB Control No. 2900–
New (VR&E Outcome)’’ in any
correspondence.
FOR FURTHER INFORMATION CONTACT:
Denise McLamb, Enterprise Records
Service (005R1B), Department of
Veterans Affairs, 810 Vermont Avenue,
NW., Washington, DC 20420, (202) 461–
7485, FAX (202) 273–0443 or e-mail
denise.mclamb@va.gov. Please refer to
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Agencies
[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Notices]
[Pages 46479-46481]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21721]
-----------------------------------------------------------------------
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.
[[Page 46480]]
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. This
notice sets forth technical and conforming amendments to commentary
that will become effective on November 1, 2009.
Authority: USSC Rules of Practice and Procedure 4.1.
Ricardo H. Hinojosa,
Acting Chair, Technical and Conforming Amendments.
1. Amendment: The Commentary to Sec. 2A6.2 captioned ``Application
Notes'' is amended in Note 4 in the second paragraph by striking ``2''
after ``Note'' and inserting ``3''.
The Commentary to Sec. 2B1.1 captioned ``Application Notes'', as
amended by Amendment 1 submitted to Congress on May 1, 2009 (74 FR
21750), is further amended in Note 1, in the paragraph that begins
``'Personal information' means'', by striking ``(i)'' and inserting
``(A)''; by striking ``(ii)'' and inserting ``(B)''; by striking
``(iii)'' and inserting ``(C)''; by striking ``(iv)'' and inserting
``(D)''; by striking ``(v)'' and inserting ``(E)''; by striking
``(vi)'' and inserting ``(F)''; and by striking ``(vii)'' and inserting
``(G)''.
The Commentary to Sec. 2B1.1 captioned ``Application Notes'' is
amended in Note 3(F)(iii) by striking ``276a'' and inserting ``3142''.
The Commentary to Sec. 2B1.1 captioned ``Application Notes'' is
amended in Note 4(C)(iii) by striking ``his'' and inserting ``the
addressee's''.
The Commentary to Sec. 2B1.1 captioned ``Application Notes'' is
amended in Note 7(E) by striking ``enhancements'' and inserting
``Chapter Three Adjustments''.
The Commentary to Sec. 2B1.1 captioned ``Application Notes'' is
amended in Note 8(C) by striking ``Enhancement'' and inserting
``Chapter Three Adjustment''.
The Commentary to Sec. 2B1.1 captioned ``Application Notes'' is
amended in Note 9 by striking the paragraph that begins ``
`Telecommunications service' has the meaning''; and by inserting after
the paragraph that begins `` `Produce' includes manufacture'' the
following:
`` `Telecommunications service' has the meaning given that term in
18 U.S.C. 1029(e)(9).''.
The Commentary to Sec. 2B1.1 captioned ``Application Notes'', as
amended by Amendment 1 submitted to Congress on May 1, 2009 (74 FR
21750), is further amended in Note 14(A) by striking ``this
subsection'' and inserting ``subsection (b)(17)''; in the paragraph
that begins `` `Commodities law' '' by striking ``Commodities'' before
``Exchange'' and inserting ``Commodity''; by striking ``Commodities''
before ``Futures'' and inserting ``Commodity'';
In the paragraph that begins `` `Commodity pool operator' '' by
striking ``(4)'' and inserting ``(5)'' each place it appears; by
striking ``Commodities'' and inserting ``Commodity'';
In the paragraph that begins `` `Commodity trading advisor' '' by
striking ``(5)'' and inserting ``(6)'' each place it appears; by
striking ``Commodities'' and inserting ``Commodity'';
In the paragraph that begins `` `Futures commission merchant' '' by
striking ``Commodities'' and inserting ``Commodity'';
In the paragraph that begins `` `Introducing broker' '' by striking
``Commodities'' and inserting ``Commodity'';
In the paragraph that begins `` `Investment adviser' '' by
inserting ``(a)(11)'' after ``202'';
In the paragraph that begins `` `Person associated with a broker or
dealer' '' by striking ``(48)'' and inserting ``(18)'';
and in the paragraph that begins `` `Person associated with an
investment adviser' '' by inserting ``(a)(17)'' after ``202''.
The Commentary to Sec. 2D1.6 captioned ``Application Notes'' is
amended in Note 1 by inserting ``a minimum offense level of 8 where the
offense involves flunitrazepam (Sec. 2D1.1(c)(16));'' after ``(Sec.
2D1.1(c)(14));''.
The Commentary to Sec. 2G1.1 captioned ``Application Notes'' is
amended in Note 1 in the paragraph that begins `` `Commercial sex act'
'' by striking ``(c)(1)'' and inserting ``(e)(3)''.
The Commentary to Sec. 2G1.3 captioned ``Application Notes'' is
amended in Note 1 in the paragraph that begins `` `Commercial sex act'
'' by striking ``(c)(1)'' and inserting ``(e)(3)''.
The Commentary to Sec. 2G2.1 captioned ``Statutory Provisions'' is
amended by striking ``(b)'' and inserting ``(a)''.
The Commentary to Sec. 2H3.1 captioned ``Application Notes'', as
amended by Amendment 1 submitted to Congress on May 1, 2009 (74 FR
21750), is further amended in Note 4, in the paragraph that begins ``
`Personal information' means'', by striking ``(i)'' and inserting
``(A)''; by striking ``(ii)'' and inserting ``(B)''; by striking
``(iii)'' and inserting ``(C)''; by striking ``(iv)'' and inserting
``(D)''; by striking ``(v)'' and inserting ``(E)''; by striking
``(vi)'' and inserting ``(F)''; and by striking ``(vii)'' and inserting
``(G)''.
The Commentary to Sec. 2H3.1 captioned ``Application Notes'' is
amended in Note 5 by striking ``(i)'' and inserting ``(A)''; and by
striking ``(ii)'' and inserting ``(B)''.
The Commentary to Sec. 2J1.5 captioned ``Statutory Provisions'' is
amended by striking ``Provision'' and inserting ``Provisions''; and by
striking ``(2)'' and inserting ``(1)(B)''.
The Commentary to Sec. 2J1.5 captioned ``Application Notes'' is
amended in Note 2 by striking ``this offense'' and inserting ``an
offense under 18 U.S.C. 3146(b)(1)(B)''.
The Commentary to Sec. 2J1.5 captioned ``Background'' is amended
by striking ``This offense covered by this section'' and inserting
``The offense under 18 U.S.C. 3146(b)(1)(B)''.
The Commentary to Sec. 3B1.2 captioned ``Application Notes'' is
amended in Note 6 by striking ``(3)'' and inserting ``(5)''.
The Commentary following Sec. 3D1.5 captioned ``Illustrations of
the Operation of the Multiple-Count Rules'' is amended in example 3 by
striking ``he'' and inserting ``the defendant''; and by striking
``(8)'' and inserting ``(9)''.
Appendix A (Statutory Index), as amended by Amendment 8 submitted
to Congress on May 1, 2009 (74 FR 21750), is further amended by
striking the line that begins ``50 U.S.C. App. Sec. 527(e)''; and by
inserting after the line that begins ``50 U.S.C. App. Sec. 462'' the
following: ``50 U.S.C. App. Sec. 527(e)2X5.2''.
Reason for Amendment: This amendment makes certain technical and
conforming changes to commentary.
[[Page 46481]]
First, it updates obsolete statutory and guideline references in
Sec. Sec. 2A6.2 (Stalking or Domestic Violence), Application Note 4;
2B1.1 (Theft, Property Destruction, and Fraud), Application Notes
3(F)(iii) and 14(A); 2G1.1 (Promoting a Commercial Sex Act or
Prohibited Sexual Conduct with an Individual Other than a Minor),
Application Note 1; 2G1.3 (Promoting a Commercial Sex Act or Prohibited
Sexual Conduct with a Minor; Transportation of Minors to Engage in a
Commercial Sex Act or Prohibited Sexual Conduct; Travel to Engage in
Commercial Sex Act or Prohibited Sexual Conduct with a Minor; Sex
Trafficking of Children; Use of Interstate Facilities to Transport
Information about a Minor), Application Note 1; 2G2.1 (Sexually
Exploiting a Minor by Production of Sexually Explicit Visual or Printed
Material; Custodian Permitting Minor to Engage in Sexually Explicit
Conduct; Advertisement for Minors to Engage in Production), Statutory
Provisions; 2J1.5 (Failure to Appear by Material Witness), Statutory
Provisions; 3B1.2 (Mitigating Role), Application Note 6; and the
Illustrations following 3D1.5 (Determining the Total Punishment).
Second, it makes clerical and stylistic changes to the Commentary
to Sec. 2B1.1; the Commentary to Sec. 2H3.1 (Interception of
Communications; Eavesdropping; Disclosure of Certain Private or
Protected Information); and the Illustrations following Sec. 3D1.5.
Third, it amends Sec. 2D1.6 (Use of Communication Facility in
Committing Drug Offense; Attempt or Conspiracy), Application Note 1, to
ensure that its description of the various minimum offense levels that
apply to controlled substances under Sec. 2D1.1 (Unlawful
Manufacturing, Importing, Exporting, or Trafficking (Including
Possession with Intent to Commit These Offenses); Attempt or
Conspiracy) is more comprehensive (i.e., by including in that
description the minimum offense level that applies to flunitrazepam).
Finally, it amends Appendix A (Statutory Index) to ensure that the
line reference to 50 U.S.C. App. Sec. 527(e) is placed in the
appropriate order.
[FR Doc. E9-21721 Filed 9-8-09; 8:45 am]
BILLING CODE 2211-01-P