Sentencing Guidelines for United States Courts, 41279 [2010-17291]
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srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Notices
approximately 31.5 miles long
extending from Garwood (MP 438.24) to
Sagle (MP 469.75) and will upgrade the
existing predominantly two-lane
highway to a fully controlled access,
four-lane divided freeway with
interchanges and frontage roads. The
Draft Environmental Impact Statement
(DEIS), Final Environmental Impact
Statement (FEIS), Record of Decision
(ROD) and published information
regarding this project are posted and
updated on the Idaho Transportation
Department (ITD) Web site at https://
itd.idaho.gov/projects/d1. Select ‘‘U.S.
95, Garwood to Sagle Environmental
Study.’’
The actions by the FHWA, and the
laws under which such actions were
taken, are described in the FEIS for the
project approved on March 26, 2010.
FHWA issued a Record of Decision
(ROD) on July 2, 2010. The DEIS, FEIS,
and other project records are available
by contacting the FHWA or the Idaho
Transportation Department at the
addresses provided above.
This notice applies to all Federal
agency decisions as of the issuance date
of this notice and all laws under which
such actions were taken, including but
not limited to:
General: National Environmental
Policy Act (NEPA) [42 U.S.C. 4321–
4351]; Federal-Aid Highway Act [23
U.S.C. 109 and 23 U.S.C. 128]; Public
Hearing [23 U.S.C. 128]. Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU) [23 U.S.C. 139]
Air and Noise: Clean Air Act [42
U.S.C. 7401–7671(q)]; Intermodal
Surface Transportation Efficiency Act of
1991, Congestion Mitigation and Air
Quality Improvement Program (Sec
1008 U.S.C. 149); Noise Standards: [23
U.S.C. 109(i) (Pub. L. 91–605) (Pub. L.
93–87)].
Wildlife: Endangered Species Act [16
U.S.C. 1531–1544 and Section 1536];
Fish and Wildlife Coordination Act [16
U.S.C. 661–667(d)]; Migratory Bird
Treaty Act [16 U.S.C. 703–712]; Bald
and Golden Eagle Protection Act of 1940
[16 U.S.C. 668–668d]
Historic and Cultural Resources:
Section 106 of the National Historic
Preservation Act of 1966, as amended
[16 U.S.C. 470(f) et seq.]; Archeological
Resources Protection Act of 1977 [16
U.S.C. 470(aa)–470(ll)]; Archeological
and Historic Preservation Act of 1974
[16 U.S.C. 469–469(c)].
Land: Section 4(f) of The Department
of Transportation Act: [23 CFR 774];
Farmland Protection Policy Act (FPPA)
[7 U.S.C. 4201–4209]; Solid Waste
Disposal Act, as amended by the
VerDate Mar<15>2010
16:53 Jul 14, 2010
Jkt 220001
Resource Conservation and Recovery
Act of 1976 [42 U.S.C. 6901, et seq.]
Social and Economic: Civil Rights Act
of 1964 [42 U.S.C. 2000(d)–2000(d)(1)];
Uniform Relocation Assistance and Real
Property Acquisition Act of 1970 [42
U.S.C. 4601 et seq., Pub. L. 91–646] as
amended by the Uniform Relocation Act
Amendments of 1987 (Pub. L. 100–17).
Wetlands and Water Resources: Clean
Water Act [33 U.S.C.]; Wetlands
Mitigation [23 U.S.C. 103(b)(6)(M) and
133(b)(11)]: Compensatory Mitigation
for Losses of Aquatic Resources 2008
[40 CFR 230].
Executive Orders: E.O. 11988
Floodplain Management. E.O. 11990
Protection of Wetlands; E.O. 12898,
Federal Actions to Address
Environmental Justice in Minority
Populations and Low Income
Populations; 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).
Peter J. Hartman,
Division Administrator, FHWA—Idaho
Division.
[FR Doc. 2010–17223 Filed 7–14–10; 8:45 am]
BILLING CODE P
UNITED STATES SENTENCING
COMMISSION
Sentencing Guidelines for United
States Courts
AGENCY: United States Sentencing
Commission.
ACTION: Request for public comment.
SUMMARY: On April 29, 2010, the
Commission submitted to the Congress
amendments to the sentencing
guidelines and official commentary,
which become effective on November 1,
2010, unless Congress acts to the
contrary. Such amendments and the
reasons for amendment subsequently
were published in the Federal Register.
75 FR 27388 (May 14, 2010). One of the
amendments, specifically Amendment 5
pertaining to the use of recency as a
factor in the calculation of the criminal
history score, has the effect of lowering
guideline ranges. The Commission
requests comment regarding whether
that amendment should be included in
PO 00000
Frm 00141
Fmt 4703
Sfmt 9990
41279
subsection (c) of § 1B1.10 (Reduction in
Term of Imprisonment as a Result of
Amended Guideline Range (Policy
Statement)) as an amendment that may
be applied retroactively to previously
sentenced defendants.
DATES: Public comment should be
received on or before September 13,
2010.
ADDRESSES: Send comments to: United
States Sentencing Commission, One
Columbus Circle, NE., Suite 2–500,
South Lobby, Washington, DC 20002–
8002, Attention: Public AffairsRetroactivity Public Comment.
FOR FURTHER INFORMATION CONTACT:
Michael Courlander, Public Affairs
Officer, 202–502–4597.
Section
3582(c)(2) of title 18, United States
Code, provides that ‘‘in the case of a
defendant who has been sentenced to a
term of imprisonment based on a
sentencing range that has subsequently
been lowered by the Sentencing
Commission pursuant to 28 U.S.C.
994(o), upon motion of the defendant or
the Director of the Bureau of Prisons, or
on its own motion, the court may reduce
the term of imprisonment, after
considering the factors set forth in
section 3553(a) to the extent that they
are applicable, if such a reduction is
consistent with applicable policy
statements issued by the Sentencing
Commission.’’
The Commission lists in § 1B1.10(c)
the specific guideline amendments that
the court may apply retroactively under
18 U.S.C. 3582(c)(2). The background
commentary to § 1B1.10 lists the
purpose of the amendment, the
magnitude of the change in the
guideline range made by the
amendment, and the difficulty of
applying the amendment retroactively
to determine an amended guideline
range under § 1B1.10(b) as among the
factors the Commission considers in
selecting the amendments included in
§ 1B1.10(c). To the extent practicable,
public comment should address each of
these factors.
The text of the amendments
referenced in this notice also may be
accessed through the Commission’s Web
site at https://www.ussc.gov.
SUPPLEMENTARY INFORMATION:
Authority: 28 U.S.C. 994(a), (o), (u); USSC
Rules of Practice and Procedure 4.1, 4.3.
William K. Sessions III,
Chair.
[FR Doc. 2010–17291 Filed 7–14–10; 8:45 am]
BILLING CODE 2210–40–P
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]]>Agencies
[Federal Register Volume 75, Number 135 (Thursday, July 15, 2010)]
[Notices]
[Page 41279]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17291]
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UNITED STATES SENTENCING COMMISSION
Sentencing Guidelines for United States Courts
AGENCY: United States Sentencing Commission.
ACTION: Request for public comment.
-----------------------------------------------------------------------
SUMMARY: On April 29, 2010, the Commission submitted to the Congress
amendments to the sentencing guidelines and official commentary, which
become effective on November 1, 2010, unless Congress acts to the
contrary. Such amendments and the reasons for amendment subsequently
were published in the Federal Register. 75 FR 27388 (May 14, 2010). One
of the amendments, specifically Amendment 5 pertaining to the use of
recency as a factor in the calculation of the criminal history score,
has the effect of lowering guideline ranges. The Commission requests
comment regarding whether that amendment should be included in
subsection (c) of Sec. 1B1.10 (Reduction in Term of Imprisonment as a
Result of Amended Guideline Range (Policy Statement)) as an amendment
that may be applied retroactively to previously sentenced defendants.
DATES: Public comment should be received on or before September 13,
2010.
ADDRESSES: Send comments to: United States Sentencing Commission, One
Columbus Circle, NE., Suite 2-500, South Lobby, Washington, DC 20002-
8002, Attention: Public Affairs-Retroactivity Public Comment.
FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Affairs
Officer, 202-502-4597.
SUPPLEMENTARY INFORMATION: Section 3582(c)(2) of title 18, United
States Code, provides that ``in the case of a defendant who has been
sentenced to a term of imprisonment based on a sentencing range that
has subsequently been lowered by the Sentencing Commission pursuant to
28 U.S.C. 994(o), upon motion of the defendant or the Director of the
Bureau of Prisons, or on its own motion, the court may reduce the term
of imprisonment, after considering the factors set forth in section
3553(a) to the extent that they are applicable, if such a reduction is
consistent with applicable policy statements issued by the Sentencing
Commission.''
The Commission lists in Sec. 1B1.10(c) the specific guideline
amendments that the court may apply retroactively under 18 U.S.C.
3582(c)(2). The background commentary to Sec. 1B1.10 lists the purpose
of the amendment, the magnitude of the change in the guideline range
made by the amendment, and the difficulty of applying the amendment
retroactively to determine an amended guideline range under Sec.
1B1.10(b) as among the factors the Commission considers in selecting
the amendments included in Sec. 1B1.10(c). To the extent practicable,
public comment should address each of these factors.
The text of the amendments referenced in this notice also may be
accessed through the Commission's Web site at https://www.ussc.gov.
Authority: 28 U.S.C. 994(a), (o), (u); USSC Rules of Practice
and Procedure 4.1, 4.3.
William K. Sessions III,
Chair.
[FR Doc. 2010-17291 Filed 7-14-10; 8:45 am]
BILLING CODE 2210-40-P
