Sentencing Guidelines for United States Courts, 54699-54700 [2010-22340]

Download as PDF Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Notices citation. To address a parallel inaccurate citation in § 2K1.3 (Unlawful Receipt, Possession, or Transportation of Explosive Materials; Prohibited Transactions Involving Explosive Materials), Application Note 9, a parallel technical change is made there. (3) Amendment 5 eliminated the use of ‘‘recency’’ points in calculating the criminal history score. A conforming change is made in § 2P1.1 (Escape, Instigating or Assisting Escape), Application Note 5, to delete an obsolete reference to ‘‘recency.’’ Second, the amendment makes certain other stylistic and clerical changes to commentary in the Guidelines Manual. It amends § 3A1.2 (Official Victim), Application Note 3, to provide an accurate reference to an enhancement in the robbery guideline. It amends § 3C1.1 (Obstructing or Impeding the Administration of Justice), Application Note 4, to replace the obsolete term ‘‘magistrate’’ with the term ‘‘magistrate judge.’’ It amends § 5E1.5 (Costs of Prosecution), Background, to correct a typographical error in a statutory citation. It amends § 7B1.4 (Term of Imprisonment), Application Note 2, and § 8A1.2 (Application Instructions—Organizations), Application Note 2, to provide accurate references to guideline titles. Finally, it makes certain other stylistic changes to promote stylistic consistency and gender neutrality. [FR Doc. 2010–22356 Filed 9–7–10; 8:45 am] BILLING CODE 2210–40–P UNITED STATES SENTENCING COMMISSION Sentencing Guidelines for United States Courts United States Sentencing Commission. ACTION: Notice of final priorities. AGENCY: In July 2010, the Commission published a notice of possible policy priorities for the amendment cycle ending May 1, 2011. See 75 FR 41927– 41929 (July 19, 2010). 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) 502–4597. SUPPLEMENTARY INFORMATION: The United States Sentencing Commission is an independent agency in the judicial branch of the United States jlentini on DSKJ8SOYB1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:41 Sep 07, 2010 Jkt 220001 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, 2011. 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, 2011. Accordingly, it may be necessary to continue work on any or all of these issues beyond the amendment cycle ending on May 1, 2011. As so prefaced, the Commission has identified the following priorities: (1) Implementation of the Fair Sentencing Act of 2010, Public Law 111–220, regarding offenses involving cocaine base (‘‘crack’’ cocaine) and offenses involving drug trafficking, including promulgation of a temporary, emergency amendment under section 8 of that Act and promulgation of a permanent amendment implementing that Act, including possible consideration of amending any related adjustments; and possible consideration of amending the Drug Quantity Table in § 2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy) across drug types. (2) Continuation of its work with the congressional, executive, and judicial branches of government, and other interested parties, to study the manner in which United States v. Booker, 543 U.S. 220 (2005), and subsequent Supreme Court decisions have affected Federal sentencing practices, the appellate review of those practices, and the role of the Federal sentencing guidelines. The Commission anticipates that it will issue a report with respect to its findings, possibly including (A) an evaluation of the impact of those decisions on the Federal sentencing guideline system; (B) development of recommendations for legislation regarding Federal sentencing policy; (C) an evaluation of the appellate standard of review applicable to post-Booker Federal sentencing decisions; and (D) PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 54699 possible consideration of amendments to the Federal sentencing guidelines. Such findings will be informed by the testimony received at seven regional public hearings the Commission held in 2009–2010, feedback received from the judiciary contained in the Results of Survey of United States District Judges January 2010 through March 2010 issued in June 2010, and other information and input. (3) Continuation of its study of and, pursuant to the directive in section 4713 of the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009, Public Law 111–84, 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). The findings of the report will be informed by the testimony received at the hearing on statutory mandatory minimum penalties the Commission held on May 27, 2010, the regional public hearings and survey of United States District Judges referred to in paragraph (2), and other information and input. (4) Study of and, pursuant to the directive in section 107(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, Public Law 111–195, report to Congress regarding violations of section 5(a) of the United Nations Participation Act of 1945 (22 U.S.C. 287c(a)), sections 38, 39, and 40 of the Arms Export Control Act (22 U.S.C. 2778, 2779, and 2780), and the Trading with the Enemy Act (50 U.S.C. App. 1 et seq.), including consideration of amendments to § 2M5.2 (Exportation of Arms, Munitions, or Military Equipment or Services Without Required Validated Export License) or other guidelines in Part K or Part M of Chapter Two of the Guidelines Manual that might be appropriate in light of the information obtained from such study. (5) Implementation of the directive in section 10606(a)(2)(A) of the Patient Protection and Affordable Care Act, Public Law 111–148, regarding health care fraud offenses; the directives in section 1079A of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111–203, regarding securities fraud offenses and financial institution fraud offenses; and any other crime legislation enacted during the 111th Congress warranting a Commission response. (6) Continuation of its review of child pornography offenses and possible 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 E:\FR\FM\08SEN1.SGM 08SEN1 jlentini on DSKJ8SOYB1PROD with NOTICES 54700 Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Notices on, and analysis of, recidivism by child pornography offenders; and (C) possible recommendations to Congress on any statutory changes that may be appropriate. (7) Continuation of its review of departures within the guidelines, including provisions in Parts H and K of Chapter Five of the Guidelines Manual, and the extent to which pertinent statutory provisions prohibit, discourage, or encourage certain factors as forming the basis for departure from the guideline sentence. (8) Continuation of its multi-year study of the statutory and guideline definitions of ‘‘crime of violence’’, ‘‘aggravated felony’’, ‘‘violent felony’’, and ‘‘drug trafficking offense’’, including (A) an examination of relevant circuit conflicts regarding whether any offense is categorically a ‘‘crime of violence’’, ‘‘aggravated felony’’, ‘‘violent felony’’, or ‘‘drug trafficking offense’’ for purposes of triggering an enhanced sentence under certain Federal statutes and guidelines; (B) possible consideration of an amendment to provide an alternative approach to the ‘‘categorical approach’’, see Taylor v. United States, 495 U.S. 575 (1990); Shepard v. United States, 544 U.S. 13 (2005), for determining the applicability of guideline enhancements; and (C) possible consideration of an amendment to provide that the time period limitations in subsection (e) of § 4A1.2 (Definitions and Instructions for Computing Criminal History) apply for purposes of determining the applicability of enhancements in § 2L1.2 (Unlawfully Entering or Remaining in the United States). (9) Consideration of a possible amendment to provide a reduction in the offense level for certain deportable aliens who agree to a stipulated order of deportation. (10) Examination of, and possible amendments to, the guidelines and policy statements in Part D of Chapter Five of the Guidelines Manual pertaining to supervised release. (11) Continued study of alternatives to incarceration, including possible consideration of any changes to the Guidelines Manual that might be appropriate in light of the information obtained from that study. (12) 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. (13) Multi-year review of the guidelines pertaining to environmental VerDate Mar<15>2010 16:41 Sep 07, 2010 Jkt 220001 crimes, with particular consideration of whether the fine provisions in Part C of Chapter Eight of the Guidelines Manual should apply to such offenses. (14) Consideration of miscellaneous guideline application issues coming to the Commission’s attention from case law and other sources. Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and Procedure 5.2. [FR Doc. 2010–22340 Filed 9–7–10; 8:45 am] UNITED STATES SENTENCING COMMISSION Sentencing Guidelines for United States Courts United States Sentencing Commission. ACTION: Notice of proposed amendment; request for comment. AGENCY: Pursuant to section 994(a), (o), and (p) of title 28, United States Code, and section 8 of the Fair Sentencing Act of 2010, Public Law 111–220, the Commission is considering promulgating a temporary, emergency amendment to the sentencing guidelines, policy statements, and commentary to decrease penalties for offenses involving cocaine base (‘‘crack’’ cocaine) and to account for certain aggravating and mitigating circumstances in drug trafficking cases. This notice sets forth the proposed amendment and, for each part of the proposed amendment, a synopsis of the issues addressed by that part. This notice also provides multiple issues for comment, some of which are contained within the proposed amendment. The specific proposed amendment (and issues for comment) in this notice is as follows: A proposed temporary, emergency amendment and issues for comment regarding offenses involving crack cocaine (particularly offenses covered by §§ 2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); (Attempt or Conspiracy) and 2D2.1 (Unlawful Possession; Attempt or Conspiracy)) and to account for certain aggravating and mitigating circumstances in drug trafficking cases (particularly cases under § 2D1.1) to implement section 8 of the Fair Sentencing Act of 2010, Public Law 111–220. DATES: Written public comment on the proposed emergency amendment should SUMMARY: Fmt 4703 Michael Courlander, Public Affairs Officer, Telephone: (202) 502–4597. 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 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 of each year pursuant to 28 U.S.C. 994(p). The Commission seeks comment on the proposed amendment and issues for comment. The parts of the proposed amendment in this notice are presented in one of two formats. First, some parts of the proposed amendment are proposed as specific revisions to a guideline or commentary. Bracketed text within a part of the proposed amendment indicates a heightened interest on the Commission=s part on comment and suggestions regarding alternative policy choices; for example, a proposed enhancement of [2][4][6] levels indicates that the Commission is considering, and invites comment on, alternative policy choices regarding the appropriate level of enhancement. Similarly, bracketed text within a specific offense characteristic or application note means that the Commission specifically invites comment on whether the proposed provision is appropriate. Second, the Commission has highlighted certain issues for comment and invites suggestions on how the Commission should respond to those issues. Additional information pertaining to the proposed amendment described in this notice may be accessed through the Commission’s Web site at http:// www.ussc.gov. SUPPLEMENTARY INFORMATION: BILLING CODE 2211–01–P Frm 00115 Public comment should be sent to: United States Sentencing Commission, One Columbus Circle, NE., Suite 2–500, Washington, DC 20002– 8002, Attention: Public Affairs. ADDRESSES: FOR FURTHER INFORMATION CONTACT: William K. Sessions III, Chair. PO 00000 be received by the Commission not later than October 8, 2010, in anticipation of a vote to promulgate the emergency amendment by November 1, 2010. Sfmt 4703 Authority: 28 U.S.C. 994(a), (o), (p), (x); section 8 of the Fair Sentencing Act of 2010, E:\FR\FM\08SEN1.SGM 08SEN1

Agencies

[Federal Register Volume 75, Number 173 (Wednesday, September 8, 2010)]
[Notices]
[Pages 54699-54700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22340]


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UNITED STATES SENTENCING COMMISSION


Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Notice of final priorities.

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SUMMARY: In July 2010, the Commission published a notice of possible 
policy priorities for the amendment cycle ending May 1, 2011. See 75 FR 
41927-41929 (July 19, 2010). 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) 502-4597.

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, 2011. 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, 2011. Accordingly, it may be necessary to continue work on any 
or all of these issues beyond the amendment cycle ending on May 1, 
2011.
    As so prefaced, the Commission has identified the following 
priorities:
    (1) Implementation of the Fair Sentencing Act of 2010, Public Law 
111-220, regarding offenses involving cocaine base (``crack'' cocaine) 
and offenses involving drug trafficking, including promulgation of a 
temporary, emergency amendment under section 8 of that Act and 
promulgation of a permanent amendment implementing that Act, including 
possible consideration of amending any related adjustments; and 
possible consideration of amending the Drug Quantity Table in Sec.  
2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking 
(Including Possession with Intent to Commit These Offenses); Attempt or 
Conspiracy) across drug types.
    (2) Continuation of its work with the congressional, executive, and 
judicial branches of government, and other interested parties, to study 
the manner in which United States v. Booker, 543 U.S. 220 (2005), and 
subsequent Supreme Court decisions have affected Federal sentencing 
practices, the appellate review of those practices, and the role of the 
Federal sentencing guidelines. The Commission anticipates that it will 
issue a report with respect to its findings, possibly including (A) an 
evaluation of the impact of those decisions on the Federal sentencing 
guideline system; (B) development of recommendations for legislation 
regarding Federal sentencing policy; (C) an evaluation of the appellate 
standard of review applicable to post-Booker Federal sentencing 
decisions; and (D) possible consideration of amendments to the Federal 
sentencing guidelines. Such findings will be informed by the testimony 
received at seven regional public hearings the Commission held in 2009-
2010, feedback received from the judiciary contained in the Results of 
Survey of United States District Judges January 2010 through March 2010 
issued in June 2010, and other information and input.
    (3) Continuation of its study of and, pursuant to the directive in 
section 4713 of the Matthew Shepard and James Byrd, Jr., Hate Crimes 
Prevention Act of 2009, Public Law 111-84, 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). The 
findings of the report will be informed by the testimony received at 
the hearing on statutory mandatory minimum penalties the Commission 
held on May 27, 2010, the regional public hearings and survey of United 
States District Judges referred to in paragraph (2), and other 
information and input.
    (4) Study of and, pursuant to the directive in section 107(b) of 
the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 
2010, Public Law 111-195, report to Congress regarding violations of 
section 5(a) of the United Nations Participation Act of 1945 (22 U.S.C. 
287c(a)), sections 38, 39, and 40 of the Arms Export Control Act (22 
U.S.C. 2778, 2779, and 2780), and the Trading with the Enemy Act (50 
U.S.C. App. 1 et seq.), including consideration of amendments to Sec.  
2M5.2 (Exportation of Arms, Munitions, or Military Equipment or 
Services Without Required Validated Export License) or other guidelines 
in Part K or Part M of Chapter Two of the Guidelines Manual that might 
be appropriate in light of the information obtained from such study.
    (5) Implementation of the directive in section 10606(a)(2)(A) of 
the Patient Protection and Affordable Care Act, Public Law 111-148, 
regarding health care fraud offenses; the directives in section 1079A 
of the Dodd-Frank Wall Street Reform and Consumer Protection Act, 
Public Law 111-203, regarding securities fraud offenses and financial 
institution fraud offenses; and any other crime legislation enacted 
during the 111th Congress warranting a Commission response.
    (6) Continuation of its review of child pornography offenses and 
possible 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

[[Page 54700]]

on, and analysis of, recidivism by child pornography offenders; and (C) 
possible recommendations to Congress on any statutory changes that may 
be appropriate.
    (7) Continuation of its review of departures within the guidelines, 
including provisions in Parts H and K of Chapter Five of the Guidelines 
Manual, and the extent to which pertinent statutory provisions 
prohibit, discourage, or encourage certain factors as forming the basis 
for departure from the guideline sentence.
    (8) Continuation of its multi-year study of the statutory and 
guideline definitions of ``crime of violence'', ``aggravated felony'', 
``violent felony'', and ``drug trafficking offense'', including (A) an 
examination of relevant circuit conflicts regarding whether any offense 
is categorically a ``crime of violence'', ``aggravated felony'', 
``violent felony'', or ``drug trafficking offense'' for purposes of 
triggering an enhanced sentence under certain Federal statutes and 
guidelines; (B) possible consideration of an amendment to provide an 
alternative approach to the ``categorical approach'', see Taylor v. 
United States, 495 U.S. 575 (1990); Shepard v. United States, 544 U.S. 
13 (2005), for determining the applicability of guideline enhancements; 
and (C) possible consideration of an amendment to provide that the time 
period limitations in subsection (e) of Sec.  4A1.2 (Definitions and 
Instructions for Computing Criminal History) apply for purposes of 
determining the applicability of enhancements in Sec.  2L1.2 
(Unlawfully Entering or Remaining in the United States).
    (9) Consideration of a possible amendment to provide a reduction in 
the offense level for certain deportable aliens who agree to a 
stipulated order of deportation.
    (10) Examination of, and possible amendments to, the guidelines and 
policy statements in Part D of Chapter Five of the Guidelines Manual 
pertaining to supervised release.
    (11) Continued study of alternatives to incarceration, including 
possible consideration of any changes to the Guidelines Manual that 
might be appropriate in light of the information obtained from that 
study.
    (12) 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.
    (13) Multi-year review of the guidelines pertaining to 
environmental crimes, with particular consideration of whether the fine 
provisions in Part C of Chapter Eight of the Guidelines Manual should 
apply to such offenses.
    (14) Consideration of miscellaneous guideline application issues 
coming to the Commission's attention from case law and other sources.

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

William K. Sessions III,
Chair.
[FR Doc. 2010-22340 Filed 9-7-10; 8:45 am]
BILLING CODE 2211-01-P