Sentencing Guidelines for United States Courts, 54698-54699 [2010-22356]
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54698
Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Notices
Dated: September 1, 2010.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
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, 2010.
[FR Doc. 2010–22235 Filed 9–7–10; 8:45 am]
BILLING CODE 4810–AL–P
UNITED STATES SENTENCING
COMMISSION
Authority: USSC Rules of Practice and
Procedure 4.1.
Sentencing Guidelines for United
States Courts
United States Sentencing
Commission.
ACTION: Notice of final action regarding
technical and conforming amendments
to Federal sentencing guidelines
effective November 1, 2010.
AGENCY:
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). 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, 2010,
for the amendments set forth in this
notice.
SUMMARY:
jlentini on DSKJ8SOYB1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Michael Courlander, Public Affairs
Officer, Telephone: (202) 502–4597.
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
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16:41 Sep 07, 2010
Jkt 220001
William K. Sessions III,
Chair.
Technical and Conforming
Amendments
1. Amendment: The Commentary to
§ 2B1.1 captioned ‘‘Application Notes’’
is amended in Note 1 by inserting ‘‘or
Paleontological Resources’’ after
‘‘Resources’’ both places it appears.
The Commentary to § 2B1.1 captioned
‘‘Application Notes’’ is amended in Note
3 in the last paragraph by inserting ‘‘or
Paleontological Resources’’ after
‘‘Resources’’; by inserting ‘‘or
paleontological resource’’ before ‘‘, loss’’;
by striking ‘‘cultural heritage’’ after ‘‘to
that’’ and by striking ‘‘cultural heritage’’
after ‘‘of the’’.
The Commentary to § 2K1.3 captioned
‘‘Application Notes’’ is amended in Note
9 by striking ‘‘; § 4A1.2, comment. (n.3)’’.
The Commentary to § 2P1.1 captioned
‘‘Application Notes’’ is amended in Note
5 by striking the comma after ‘‘escape)’’
and inserting ‘‘and’’; and by striking ‘‘,
and § 4A1.1(e) (recency)’’.
The Commentary to § 3A1.2 captioned
‘‘Application Notes’’ is amended in Note
3 by striking ‘‘§ 2B3.1(a)’’ and inserting
‘‘§ 2B3.1(b)(1)’’.
The Commentary to § 3C1.1 captioned
‘‘Application Notes’’, as amended by
Amendment 9, submitted to Congress
on April 29, 2010, is amended in Note
4(F) by inserting ‘‘judge’’ after
‘‘magistrate’’; and in Note 5(B) by
striking ‘‘4(g)’’ and inserting ‘‘4(G)’’.
The Commentary to § 3C1.1 captioned
‘‘Application Notes’’ is amended in Note
9 by striking ‘‘his’’ and inserting ‘‘the
defendant’s’’; and by striking ‘‘he’’ and
inserting ‘‘the defendant’’.
The Commentary to § 3C1.2 captioned
‘‘Application Notes’’ is amended in Note
5 by striking ‘‘his’’ and inserting ‘‘the
defendant’s’’ and by striking ‘‘he’’ and
inserting ‘‘the defendant’’.
The Commentary to § 3E1.1 captioned
‘‘Application Notes’’ is amended in Note
3 by striking ‘‘1(a)’’ and inserting ‘‘1(A)’’.
The Commentary to § 4B1.3 captioned
‘‘Application Notes’’ is amended in Note
2 by striking ‘‘(1)’’ and inserting ‘‘(A)’’; by
striking ‘‘(2)’’ and inserting ‘‘(B)’’; and by
striking ‘‘his’’ and inserting ‘‘the
defendant’s’’.
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The Commentary to § 4B1.3 captioned
‘‘Background’’ is amended by striking
‘‘he’’ and inserting ‘‘the defendant’’; and
by striking ‘‘his’’ and inserting ‘‘the
defendant’s’’.
The Commentary to § 5B1.1 captioned
‘‘Application Notes’’, as amended by
Amendment 1, submitted to Congress
on April 29, 2010, is amended in Note
1 by redesignating subdivisions (a) and
(b) as (A) and (B).
The Commentary to § 5D1.1 captioned
‘‘Application Notes’’ is amended in Note
1 by redesignating subdivisions (1)
through (5) as (A) through (E).
The Commentary to § 5E1.5 captioned
‘‘Background’’ is amended by striking
‘‘1302c–9’’ and inserting ‘‘1320c–9’’.
The Commentary to § 5G1.2 captioned
‘‘Application Notes’’ is amended in Note
1 in the second paragraph by striking
‘‘(1)’’ and inserting ‘‘(A)’’ and by striking
‘‘(2)’’ and inserting ‘‘(B)’’.
The Commentary to § 5G1.3 captioned
‘‘Application Notes’’ is amended in Note
2(C) by striking ‘‘Judgement’’ and
inserting ‘‘Judgment’’.
The Commentary to § 7B1.4 captioned
‘‘Application Notes’’ is amended in Note
2 by striking ‘‘Adequacy’’ and inserting
‘‘Departures Based on Inadequacy’’; and
in Note 3 by striking ‘‘he’’ and inserting
‘‘the defendant’’.
The Commentary to § 8A1.2 captioned
‘‘Application Notes’’ is amended in Note
2 by striking ‘‘and’’ after ‘‘Procedures’’
and inserting a comma; by inserting ‘‘,
and Crime Victims’ Rights’’ after
‘‘Agreements’’; and in Note 3 by
redesignating subdivisions (a) through
(j) as subdivisions (A) through (J).
Reason for Amendment: This
amendment makes certain technical and
conforming changes to commentary in
the Guidelines Manual.
First, the amendment makes certain
technical and conforming changes in
connection with the amendments that
the Commission submitted to Congress
on April 29, 2010. See 75 FR 27388
(May 14, 2010). Those conforming
changes are as follows:
(1) Amendment 8 expanded the scope
of § 2B1.5 (Theft of, Damage to, or
Destruction of, Cultural Heritage
Resources; Unlawful Sale, Purchase,
Exchange, Transportation, or Receipt of
Cultural Heritage Resources) to cover
not only cultural heritage resources, but
also paleontological resources. To
reflect this expanded scope, conforming
changes are made to § 2B1.1 (Theft,
Property Destruction, and Fraud),
Application Notes 1 and 3.
(2) Amendment 9 made a technical
change to § 2K2.1 (Unlawful Receipt,
Possession, or Transportation of
Firearms or Ammunition), Application
Note 10, to correct an inaccurate
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08SEN1
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)
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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
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]]>Agencies
[Federal Register Volume 75, Number 173 (Wednesday, September 8, 2010)]
[Notices]
[Pages 54698-54699]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22356]
=======================================================================
-----------------------------------------------------------------------
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, 2010.
-----------------------------------------------------------------------
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). 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,
2010, for the amendments set forth in this notice.
FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Affairs
Officer, Telephone: (202) 502-4597.
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, 2010.
Authority: USSC Rules of Practice and Procedure 4.1.
William K. Sessions III,
Chair.
Technical and Conforming Amendments
1. Amendment: The Commentary to Sec. 2B1.1 captioned ``Application
Notes'' is amended in Note 1 by inserting ``or Paleontological
Resources'' after ``Resources'' both places it appears.
The Commentary to Sec. 2B1.1 captioned ``Application Notes'' is
amended in Note 3 in the last paragraph by inserting ``or
Paleontological Resources'' after ``Resources''; by inserting ``or
paleontological resource'' before ``, loss''; by striking ``cultural
heritage'' after ``to that'' and by striking ``cultural heritage''
after ``of the''.
The Commentary to Sec. 2K1.3 captioned ``Application Notes'' is
amended in Note 9 by striking ``; Sec. 4A1.2, comment. (n.3)''.
The Commentary to Sec. 2P1.1 captioned ``Application Notes'' is
amended in Note 5 by striking the comma after ``escape)'' and inserting
``and''; and by striking ``, and Sec. 4A1.1(e) (recency)''.
The Commentary to Sec. 3A1.2 captioned ``Application Notes'' is
amended in Note 3 by striking ``Sec. 2B3.1(a)'' and inserting ``Sec.
2B3.1(b)(1)''.
The Commentary to Sec. 3C1.1 captioned ``Application Notes'', as
amended by Amendment 9, submitted to Congress on April 29, 2010, is
amended in Note 4(F) by inserting ``judge'' after ``magistrate''; and
in Note 5(B) by striking ``4(g)'' and inserting ``4(G)''.
The Commentary to Sec. 3C1.1 captioned ``Application Notes'' is
amended in Note 9 by striking ``his'' and inserting ``the
defendant's''; and by striking ``he'' and inserting ``the defendant''.
The Commentary to Sec. 3C1.2 captioned ``Application Notes'' is
amended in Note 5 by striking ``his'' and inserting ``the defendant's''
and by striking ``he'' and inserting ``the defendant''.
The Commentary to Sec. 3E1.1 captioned ``Application Notes'' is
amended in Note 3 by striking ``1(a)'' and inserting ``1(A)''.
The Commentary to Sec. 4B1.3 captioned ``Application Notes'' is
amended in Note 2 by striking ``(1)'' and inserting ``(A)''; by
striking ``(2)'' and inserting ``(B)''; and by striking ``his'' and
inserting ``the defendant's''.
The Commentary to Sec. 4B1.3 captioned ``Background'' is amended
by striking ``he'' and inserting ``the defendant''; and by striking
``his'' and inserting ``the defendant's''.
The Commentary to Sec. 5B1.1 captioned ``Application Notes'', as
amended by Amendment 1, submitted to Congress on April 29, 2010, is
amended in Note 1 by redesignating subdivisions (a) and (b) as (A) and
(B).
The Commentary to Sec. 5D1.1 captioned ``Application Notes'' is
amended in Note 1 by redesignating subdivisions (1) through (5) as (A)
through (E).
The Commentary to Sec. 5E1.5 captioned ``Background'' is amended
by striking ``1302c-9'' and inserting ``1320c-9''.
The Commentary to Sec. 5G1.2 captioned ``Application Notes'' is
amended in Note 1 in the second paragraph by striking ``(1)'' and
inserting ``(A)'' and by striking ``(2)'' and inserting ``(B)''.
The Commentary to Sec. 5G1.3 captioned ``Application Notes'' is
amended in Note 2(C) by striking ``Judgement'' and inserting
``Judgment''.
The Commentary to Sec. 7B1.4 captioned ``Application Notes'' is
amended in Note 2 by striking ``Adequacy'' and inserting ``Departures
Based on Inadequacy''; and in Note 3 by striking ``he'' and inserting
``the defendant''.
The Commentary to Sec. 8A1.2 captioned ``Application Notes'' is
amended in Note 2 by striking ``and'' after ``Procedures'' and
inserting a comma; by inserting ``, and Crime Victims' Rights'' after
``Agreements''; and in Note 3 by redesignating subdivisions (a) through
(j) as subdivisions (A) through (J).
Reason for Amendment: This amendment makes certain technical and
conforming changes to commentary in the Guidelines Manual.
First, the amendment makes certain technical and conforming changes
in connection with the amendments that the Commission submitted to
Congress on April 29, 2010. See 75 FR 27388 (May 14, 2010). Those
conforming changes are as follows:
(1) Amendment 8 expanded the scope of Sec. 2B1.5 (Theft of, Damage
to, or Destruction of, Cultural Heritage Resources; Unlawful Sale,
Purchase, Exchange, Transportation, or Receipt of Cultural Heritage
Resources) to cover not only cultural heritage resources, but also
paleontological resources. To reflect this expanded scope, conforming
changes are made to Sec. 2B1.1 (Theft, Property Destruction, and
Fraud), Application Notes 1 and 3.
(2) Amendment 9 made a technical change to Sec. 2K2.1 (Unlawful
Receipt, Possession, or Transportation of Firearms or Ammunition),
Application Note 10, to correct an inaccurate
[[Page 54699]]
citation. To address a parallel inaccurate citation in Sec. 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
Sec. 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 Sec. 3A1.2
(Official Victim), Application Note 3, to provide an accurate reference
to an enhancement in the robbery guideline. It amends Sec. 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 Sec. 5E1.5 (Costs of Prosecution),
Background, to correct a typographical error in a statutory citation.
It amends Sec. 7B1.4 (Term of Imprisonment), Application Note 2, and
Sec. 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
