Sentencing Guidelines for United States Courts, 51821-51822 [2013-20360]
Download as PDF
<![CDATA[
mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 162 / Wednesday, August 21, 2013 / Notices
of May each year pursuant to 28 U.S.C.
994(p).
Pursuant to 28 U.S.C. 994(g), the
Commission intends to consider the
issue of reducing costs of incarceration
and overcapacity of prisons, to the
extent it is relevant to any identified
priority.
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, 2014. 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, 2014. Accordingly, it may be
necessary to continue work on any or all
of these issues beyond the amendment
cycle ending on May 1, 2014.
As so prefaced, the Commission has
identified the following priorities:
(1) Continuation of its work with
Congress and other interested parties on
statutory mandatory minimum penalties
to implement the recommendations set
forth in the Commission’s 2011 report to
Congress, titled Mandatory Minimum
Penalties in the Federal Criminal Justice
System, including its recommendations
regarding the severity and scope of
mandatory minimum penalties,
consideration of expanding the ‘‘safety
valve’’ at 18 U.S.C. 3553(f), and
elimination of the mandatory ‘‘stacking’’
of penalties under 18 U.S.C. 924(c), and
to develop appropriate guideline
amendments in response to any related
legislation.
(2) Review, and possible amendment,
of guidelines applicable to drug
offenses, including 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.
(3) Continuation of its work with the
congressional, executive, and judicial
branches of government, and other
interested parties, with respect to the
Commission’s December 2012 report to
Congress, titled The Continuing Impact
of United States v. Booker on Federal
Sentencing, and development of
appropriate guideline amendments in
response to any related legislation.
(4) Continuation of its work on
economic crimes, including (A) a
comprehensive, multi-year study of
§ 2B1.1 (Theft, Property Destruction,
and Fraud) and related guidelines,
VerDate Mar<15>2010
16:29 Aug 20, 2013
Jkt 229001
including examination of the loss table
and the definition of loss, and (B)
consideration of any amendments to
such guidelines that may be appropriate
in light of the information obtained from
such study.
(5) Continuation of its multi-year
study of statutory and guideline
definitions relating to the nature of a
defendant’s prior conviction (e.g.,
‘‘crime of violence,’’ ‘‘aggravated
felony,’’ ‘‘violent felony,’’ and ‘‘drug
trafficking offense’’) and the impact of
such definitions on the relevant
statutory and guideline provisions (e.g.,
career offender, illegal reentry, and
armed career criminal), possibly
including recommendations to Congress
on any statutory changes that may be
appropriate and development of
guideline amendments that may be
appropriate.
(6) Continuation of its comprehensive,
multi-year study of recidivism,
including (A) Examination of
circumstances that correlate with
increased or reduced recidivism; (B)
possible development of
recommendations for using information
obtained from such study to reduce
costs of incarceration and overcapacity
of prisons; and (C) consideration of any
amendments to the Guidelines Manual
that may be appropriate in light of the
information obtained from such study.
(7) Undertaking a multi-year review of
federal sentencing practices pertaining
to violations of conditions of probation
and supervised release, including
possible consideration of amending the
policy statements in Chapter Seven of
the Guidelines Manual.
(8) Possible consideration of
amending the policy statement
pertaining to ‘‘compassionate release,’’
§ 1B1.13 (Reduction in Term of
Imprisonment as a Result of Motion by
Director of Bureau of Prisons).
(9) Continuation of its work with
Congress and other interested parties on
child pornography offenses to
implement the recommendations set
forth in the Commission’s December
2012 report to Congress, titled Federal
Child Pornography Offenses, and to
develop appropriate guideline
amendments in response to any related
legislation.
(10) Implementation of the Violence
Against Women Reauthorization Act of
2013, Pub. L. 113–4, and any other
crime legislation enacted during the
112th or 113th Congress warranting a
Commission response.
(11) 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
PO 00000
Frm 00116
Fmt 4703
Sfmt 4703
51821
(1991), to resolve conflicting
interpretations of the guidelines by the
federal courts.
(12) Consideration of any
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.
Patti B. Saris,
Chair.
[FR Doc. 2013–20356 Filed 8–20–13; 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 action regarding
technical and conforming amendments
to federal sentencing guidelines
effective November 1, 2013.
AGENCY:
On April 30, 2013, the
Commission submitted to the Congress
amendments to the sentencing
guidelines and official commentary,
which become effective on November 1,
2013, unless Congress acts to the
contrary. Such amendments and the
reasons for amendment subsequently
were published in the Federal Register.
78 FR 26425 (May 6, 2013). The
Commission has made technical and
conforming amendments, set forth in
this notice, to commentary provisions
and policy statements related to those
amendments.
DATES: The Commission has specified
an effective date of November 1, 2013,
for the amendments set forth in this
notice.
FOR FURTHER INFORMATION CONTACT:
Jeanne Doherty, Public Affairs Officer,
(202) 502–4502, pubaffairs@ussc.gov.
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
SUMMARY:
E:\FR\FM\21AUN1.SGM
21AUN1
51822
Federal Register / Vol. 78, No. 162 / Wednesday, August 21, 2013 / Notices
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 and policy statements 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
and policy statements in any
submission of guideline amendments to
Congress. Occasionally, however, the
Commission determines that technical
and conforming changes to commentary
and policy statements are necessary.
This notice sets forth technical and
conforming amendments to commentary
and policy statements that will become
effective on November 1, 2013.
Authority: USSC Rules of Practice and
Procedure 4.1.
Patti B. Saris,
Chair.
mstockstill on DSK4VPTVN1PROD with NOTICES
Reason for Amendment
This proposed amendment makes
certain technical changes to
Commentary in the Guidelines Manual.
The changes amend—
(1) Application Note 3 to § 1B1.8 (Use
of Certain Information) to reflect a
change to the heading of Rule 410 of the
Federal Rules of Evidence;
(2) Application Note 1 to § 2M3.1
(Gathering or Transmitting National
Defense Information to Aid a Foreign
Government) to ensure that the
Executive Order to which it refers is the
most recent Executive Order; and
(3) the Background Commentary to
§ 8B2.1 (Effective Compliance and
Ethics Program) and Application Note 1
to § 8D1.2 (Term of Probation—
Organizations) to correct typographical
errors in citations to certain statutes.
2. Amendment
1. Amendment
The Commentary to § 1B1.8 captioned
‘‘Application Notes’’ is amended in
Note 3 by striking ‘‘(Inadmissibility of
Pleas’’ and inserting ‘‘(Pleas’’.
The Commentary to § 2M3.1
captioned ‘‘Application Notes’’ is
amended in Note 1 by striking ‘‘12958’’
and inserting ‘‘13526’’.
The Commentary to § 8B2.1 captioned
‘‘Background’’ is amended by striking
‘‘805(a)(2)(5)’’ and inserting ‘‘805(a)(5)’’.
The Commentary to § 8D1.2 captioned
‘‘Application Note’’ is amended in Note
VerDate Mar<15>2010
1 by striking ‘‘3561(b)’’ and inserting
‘‘3561(c)’’.
16:29 Aug 20, 2013
Jkt 229001
The Commentary to § 1B1.11
captioned ‘‘Background’’ is amended in
the first paragraph by striking
‘‘Although aware’’ and all that follows
through ‘‘punishment.’’ and inserting
‘‘However, the Supreme Court has held
that the ex post facto clause applies to
sentencing guideline amendments that
subject the defendant to increased
punishment. See Peugh v. United
States, 133 S. Ct. 2072, 2078 (2013)
(holding that ’there is an ex post facto
violation when a defendant is sentenced
under Guidelines promulgated after he
PO 00000
Frm 00117
Fmt 4703
Sfmt 9990
committed his criminal acts and the
new version provides a higher
applicable Guidelines sentencing range
than the version in place at the time of
the offense’).’’; and in the paragraph that
begins ‘‘Subsection (b)(3)’’ by striking ‘‘,
cert. denied, 493 U.S. 1062 (1990)’’.
Reason for Amendment
The Commission’s policy statement at
§ 1B1.11 (Use of Guidelines Manual in
Effect on Date of Sentencing) provides
that the court should apply the
Guidelines Manual in effect on the date
the defendant is sentenced unless the
court determines that doing so would
violate the ex post facto clause, in
which case the court shall apply the
Guidelines Manual in effect on the date
the offense of conviction was
committed. See § 1B1.11(a), (b)(1).
This proposed amendment updates
the Background Commentary to
§ 1B1.11 to reflect the Supreme Court’s
decision in Peugh v. United States, 133
S. Ct. 2072 (2013), which held that
‘‘there is an ex post facto violation when
a defendant is sentenced under
Guidelines promulgated after he
committed his criminal acts and the
new version provides a higher
applicable Guidelines sentencing range
than the version in place at the time of
the offense.’’ Id. at 2078. The
amendment inserts new language to
refer to the Supreme Court’s decision in
Peugh and deletes obsolete language.
[FR Doc. 2013–20360 Filed 8–20–13; 8:45 am]
BILLING CODE 2210–40–P
E:\FR\FM\21AUN1.SGM
21AUN1
]]>Agencies
[Federal Register Volume 78, Number 162 (Wednesday, August 21, 2013)]
[Notices]
[Pages 51821-51822]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20360]
-----------------------------------------------------------------------
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, 2013.
-----------------------------------------------------------------------
SUMMARY: On April 30, 2013, the Commission submitted to the Congress
amendments to the sentencing guidelines and official commentary, which
become effective on November 1, 2013, unless Congress acts to the
contrary. Such amendments and the reasons for amendment subsequently
were published in the Federal Register. 78 FR 26425 (May 6, 2013). The
Commission has made technical and conforming amendments, set forth in
this notice, to commentary provisions and policy statements related to
those amendments.
DATES: The Commission has specified an effective date of November 1,
2013, for the amendments set forth in this notice.
FOR FURTHER INFORMATION CONTACT: Jeanne Doherty, Public Affairs
Officer, (202) 502-4502, pubaffairs@ussc.gov.
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
[[Page 51822]]
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 and policy statements 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 and policy
statements in any submission of guideline amendments to Congress.
Occasionally, however, the Commission determines that technical and
conforming changes to commentary and policy statements are necessary.
This notice sets forth technical and conforming amendments to
commentary and policy statements that will become effective on November
1, 2013.
Authority: USSC Rules of Practice and Procedure 4.1.
Patti B. Saris,
Chair.
1. Amendment
The Commentary to Sec. 1B1.8 captioned ``Application Notes'' is
amended in Note 3 by striking ``(Inadmissibility of Pleas'' and
inserting ``(Pleas''.
The Commentary to Sec. 2M3.1 captioned ``Application Notes'' is
amended in Note 1 by striking ``12958'' and inserting ``13526''.
The Commentary to Sec. 8B2.1 captioned ``Background'' is amended
by striking ``805(a)(2)(5)'' and inserting ``805(a)(5)''.
The Commentary to Sec. 8D1.2 captioned ``Application Note'' is
amended in Note 1 by striking ``3561(b)'' and inserting ``3561(c)''.
Reason for Amendment
This proposed amendment makes certain technical changes to
Commentary in the Guidelines Manual. The changes amend--
(1) Application Note 3 to Sec. 1B1.8 (Use of Certain Information)
to reflect a change to the heading of Rule 410 of the Federal Rules of
Evidence;
(2) Application Note 1 to Sec. 2M3.1 (Gathering or Transmitting
National Defense Information to Aid a Foreign Government) to ensure
that the Executive Order to which it refers is the most recent
Executive Order; and
(3) the Background Commentary to Sec. 8B2.1 (Effective Compliance
and Ethics Program) and Application Note 1 to Sec. 8D1.2 (Term of
Probation--Organizations) to correct typographical errors in citations
to certain statutes.
2. Amendment
The Commentary to Sec. 1B1.11 captioned ``Background'' is amended
in the first paragraph by striking ``Although aware'' and all that
follows through ``punishment.'' and inserting ``However, the Supreme
Court has held that the ex post facto clause applies to sentencing
guideline amendments that subject the defendant to increased
punishment. See Peugh v. United States, 133 S. Ct. 2072, 2078 (2013)
(holding that 'there is an ex post facto violation when a defendant is
sentenced under Guidelines promulgated after he committed his criminal
acts and the new version provides a higher applicable Guidelines
sentencing range than the version in place at the time of the
offense').''; and in the paragraph that begins ``Subsection (b)(3)'' by
striking ``, cert. denied, 493 U.S. 1062 (1990)''.
Reason for Amendment
The Commission's policy statement at Sec. 1B1.11 (Use of
Guidelines Manual in Effect on Date of Sentencing) provides that the
court should apply the Guidelines Manual in effect on the date the
defendant is sentenced unless the court determines that doing so would
violate the ex post facto clause, in which case the court shall apply
the Guidelines Manual in effect on the date the offense of conviction
was committed. See Sec. 1B1.11(a), (b)(1).
This proposed amendment updates the Background Commentary to Sec.
1B1.11 to reflect the Supreme Court's decision in Peugh v. United
States, 133 S. Ct. 2072 (2013), which held that ``there is an ex post
facto violation when a defendant is sentenced under Guidelines
promulgated after he committed his criminal acts and the new version
provides a higher applicable Guidelines sentencing range than the
version in place at the time of the offense.'' Id. at 2078. The
amendment inserts new language to refer to the Supreme Court's decision
in Peugh and deletes obsolete language.
[FR Doc. 2013-20360 Filed 8-20-13; 8:45 am]
BILLING CODE 2210-40-P
