Sentencing Guidelines for United States Courts, 49380 [2014-19764]

Download as PDF 49380 Federal Register / Vol. 79, No. 161 / Wednesday, August 20, 2014 / Notices 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, 2014. 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, 2014. AGENCY: On April 30, 2014, the Commission submitted to the Congress amendments to the sentencing guidelines and official commentary, which become effective on November 1, 2014, unless Congress acts to the contrary. Such amendments and the reasons for amendment subsequently were published in the Federal Register. 79 FR 25996 (May 6, 2014). The Commission has made technical and conforming amendments, set forth in this notice, to commentary provisions and policy statements related to those amendments. SUMMARY: The Commission has specified an effective date of November 1, 2014, for the amendments set forth in this notice. DATES: emcdonald on DSK67QTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Jeanne Doherty, Public Affairs Officer, (202) 502–4502, jdoherty@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 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 VerDate Mar<15>2010 16:44 Aug 19, 2014 Jkt 232001 Authority: USSC Rules of Practice and Procedure 4.1. Patti B. Saris, Chair. 1. Amendment: Chapter One, Part A, Subpart 2 (Continuing Evolution and Role of the Guidelines) is amended by striking ‘‘127 S. Ct. 2456’’ and inserting ‘‘551 U.S. 338’’; by striking ‘‘2463’’ and inserting ‘‘347–48’’; by striking ‘‘wholesale,’ id.,’’ and inserting ‘‘wholesale[,]’ id. at 348’’; by striking ‘‘2464’’ and inserting ‘‘350’’; by striking ‘‘127 S. Ct. at 2465’’ both places such term appears and inserting ‘‘551 U.S. at 351’’; by striking ‘‘128 S. Ct. 586, 596’’ and inserting ‘‘552 U.S. 38, 49’’; by striking ‘‘128 S. Ct. at 597’’ and inserting ‘‘552 U.S. at 51’’; by striking ‘‘Id. at 2464’’ and inserting ‘‘Rita, 551 U.S. at 350’’; by striking ‘‘128 S. Ct. at 594’’ and inserting ‘‘552 U.S. at 46’’; by striking ‘‘128 S. Ct. 558’’ and inserting ‘‘552 U.S. 85’’; and by striking ‘‘571’’ and inserting ‘‘103’’. The Commentary to § 1B1.1 captioned ‘‘Background’’ is amended by striking ‘‘128 S. Ct. 2198, 2200–03’’ and inserting ‘‘553 U.S. 708, 709–16’’. The Commentary to § 1B1.10 captioned ‘‘Background’’ is amended by striking ‘‘130 S. Ct. 2683’’ and inserting ‘‘560 U.S. 817’’. The Commentary to § 2M3.1 captioned ‘‘Application Notes’’ is amended by striking ‘‘50 U.S.C. § 435 note’’ and inserting ‘‘50 U.S.C. § 3161 note’’. The Commentary to § 5G1.3 captioned ‘‘Application Notes’’ is amended in Note 2(A) by striking ‘‘subsection (c)’’ and inserting ‘‘subsection (d)’’. Reason for Amendment: This proposed amendment makes certain technical changes to the Introduction and the Commentary in the Guidelines Manual. First, the proposed amendment makes clerical changes to provide U.S. Reports citations for certain Supreme Court cases. The changes are made to— (1) Subpart 2 of Part A of Chapter One (Introduction, Authority, and General Application Principles); (2) the Background Commentary to § 1B1.1 (Application Instructions); and (3) the Background Commentary to § 1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)). Second, the proposed amendment makes a clerical change to Application PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 Note 1 to § 2M3.1 (Gathering or Transmitting National Defense Information to Aid a Foreign Government) to reflect the editorial reclassification of a section in the United States Code. Finally, the proposed amendment makes a technical and conforming change to Application Note 2(A) to § 5G1.3 (Imposition of a Sentence on a Defendant Subject to an Undischarged Term of Imprisonment) to reflect that subsection (c) was redesignated as subsection (d) by Amendment 8 of the amendments submitted by the Commission to Congress on April 30, 2014, 79 FR 25996 (May 6, 2014). [FR Doc. 2014–19764 Filed 8–19–14; 8:45 am] BILLING CODE 2210–40–P UNITED STATES SENTENCING COMMISSION Possible Formation of Tribal Issues Advisory Group United States Sentencing Commission. ACTION: Request for public comment on possible formation of Tribal Issues Advisory Group. AGENCY: The Commission is interested in forming a new Tribal Issues Advisory Group, on an ad hoc or continuing basis, or establishing other means to study issues that have been raised in recent years related to the operation of the federal sentencing guidelines in Indian Country and areas that have significant American Indian population. Therefore, the Commission hereby requests comment on the merits of forming such a group, including comment on the scope, duration, and potential membership of any such advisory group. SUMMARY: Public comment should be received on or before October 20, 2014. ADDRESSES: Comments should be sent to the Commission by electronic mail or regular mail. The email address is pubaffairs@ussc.gov. The regular mail address is United States Sentencing Commission, One Columbus Circle NE., Suite 2–500, South Lobby, Washington, DC 20002–8002, Attention: Public Affairs—Tribal Issues Comment. FOR FURTHER INFORMATION CONTACT: Jeanne Doherty, Public Affairs Officer, 202–502–4502, jdoherty@ussc.gov. 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 DATES: E:\FR\FM\20AUN1.SGM 20AUN1

Agencies

[Federal Register Volume 79, Number 161 (Wednesday, August 20, 2014)]
[Notices]
[Page 49380]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19764]



[[Page 49380]]

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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, 2014.

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SUMMARY: On April 30, 2014, the Commission submitted to the Congress 
amendments to the sentencing guidelines and official commentary, which 
become effective on November 1, 2014, unless Congress acts to the 
contrary. Such amendments and the reasons for amendment subsequently 
were published in the Federal Register. 79 FR 25996 (May 6, 2014). 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, 
2014, for the amendments set forth in this notice.

FOR FURTHER INFORMATION CONTACT: Jeanne Doherty, Public Affairs 
Officer, (202) 502-4502, jdoherty@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 
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, 2014.

    Authority: USSC Rules of Practice and Procedure 4.1.

Patti B. Saris,
Chair.

    1. Amendment:
    Chapter One, Part A, Subpart 2 (Continuing Evolution and Role of 
the Guidelines) is amended by striking ``127 S. Ct. 2456'' and 
inserting ``551 U.S. 338''; by striking ``2463'' and inserting ``347-
48''; by striking ``wholesale,' id.,'' and inserting ``wholesale[,]' 
id. at 348''; by striking ``2464'' and inserting ``350''; by striking 
``127 S. Ct. at 2465'' both places such term appears and inserting 
``551 U.S. at 351''; by striking ``128 S. Ct. 586, 596'' and inserting 
``552 U.S. 38, 49''; by striking ``128 S. Ct. at 597'' and inserting 
``552 U.S. at 51''; by striking ``Id. at 2464'' and inserting ``Rita, 
551 U.S. at 350''; by striking ``128 S. Ct. at 594'' and inserting 
``552 U.S. at 46''; by striking ``128 S. Ct. 558'' and inserting ``552 
U.S. 85''; and by striking ``571'' and inserting ``103''.
    The Commentary to Sec.  1B1.1 captioned ``Background'' is amended 
by striking ``128 S. Ct. 2198, 2200-03'' and inserting ``553 U.S. 708, 
709-16''.
    The Commentary to Sec.  1B1.10 captioned ``Background'' is amended 
by striking ``130 S. Ct. 2683'' and inserting ``560 U.S. 817''.
    The Commentary to Sec.  2M3.1 captioned ``Application Notes'' is 
amended by striking ``50 U.S.C. Sec.  435 note'' and inserting ``50 
U.S.C. Sec.  3161 note''.
    The Commentary to Sec.  5G1.3 captioned ``Application Notes'' is 
amended in Note 2(A) by striking ``subsection (c)'' and inserting 
``subsection (d)''.
    Reason for Amendment:
    This proposed amendment makes certain technical changes to the 
Introduction and the Commentary in the Guidelines Manual.
    First, the proposed amendment makes clerical changes to provide 
U.S. Reports citations for certain Supreme Court cases. The changes are 
made to--
    (1) Subpart 2 of Part A of Chapter One (Introduction, Authority, 
and General Application Principles);
    (2) the Background Commentary to Sec.  1B1.1 (Application 
Instructions); and
    (3) the Background Commentary to Sec.  1B1.10 (Reduction in Term of 
Imprisonment as a Result of Amended Guideline Range (Policy 
Statement)).
    Second, the proposed amendment makes a clerical change to 
Application Note 1 to Sec.  2M3.1 (Gathering or Transmitting National 
Defense Information to Aid a Foreign Government) to reflect the 
editorial reclassification of a section in the United States Code.
    Finally, the proposed amendment makes a technical and conforming 
change to Application Note 2(A) to Sec.  5G1.3 (Imposition of a 
Sentence on a Defendant Subject to an Undischarged Term of 
Imprisonment) to reflect that subsection (c) was redesignated as 
subsection (d) by Amendment 8 of the amendments submitted by the 
Commission to Congress on April 30, 2014, 79 FR 25996 (May 6, 2014).

[FR Doc. 2014-19764 Filed 8-19-14; 8:45 am]
BILLING CODE 2210-40-P