Sentencing Guidelines for United States Courts, 49312-49313 [2015-20108]

Download as PDF 49312 Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Notices All filings in response to this notice must refer to Docket AB 1235X and must be sent to: (1) Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001; and (2) John K. Fiorilla, Esq., Capehart Scatchard, 8000 Midlantic Drive, Suite 300, Mt. Laurel, NJ 08054. Replies to the petition are due on or before September 8, 2015. Persons seeking further information concerning discontinuance procedures may contact the Board’s Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245–0238 or refer to the full abandonment and discontinuance regulations at 49 CFR pt. 1152. Questions concerning environmental issues may be directed to the Board’s Office of Environmental Analysis (OEA) at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1– 800–877–8339. Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV. Decided: August 12, 2015. By the Board, Rachel D. Campbell, Director, Office of Proceedings Kenyatta Clay, Clearance Clerk. [FR Doc. 2015–20214 Filed 8–14–15; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Office of the Secretary [Docket No. DOT–OST–2012–0087] Advisory Committee for Aviation Consumer Protection Office of the Secretary (OST), Department of Transportation (DOT). ACTION: Notice of ninth meeting of advisory committee. AGENCY: This notice announces the ninth meeting of the Advisory Committee for Aviation Consumer Protection. DATES: The ninth meeting of the advisory committee is scheduled for September 1, 2015, from 10:00 a.m. to 12:00 p.m., Eastern Time. ADDRESSES: The meeting will be held in the Media Center (located on the lobby level of the West Building) at the U.S. Department of Transportation (DOT) headquarters, 1200 New Jersey Avenue SE., Washington, DC. Attendance is open to the public up to the room’s capacity of 100 attendees. Since space is limited and access to the DOT headquarters building is controlled for mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:57 Aug 14, 2015 Jkt 235001 security purposes, any member of the general public who plans to attend this meeting must notify the registration contact identified below no later than August 25, 2015. FOR FURTHER INFORMATION CONTACT: To register to attend the meeting, please contact Amy Przybyla, Research Analyst, CENTRA Technology, Inc., przybylaa@centratechnology.com; 703– 894–6962. For other information please contact Amna Arshad, Senior Attorney, Office of Aviation Enforcement and Proceedings, amna.arshad@dot.gov; U.S. Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC, 20590; 202–366–9342 (phone), 202– 366–5944 (fax). SUPPLEMENTARY INFORMATION: On May 24, 2012, the Secretary, as mandated by Section 411 of the FAA Modernization and Reform Act of 2012 (Pub. L. 112– 95, 126 Stat. 11 (2012)), established the Advisory Committee for Aviation Consumer Protection. The committee’s charter, drafted in accordance with the Federal Advisory Committee Act, as amended, 5 U.S.C. App. 2, sets forth policies for the operation of the advisory committee and is available on the Department’s Web site at https:// www.facadatabase.gov/committee/ charters.aspx?cid=2448&aid=47. The ninth meeting of the committee is scheduled to take place from 10:00 a.m. to 12:00 p.m. Eastern Time on September 1, 2015, in the Media Center at the DOT headquarters, 1200 New Jersey Avenue SE., Washington, DC 20590. The committee will discuss the recommendations submitted to it during the past three public meetings on the following subjects: Voice calls, government-imposed taxes and fees, airline mergers and consolidations, space allocated per passenger on aircraft, airline frequent flyer programs, airline change/cancellation fees, mandatory hotel resort fees, and baggage allowances, fees and interlining. The committee will also provide its preliminary recommendations to the Department which will form the basis for a report to the Secretary on improvements to existing aviation consumer protection programs. This meeting will be open to the public and comments by members of the public are invited. Attendance will necessarily be limited by the size of the meeting room (maximum 100 attendees). We ask that any member of the general public who plans to attend the ninth meeting notify the registration contact noted above no later than August 25, 2015. Additionally, DOT will stream the event live on the Internet and provide a link to the recorded webcast for future PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 viewing at www.dot.gov/airconsumer/ ACACP. Members of the public may present written comments at any time. The docket number referenced above (DOT– OST–2012–0087, available at https:// www.regulations.gov) has been established for committee documents including any written comments that may be filed. Persons with a disability who plan to attend the meeting and require special accommodations, such as an interpreter for the hearing impaired, should notify the registration contact noted above no later than August 25, 2015. Notice of this meeting is being provided in accordance with the Federal Advisory Committee Act and the General Services Administration regulations covering management of Federal advisory committees. (41 CFR part 102–3.) Issued in Washington, DC, on August 11, 2015. Blane A. Workie, Assistant General Counsel for Aviation Enforcement & Proceedings, U.S. Department of Transportation. [FR Doc. 2015–20190 Filed 8–14–15; 8:45 am] BILLING CODE 4910–9X–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, 2015. AGENCY: On April 30, 2015, the Commission submitted to the Congress amendments to the sentencing guidelines and official commentary, which become effective on November 1, 2015, unless Congress acts to the contrary. Such amendments and the reasons for amendment subsequently were published in the Federal Register. 80 FR 25782 (May 5, 2015). 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, 2015, for the amendments set forth in this notice. DATES: FOR FURTHER INFORMATION CONTACT: Jeanne Doherty, Public Affairs Officer, (202) 502–4502, jdoherty@ussc.gov. E:\FR\FM\17AUN1.SGM 17AUN1 49313 Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Notices 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 generally submits guideline amendments to Congress pursuant to 28 U.S.C. 994(p) not later than the first day of May each year. Absent action of Congress to the contrary, submitted amendments become effective by operation of law on the date specified by the Commission (generally November 1 of the year in which the amendments are submitted to Congress). 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, 2015. SUPPLEMENTARY INFORMATION: Authority: USSC Rules of Practice and Procedure 4.1. Patti B. Saris, Chair. mstockstill on DSK4VPTVN1PROD with NOTICES 1. Amendment: The Commentary to § 1B1.3 captioned ‘‘Application Notes’’, as amended by Amendment 1 of the amendments submitted to Congress on April 30, 2015, is further amended in Note 1 by inserting as the heading the following: ‘‘Sentencing Accountability and Criminal Liability.—’’. The Commentary to § 1B1.3 captioned ‘‘Application Notes’’, as amended by Amendment 1 of the amendments submitted to Congress on April 30, 2015, is further amended by renumbering Notes 5 through 12 according to the following table: Before amendment 5 ................................ 11 .............................. 11(A) ......................... 11(B) ......................... 10 .............................. 6 ................................ 7 ................................ VerDate Sep<11>2014 After amendment 5(A) 5(B) 5(B)(i) 5(B)(ii) 5(C) 6(A) 6(B) 16:57 Aug 14, 2015 Jkt 235001 Before amendment 8 ................................ 9 ................................ 12 .............................. After amendment 7 8 9 and by rearranging those Notes, as so renumbered, to place them in proper numerical order. The Commentary to § 1B1.3 captioned ‘‘Application Notes’’, as so renumbered and rearranged, is further amended by inserting headings at the beginning of certain notes, as follows (with Notes referred to by their new numbers): Note Heading to be inserted at the beginning 5 ........ 5(A) ... Application of Subsection (a)(2).— Relationship to Grouping of Multiple Counts.— ‘‘Same Course of Conduct or Common Scheme or Plan’’.— Conduct Associated with a Prior Sentence.— Application of Subsection (a)(3).— Definition of ‘‘Harm’’.— Risk or Danger of Harm.— Factors Requiring Conviction under a Specific Statute.— Partially Completed Offense.— Solicitation, Misprision, or Accessory After the Fact.— 5(B) ... 5(C) ... 6 ........ 6(A) ... 6(B) ... 7 ........ 8 ........ 9 ........ The Commentary to § 2D1.1 captioned ‘‘Application Notes’’, is amended in Note 8(D), in the heading relating to Date Rape Drugs (except flunitrazipam, GHB, or ketamine), by striking ‘‘flunitrazipam’’ and inserting ‘‘flunitrazepam’’. The Commentary to § 2K2.1 captioned ‘‘Application Notes’’, as amended by Amendment 1 of the amendments submitted to Congress on April 30, 2015, is further amended in Note 14(E) by striking ‘‘Application Note 11’’ both places such term appears and inserting ‘‘Application Note 5(B)’’. The Commentary to § 2X3.1 captioned ‘‘Application Notes’’, as amended by Amendment 1 of the amendments submitted to Congress on April 30, 2015, is further amended in Note 1 by striking ‘‘Application Note 12’’ and inserting ‘‘Application Note 9’’. The Commentary to § 2X4.1 captioned ‘‘Application Notes’’, as amended by Amendment 1 of the amendments submitted to Congress on April 30, 2015, is further amended in Note 1 by striking ‘‘Application Note 12’’ and inserting ‘‘Application Note 9’’. The Commentary to § 8C2.8 captioned ‘‘Application Notes’’ is amended in Note 7 by striking the period at the end and inserting ‘‘).’’. Reason for Amendment: This amendment makes certain technical and PO 00000 Frm 00116 Fmt 4703 Sfmt 9990 conforming changes to commentary in the Guidelines Manual. First, the amendment reorganizes the commentary to § 1B1.3 (Relevant Conduct (Factors that Determine the Guideline Range)), so that the order of the application notes better reflects the order of the guideline provisions to which they relate. The Commission had previously reorganized notes 1 and 2 into notes 1 through 4, also redesignating notes 3 through 10 as notes 5 through 12, in a recently promulgated amendment. See Amendment 1 of the amendments submitted by the Commission to Congress on April 30, 2015, 80 FR 25782 (May 5, 2015). This amendment further rearranges the commentary, specifically notes 5 through 12. The following table shows the renumbering of notes 5 through 12 that would result from the amendment in comparison to the current Guidelines Manual and the recently promulgated amendment to § 1B1.3. 2014 Guidelines Manual Recently Promulgated Amendment 3 ................ 9 ................ 8 ................ 4 ................ 5 ................ 6 ................ 7 ................ 10 .............. Technical Amendment 5 11 10 6 7 8 9 12 5(A) 5(B) 5(C) 6(A) 6(B) 7 8 9 The amendment also makes stylistic changes to the commentary to § 1B1.3, such as adding headings to certain application notes. To reflect the renumbering of application notes in § 1B1.3, conforming changes are also made to the commentary to §§ 2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition; Prohibited Transactions Involving Firearms or Ammunition), 2X3.1 (Accessory After the Fact), and 2X4.1 (Misprision of Felony). Second, the amendment makes clerical changes to correct typographical errors in Application Note 8(D) to § 2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy) and Application Note 7 to § 8C2.8 (Determining the Fine Within the Range (Policy Statement)). [FR Doc. 2015–20108 Filed 8–14–15; 8:45 am] BILLING CODE 2210–40–P E:\FR\FM\17AUN1.SGM 17AUN1

Agencies

[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)]
[Notices]
[Pages 49312-49313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20108]


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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, 2015.

-----------------------------------------------------------------------

SUMMARY: On April 30, 2015, the Commission submitted to the Congress 
amendments to the sentencing guidelines and official commentary, which 
become effective on November 1, 2015, unless Congress acts to the 
contrary. Such amendments and the reasons for amendment subsequently 
were published in the Federal Register. 80 FR 25782 (May 5, 2015). 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, 
2015, for the amendments set forth in this notice.

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

[[Page 49313]]


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 generally 
submits guideline amendments to Congress pursuant to 28 U.S.C. 994(p) 
not later than the first day of May each year. Absent action of 
Congress to the contrary, submitted amendments become effective by 
operation of law on the date specified by the Commission (generally 
November 1 of the year in which the amendments are submitted to 
Congress). See 28 U.S.C. Sec.  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, 2015.

    Authority:  USSC Rules of Practice and Procedure 4.1.

Patti B. Saris,
Chair.
    1. Amendment:
    The Commentary to Sec.  1B1.3 captioned ``Application Notes'', as 
amended by Amendment 1 of the amendments submitted to Congress on April 
30, 2015, is further amended in Note 1 by inserting as the heading the 
following: ``Sentencing Accountability and Criminal Liability.--''.
    The Commentary to Sec.  1B1.3 captioned ``Application Notes'', as 
amended by Amendment 1 of the amendments submitted to Congress on April 
30, 2015, is further amended by renumbering Notes 5 through 12 
according to the following table:

------------------------------------------------------------------------
             Before amendment                      After amendment
------------------------------------------------------------------------
5.........................................  5(A)
11........................................  5(B)
11(A).....................................  5(B)(i)
11(B).....................................  5(B)(ii)
10........................................  5(C)
6.........................................  6(A)
7.........................................  6(B)
8.........................................  7
9.........................................  8
12........................................  9
------------------------------------------------------------------------

and by rearranging those Notes, as so renumbered, to place them in 
proper numerical order.
    The Commentary to Sec.  1B1.3 captioned ``Application Notes'', as 
so renumbered and rearranged, is further amended by inserting headings 
at the beginning of certain notes, as follows (with Notes referred to 
by their new numbers):

------------------------------------------------------------------------
                                       Heading to be inserted at the
              Note                               beginning
------------------------------------------------------------------------
5...............................  Application of Subsection (a)(2).--
5(A)............................  Relationship to Grouping of Multiple
                                   Counts.--
5(B)............................  ``Same Course of Conduct or Common
                                   Scheme or Plan''.--
5(C)............................  Conduct Associated with a Prior
                                   Sentence.--
6...............................  Application of Subsection (a)(3).--
6(A)............................  Definition of ``Harm''.--
6(B)............................  Risk or Danger of Harm.--
7...............................  Factors Requiring Conviction under a
                                   Specific Statute.--
8...............................  Partially Completed Offense.--
9...............................  Solicitation, Misprision, or Accessory
                                   After the Fact.--
------------------------------------------------------------------------

    The Commentary to Sec.  2D1.1 captioned ``Application Notes'', is 
amended in Note 8(D), in the heading relating to Date Rape Drugs 
(except flunitrazipam, GHB, or ketamine), by striking ``flunitrazipam'' 
and inserting ``flunitrazepam''.
    The Commentary to Sec.  2K2.1 captioned ``Application Notes'', as 
amended by Amendment 1 of the amendments submitted to Congress on April 
30, 2015, is further amended in Note 14(E) by striking ``Application 
Note 11'' both places such term appears and inserting ``Application 
Note 5(B)''.
    The Commentary to Sec.  2X3.1 captioned ``Application Notes'', as 
amended by Amendment 1 of the amendments submitted to Congress on April 
30, 2015, is further amended in Note 1 by striking ``Application Note 
12'' and inserting ``Application Note 9''.
    The Commentary to Sec.  2X4.1 captioned ``Application Notes'', as 
amended by Amendment 1 of the amendments submitted to Congress on April 
30, 2015, is further amended in Note 1 by striking ``Application Note 
12'' and inserting ``Application Note 9''.
    The Commentary to Sec.  8C2.8 captioned ``Application Notes'' is 
amended in Note 7 by striking the period at the end and inserting 
``).''.
    Reason for Amendment: This amendment makes certain technical and 
conforming changes to commentary in the Guidelines Manual.
    First, the amendment reorganizes the commentary to Sec.  1B1.3 
(Relevant Conduct (Factors that Determine the Guideline Range)), so 
that the order of the application notes better reflects the order of 
the guideline provisions to which they relate. The Commission had 
previously reorganized notes 1 and 2 into notes 1 through 4, also 
redesignating notes 3 through 10 as notes 5 through 12, in a recently 
promulgated amendment. See Amendment 1 of the amendments submitted by 
the Commission to Congress on April 30, 2015, 80 FR 25782 (May 5, 
2015). This amendment further rearranges the commentary, specifically 
notes 5 through 12. The following table shows the renumbering of notes 
5 through 12 that would result from the amendment in comparison to the 
current Guidelines Manual and the recently promulgated amendment to 
Sec.  1B1.3.

------------------------------------------------------------------------
                                             Recently
         2014 Guidelines Manual             Promulgated      Technical
                                             Amendment       Amendment
------------------------------------------------------------------------
3.......................................               5            5(A)
9.......................................              11            5(B)
8.......................................              10            5(C)
4.......................................               6            6(A)
5.......................................               7            6(B)
6.......................................               8               7
7.......................................               9               8
10......................................              12               9
------------------------------------------------------------------------

    The amendment also makes stylistic changes to the commentary to 
Sec.  1B1.3, such as adding headings to certain application notes. To 
reflect the renumbering of application notes in Sec.  1B1.3, conforming 
changes are also made to the commentary to Sec. Sec.  2K2.1 (Unlawful 
Receipt, Possession, or Transportation of Firearms or Ammunition; 
Prohibited Transactions Involving Firearms or Ammunition), 2X3.1 
(Accessory After the Fact), and 2X4.1 (Misprision of Felony).
    Second, the amendment makes clerical changes to correct 
typographical errors in Application Note 8(D) to Sec.  2D1.1 (Unlawful 
Manufacturing, Importing, Exporting, or Trafficking (Including 
Possession with Intent to Commit These Offenses); Attempt or 
Conspiracy) and Application Note 7 to Sec.  8C2.8 (Determining the Fine 
Within the Range (Policy Statement)).

[FR Doc. 2015-20108 Filed 8-14-15; 8:45 am]
 BILLING CODE 2210-40-P
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