United States Sentencing Commission – Federal Register Recent Federal Regulation Documents

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Sentencing Guidelines for United States Courts
Document Number: 2012-20786
Type: Notice
Date: 2012-08-23
Agency: United States Sentencing Commission, Agencies and Commissions
On April 30, 2012, the Commission submitted to the Congress amendments to the sentencing guidelines and official commentary, which become effective on November 1, 2012, unless Congress acts to the contrary. Such amendments and the reasons for amendment subsequently were published in the Federal Register. 77 FR 28225 (May 11, 2012). The Commission has made technical and conforming amendments, set forth in this notice, to commentary provisions and policy statements related to those amendments.
Sentencing Guidelines for United States Courts
Document Number: 2012-12688
Type: Notice
Date: 2012-05-24
Agency: United States Sentencing Commission, Agencies and Commissions
In view of existing vacancies in the membership of the Victims Advisory Group, as well as anticipated vacancies in the membership of the advisory group because the terms of certain members are expiring as of December 2012, the Commission hereby invites any individual who has knowledge, expertise, and/or experience in the area of federal crime victimization to apply to be appointed to the membership of the advisory group. Applications should be received by the Commission not later than July 23, 2012. Applications may be sent to the address listed below.
Sentencing Guidelines for United States Courts
Document Number: 2012-12600
Type: Notice
Date: 2012-05-24
Agency: United States Sentencing Commission, Agencies and Commissions
Because the terms of certain voting members of the Practitioners Advisory Group are expiring as of October 2012, the United States Sentencing Commission hereby invites any individual who is eligible to be appointed to succeed such a voting member to apply. The voting memberships covered by this notice are four circuit memberships (for the First Circuit, Fifth Circuit, Tenth Circuit, and Eleventh Circuit) and one at-large membership. Applications should be received by the Commission not later than July 23, 2012. Applications may be sent to the address listed below.
Sentencing Guidelines for United States Courts
Document Number: 2012-886
Type: Notice
Date: 2012-01-19
Agency: United States Sentencing Commission, Agencies and Commissions
Pursuant to section 994(a), (o), and (p) of title 28, United States Code, the United States Sentencing Commission is considering promulgating certain amendments to the sentencing guidelines, policy statements, and commentary. This notice sets forth the proposed amendments and, for each proposed amendment, a synopsis of the issues addressed by that amendment. This notice also sets forth a number of issues for comment, some of which are set forth together with the proposed amendments; some of which are set forth independent of any proposed amendment; and one of which (regarding retroactive application of proposed amendments) is set forth in the SUPPLEMENTARY INFORMATION portion of this notice. The proposed amendments and issues for comment in this notice are as follows: (1) A proposed amendment on fraud and related offenses, including (A) An issue for comment in response to the issue of harm to the public and financial markets, as raised by each of two directives to the Commission in section 1079A of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111-203; (B) a proposed change to Sec. 2B1.4 (Insider Trading) to implement the directive in section 1079A(a)(1) of that Act, and related issues for comment on insider trading, securities fraud, and similar offenses; (C) proposed changes to Sec. 2B1.1 (Theft, Property Destruction, and Fraud) regarding mortgage fraud offenses to implement the directive in section 1079A(a)(2) of that Act, and a related issue for comment on mortgage fraud and financial institution fraud; and (D) issues for comment on the impact of the loss table in Sec. 2B1.1(b)(1) and the victims table in Sec. 2B1.1(b)(2) in cases involving relatively large loss amounts; (2) a proposed amendment on offenses involving controlled substances and chemical precursors, including (A) an issue for comment on offenses involving N-Benzylpiperazine (BZP); and (B) a proposed change to Sec. 2D1.11 (Unlawfully Distributing, Importing, Exporting or Possessing a Listed Chemical; Attempt or Conspiracy) that would create a guidelines ``safety valve'' provision for offenses involving chemical precursors that would be analogous to the provision in Sec. 2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy); (3) a proposed amendment on human rights offenses, including (A) a proposed guideline applicable to human rights offenses; (B) proposed changes to Sec. 2L2.1 (Trafficking in a Document Relating to Naturalization, Citizenship, or Legal Resident Status, or a United States Passport; False Statement in Respect to the Citizenship or Immigration Status of Another; Fraudulent Marriage to Assist Alien to Evade Immigration Law) and Sec. 2L2.2 (Fraudulently Acquiring Documents Relating to Naturalization, Citizenship, or Legal Resident Status for Own Use; False Personation or Fraudulent Marriage by Alien to Evade Immigration Law; Fraudulently Acquiring or Improperly Using a United States Passport) to address cases in which the offense of conviction is for immigration or naturalization fraud but the defendant had committed a serious human rights offense; and (C) related issues for comment on human rights offenses; (4) a proposed amendment to Sec. 2L1.2 (Unlawfully Entering or Remaining in the United States) to respond to a circuit conflict over application of the term ``sentence imposed'' in that guideline when the defendant's original ``sentence imposed'' was lengthened after the defendant was deported; (5) a proposed amendment presenting options for specifying the types of documents that may be considered in determining whether a particular prior conviction fits within a particular category of crimes for purposes of specific guideline provisions, and related issues for comment; (6) a proposed amendment to Sec. 4A1.2 (Definitions and Instructions for Computing Criminal History) to respond to an application issue regarding when a defendant's prior sentence for driving while intoxicated or driving under the influence (and similar offenses by whatever name they are known) is counted toward the defendant's criminal history score; (7) a proposed amendment to Sec. 4B1.2 (Definitions of Terms Used in Section 4B1.1) to respond to differences among the circuits on when, if at all, burglary of a non- dwelling qualifies as a crime of violence for purposes of the guidelines, and related issues for comment; (8) a proposed amendment to Sec. 5G1.2 (Sentencing on Multiple Counts of Conviction) to respond to an application issue regarding the applicable guideline range in a case in which the defendant is sentenced on multiple counts of conviction, at least one of which involves a mandatory minimum sentence that is greater than the minimum of the otherwise applicable guideline range; (9) a proposed amendment to Sec. 5K2.19 (Post-Sentencing Rehabilitative Efforts) to respond to Pepper v. United States, 131 S.Ct. 1229 (2011), which held, among other things, that a defendant's post-sentencing rehabilitative efforts may be considered when the defendant is resentenced after appeal; and (10) a proposed amendment in response to miscellaneous issues arising from legislation recently enacted, including (A) proposed changes to Sec. 2P1.2 (Providing or Possessing Contraband in Prison) to respond to the Cell Phone Contraband Act of 2010, Public Law 111-225, and (B) proposed changes to Appendix A (Statutory Index) to address certain criminal provisions in the Prevent All Cigarette Trafficking Act of 2009, Public Law 111-154, the Indian Arts and Crafts Amendments Act of 2010, Public Law 111-211, the Animal Crush Video Prohibition Act of 2010, Public Law 111-294, and certain other statutes, and a related issue for comment.
Sentencing Guidelines for United States Courts
Document Number: 2011-24201
Type: Notice
Date: 2011-09-21
Agency: United States Sentencing Commission, Agencies and Commissions
In July 2011, the Commission published a notice of possible policy priorities for the amendment cycle ending May 1, 2012. See 76 FR 45007 (July 17, 2011). 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.
Sentencing Guidelines for United States Courts
Document Number: 2011-24193
Type: Notice
Date: 2011-09-21
Agency: United States Sentencing Commission, Agencies and Commissions
On April 28, 2011, the Commission submitted to the Congress amendments to the sentencing guidelines and official commentary, which become effective on November 1, 2011, unless Congress acts to the contrary. Such amendments and the reasons for amendment subsequently were published in the Federal Register. 76 FR 24960 (May 3, 2011). The Commission has made technical and conforming amendments, set forth in this notice, to commentary provisions related to those amendments.
Sentencing Guidelines for United States Courts
Document Number: 2011-18931
Type: Notice
Date: 2011-07-27
Agency: United States Sentencing Commission, Agencies and Commissions
As part of its statutory authority and responsibility to analyze sentencing issues, including operation of the Federal sentencing guidelines, and in accordance with Rule 5.2 of its Rules of Practice and Procedure, the United States Sentencing Commission is seeking comment on possible priority policy issues for the amendment cycle ending May 1, 2012.
Sentencing Guidelines for the United States Courts
Document Number: 2011-17640
Type: Notice
Date: 2011-07-13
Agency: United States Sentencing Commission, Agencies and Commissions
The Sentencing Commission hereby gives notice of an amendment to a policy statement and commentary made pursuant to its authority under 28 U.S.C. 994(a) and (u). The Commission promulgated an amendment to Policy Statement 1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range) clarifying when, and to what extent, a sentencing reduction is considered consistent with the policy statement and therefore authorized under 18 U.S.C. 3582(c)(2). The amendment amends 1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range) (Policy Statement) in four ways. First, it expands the listing in 1B1.10(c) to include Amendment 750 (Parts A and C only) as an amendment that may be applied retroactively. Second, it amends 1B1.10 to change the limitations that apply in cases in which the term of imprisonment was less than the minimum of the applicable guideline range at the time of sentencing. Third, it amends the commentary to 1B1.10 to address an application issue about what constitutes the ``applicable guideline range'' for purposes of 1B1.10. Fourth, it adds an application note to 1B1.10 to specify that the court shall use the version of 1B1.10 that is in effect on the date on which the court reduces the defendant's term of imprisonment as provided by 18 U.S.C. 3582(c)(2).
Sentencing Guidelines for United States Courts
Document Number: 2011-16494
Type: Notice
Date: 2011-06-30
Agency: United States Sentencing Commission, Agencies and Commissions
Because the terms of certain voting members of the Practitioners Advisory Group are expiring as of October 2011, the United States Sentencing Commission hereby invites any individual who is eligible to be appointed to succeed such a voting member to apply. The voting memberships covered by this notice are two circuit memberships (for the Sixth Circuit and Seventh Circuit). Applications should be received by the Commission not later than August 29, 2011. Applications may be sent to the address listed below.
Sentencing Guidelines for United States Courts
Document Number: 2011-10725
Type: Notice
Date: 2011-05-03
Agency: United States Sentencing Commission, Agencies and Commissions
The United States Sentencing Commission hereby gives notice of the following actions: (1) Pursuant to its authority under 28 U.S.C. 994(p), the Commission has promulgated amendments to the sentencing guidelines, policy statements, commentary, and statutory index. This notice sets forth the amendments and the reason for each amendment. (2) Amendment 2, pertaining to drug offenses, has the effect of lowering guideline ranges. The Commission requests comment regarding whether that amendment should be included in subsection (c) of Sec. 1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)) as an amendment that may be applied retroactively to previously sentenced defendants. This notice sets forth the request for comment.
Sentencing Guidelines for United States Courts
Document Number: 2011-994
Type: Notice
Date: 2011-01-19
Agency: United States Sentencing Commission, Agencies and Commissions
Pursuant to section 994(a), (o), and (p) of title 28, United States Code, the United States Sentencing Commission is considering promulgating certain amendments to the sentencing guidelines, policy statements, and commentary. This notice sets forth the proposed amendments and, for each proposed amendment, a synopsis of the issues addressed by that amendment. This notice also sets forth a number of issues for comment, some of which are set forth together with the proposed amendments; some of which are set forth independent of any proposed amendment; and one of which (regarding retroactive application of proposed amendments) is set forth in the SUPPLEMENTARY INFORMATION portion of this notice. The proposed amendments and issues for comment in this notice are as follows: (1) A proposed amendment on drug trafficking, including (A) a proposal to repromulgate as a permanent amendment the emergency, temporary amendment in response to the Fair Sentencing Act of 2010, Public Law 111-220, regarding offenses involving crack cocaine and regarding certain aggravating and mitigating circumstances in drug trafficking cases, and (B) a proposed change to Sec. 2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy) to implement the directive in section 4 of the Secure and Responsible Drug Disposal Act of 2010, Public Law 111-273, and related issues for comment on drug trafficking; (2) a proposed amendment on firearms, including proposed changes to Sec. 2M5.2 (Exportation of Arms, Munitions, or Military Equipment or Services Without Required Validated Export License) regarding certain cases involving small arms and ammunition crossing the border and related issues for comment, including whether revisions to Sec. 2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition; Prohibited Transactions Involving Firearms or Ammunition) and related guidelines may be appropriate to address concerns about firearms crossing the border and straw purchasers; (3) a proposed amendment to Appendix A (Statutory Index) in response to the Dodd-Frank Wall Street Reform and Protection Act, Public Law 111-203, and issues for comment regarding the directives in section 1079A of that Act; (4) a proposed amendment to Sec. 2B1.1 (Theft, Property Destruction, and Fraud) to implement the directive in section 10606 of the Patient Protection and Affordable Care Act, Public Law 111-148, and a related issue for comment; (5) a proposed amendment on supervised release, including a proposed change to Sec. 5D1.1 (Imposition of a Term of Supervised Release) on cases in which the court is required by the guidelines to impose supervised release and a proposed change to Sec. 5D1.2 (Term of Supervised Release) on the minimum lengths required by that guideline for a term of supervised release, and related issues for comment; (6) a proposed amendment to Sec. 2L1.2 (Unlawfully Entering or Remaining in the United States) that would provide a limitation on the use of convictions under Sec. 2L1.2(b)(1)(A) and (B) in certain circumstances; (7) a proposed amendment to Sec. 2J1.1 (Contempt) that would address a circuit conflict on the applicability of a specific enhancement in a case involving the willful failure to pay court- ordered child support; (8) a proposed amendment in response to miscellaneous issues arising from legislation recently enacted and other miscellaneous guideline application issues, including proposed changes to the policy statement at Sec. 6B1.2 (Standards for Acceptance of Plea Agreements) in light of United States v. Booker, 543 U.S. 220 (2005), and proposed changes to Appendix A (Statutory Index) to address certain criminal provisions in the Coast Guard Authorization Act of 2010, Public Law 111-281; and (9) a proposed amendment in response to certain technical issues that have arisen in the guidelines.
Sentencing Guidelines for United States Courts
Document Number: 2010-27147
Type: Notice
Date: 2010-10-27
Agency: United States Sentencing Commission, Agencies and Commissions
Pursuant to section 8 of the Fair Sentencing Act of 2010, Public Law 111-220, the Commission hereby gives notice of a temporary, emergency amendment to the sentencing guidelines and commentary. This notice sets forth the temporary, emergency amendment and the reason for amendment. The specific amendment in this notice is as follows: An amendment regarding offenses involving crack cocaine (particularly offenses covered by Sec. Sec. 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 Sec. 2D1.1) to implement section 8 of the Fair Sentencing Act of 2010, Public Law 111-220.
Sentencing Guidelines for United States Courts
Document Number: 2010-22356
Type: Notice
Date: 2010-09-08
Agency: United States Sentencing Commission, Agencies and Commissions
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.
Sentencing Guidelines for United States Courts
Document Number: 2010-22343
Type: Notice
Date: 2010-09-08
Agency: United States Sentencing Commission, Agencies and Commissions
Because the terms of certain voting members of the Practitioners Advisory Group are expiring as of October 2010, the United States Sentencing Commission hereby invites any individual who is eligible to be appointed to succeed such a voting member to apply. The voting memberships covered by this notice are two circuit memberships (for the Second Circuit and District of Columbia Circuit) and one at-large voting membership. Applications should be received by the Commission not later than November 8, 2010. Applications may be sent to Michael Courlander at the address listed below.
Sentencing Guidelines for United States Courts
Document Number: 2010-22340
Type: Notice
Date: 2010-09-08
Agency: United States Sentencing Commission, Agencies and Commissions
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.
Sentencing Guidelines for United States Courts
Document Number: 2010-22337
Type: Notice
Date: 2010-09-08
Agency: United States Sentencing Commission, Agencies and Commissions
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 Sec. Sec. 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 Sec. 2D1.1) to implement section 8 of the Fair Sentencing Act of 2010, Public Law 111-220.
Sentencing Guidelines for United States Courts
Document Number: 2010-17515
Type: Notice
Date: 2010-07-19
Agency: United States Sentencing Commission, Agencies and Commissions
As part of its statutory authority and responsibility to analyze sentencing issues, including operation of the Federal sentencing guidelines, and in accordance with Rule 5.2 of its Rules of Practice and Procedure, the United States Sentencing Commission is seeking comment on possible priority policy issues for the amendment cycle ending May 1, 2011.
Sentencing Guidelines for United States Courts
Document Number: 2010-17291
Type: Notice
Date: 2010-07-15
Agency: United States Sentencing Commission, Agencies and Commissions
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). One of the amendments, specifically Amendment 5 pertaining to the use of recency as a factor in the calculation of the criminal history score, has the effect of lowering guideline ranges. The Commission requests comment regarding whether that amendment should be included in subsection (c) of Sec. 1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)) as an amendment that may be applied retroactively to previously sentenced defendants.
Sentencing Guidelines for United States Courts
Document Number: 2010-11552
Type: Notice
Date: 2010-05-14
Agency: United States Sentencing Commission, Agencies and Commissions
Pursuant to its authority under 28 U.S.C. 994(p), the Commission has promulgated amendments to the sentencing guidelines, policy statements, commentary, and statutory index. This notice sets forth the amendments and the reason for each amendment.
Sentencing Guidelines for United States Courts
Document Number: 2010-970
Type: Notice
Date: 2010-01-21
Agency: United States Sentencing Commission, Agencies and Commissions
Pursuant to section 994(a), (o), and (p) of title 28, United States Code, the United States Sentencing Commission is considering promulgating certain amendments to the sentencing guidelines, policy statements, and commentary. This notice sets forth the proposed amendments and, for each proposed amendment, a synopsis of the issues
Sentencing Guidelines for United States Courts
Document Number: E9-23574
Type: Notice
Date: 2009-09-30
Agency: United States Sentencing Commission, Agencies and Commissions
The United States Sentencing Commission is issuing this notice to advise the public that the application period for membership in the Victims Advisory Group has been extended to November 30, 2009. The deadline was originally August 10, 2009.
Sentencing Guidelines for United States Courts
Document Number: E9-21721
Type: Notice
Date: 2009-09-09
Agency: United States Sentencing Commission, Agencies and Commissions
On May 1, 2009, the Commission submitted to Congress amendments to the Federal sentencing guidelines and published these amendments in the Federal Register on May 8, 2009. See 74 FR 21750. The Commission has made technical and conforming amendments, set forth in this notice, to commentary provisions related to those amendments.
Sentencing Guidelines for United States Courts
Document Number: E9-21720
Type: Notice
Date: 2009-09-09
Agency: United States Sentencing Commission, Agencies and Commissions
In June 2009, the Commission published a notice of possible policy priorities for the amendment cycle ending May 1, 2010. See 74 FR 29737 (June 23, 2009). 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.
Sentencing Guidelines for United States Courts
Document Number: E9-14685
Type: Notice
Date: 2009-06-23
Agency: United States Sentencing Commission, Agencies and Commissions
As part of its statutory authority and responsibility to analyze sentencing issues, including operation of the Federal sentencing guidelines, and in accordance with Rule 5.2 of its Rules of Practice and Procedure, the United States Sentencing Commission is seeking comment on possible priority policy issues for the amendment cycle ending May 1, 2010.
Sentencing Guidelines for United States Courts
Document Number: E9-13624
Type: Notice
Date: 2009-06-10
Agency: United States Sentencing Commission, Agencies and Commissions
On May 1, 2009, the Commission submitted to the Congress amendments to the sentencing guidelines and official commentary, which become effective on November 1, 2009, unless Congress acts to the contrary. Such amendments and the reasons for amendment subsequently were published in the Federal Register. 74 FR 21750 (May 8, 2009). One of the amendments, specifically Amendment 7 pertaining to the undue influence enhancement at subsection (b)(2)(B)(ii) of Sec. 2A3.2 (Criminal Sexual Abuse of a Minor Under the Age of Sixteen Years (Statutory Rape) or Attempt to Commit Such Acts) and at subsection (b)(2)(B) of Sec. 2G1.3 (Promoting a Commercial Sex Act or Prohibited Sexual Conduct with a Minor; Transportation of Minors to Engage in a Commercial Sex Act or Prohibited Sexual Conduct; Travel to Engage in Commercial Sex Act or Prohibited Sexual Conduct with a Minor; Sex Trafficking of Children; Use of Interstate Facilities to Transport Information about a Minor), has the effect of lowering guideline ranges. The Commission requests comment regarding whether that amendment should be included in subsection (c) of Sec. 1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)) as an amendment that may be applied retroactively to previously sentenced defendants.
Sentencing Guidelines for United States Courts
Document Number: E9-13622
Type: Notice
Date: 2009-06-10
Agency: United States Sentencing Commission, Agencies and Commissions
The Victims Advisory Group of the United States Sentencing Commission is a standing advisory group of the United States Sentencing Commission pursuant to 28 U.S.C. 995 and Rule 5.4 of the Commission's Rules of Practice and Procedure. Under the charter for the Victims Advisory Group, the purpose of the advisory group is (1) to assist the Commission in carrying out its statutory responsibilities under 28 U.S.C. 994(o); (2) to provide to the Commission its views on the Commission's activities and work, including proposed priorities and amendments, as they relate to victims of crime; (3) to disseminate information regarding sentencing issues to organizations represented by the Victims Advisory Group and to other victims of crime and victims advocacy groups, as appropriate; and (4) to perform any other functions related to victims of crime as the Commission requests. Under the charter, the advisory group consists of not more than nine members, each of whom may serve not more than two consecutive three-year terms. Each member is appointed by the Commission. In view of vacancies in the membership of the advisory group, the Commission hereby invites any individual who has knowledge, expertise, and/or experience in the area of federal crime victimization to apply to be appointed to the membership of the Victims Advisory Group. Applications should be received by the Commission not later than August 10, 2009. Applications
Sentencing Guidelines for United States Courts
Document Number: E9-10737
Type: Notice
Date: 2009-05-08
Agency: United States Sentencing Commission, Agencies and Commissions
Pursuant to its authority under 28 U.S.C. 994(p), the Commission has promulgated amendments to the sentencing guidelines, policy statements, commentary, and statutory index. This notice sets forth the amendments and the reason for each amendment.
Sentencing Guidelines for United States Courts
Document Number: E9-1642
Type: Notice
Date: 2009-01-27
Agency: United States Sentencing Commission, Agencies and Commissions
Pursuant to section 994(a), (o), and (p) of title 28, United States Code, the United States Sentencing Commission is considering promulgating certain amendments to the sentencing guidelines, policy statements, and commentary. This notice sets forth the proposed amendments and, for each proposed amendment, a synopsis of the issues addressed by that amendment. This notice also sets forth a number of issues for comment, some of which are set forth together with the proposed amendments; some of which are set forth independent of any proposed amendment; and one of which (regarding retroactive application of proposed amendments) is set forth in the SUPPLEMENTARY INFORMATION portion of this notice. The proposed amendments and issues for comment in this notice are as follows: (1) A proposed amendment in response to the Identity Theft Restitution and Enforcement Act of 2008, title II of Public Law 110- 326, including proposed changes to Sec. 2B1.1 (Larceny, Embezzlement, and Other Forms of Theft; Offenses Involving Stolen Property; Property Damage or Destruction; Fraud and Deceit; Forgery; Offenses Involving Altered or Counterfeit Instruments Other than Counterfeit Bearer Obligations of the United States), Sec. 2H3.1 (Interception of Communications; Eavesdropping; Disclosure of Certain Private or Protected Information), and Sec. 3B1.3 (Abuse of Position of Trust or Use of Special Skill), and issues for comment regarding the guidelines' treatment of offenses involving fraud, identity theft, computers, and communications; (2) a proposed amendment in response to the Ryan Haight Online Pharmacy Consumer Protection Act of 2008, Public Law 110-465, including proposed changes to Sec. 2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy) and Sec. 2D3.1 (Regulatory Offenses Involving Registration Numbers; Unlawful Advertising Relating to Schedule I Substances; Attempt or Conspiracy), and issues for comment regarding the guidelines' treatment of Schedule III, IV, and V controlled substance offenses; (3) a proposed amendment in response to the Drug Trafficking Vessel Interdiction Act of 2008, Public Law 110-407, including a proposed change to Sec. 2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy) and a proposed new guideline for offenses involving operating a submersible vessel or semi-submersible vessel without nationality, and issues for comment regarding the guidelines' treatment of such offenses; (4) an issue for comment in response to the Court Security Improvement Act of 2007, Public Law 110-177, regarding the guidelines' treatment of homicide, assault, and threat offenses; (5) an issue for comment in response to the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, Public Law 110-457, regarding the guidelines' treatment of alien harboring and human trafficking offenses; (6) a proposed amendment in response to miscellaneous issues arising from legislation recently enacted and other miscellaneous guideline application issues, including proposed changes to the guidelines' treatment of offenses involving contempt, consumer product safety, interest rate limitations, domestic violence, child soldiers, veterans' grave markers, child pornography, firearms, threats, and copyright infringement and the guidelines' treatment of probation and supervised release, and related issues for comment; (7) a proposed amendment to Sec. 2A3.2 (Criminal Sexual Abuse of a Minor Under the Age of Sixteen Years (Statutory Rape) or Attempt to Commit Such Acts) and Sec. 2G1.3 (Promoting a Commercial Sex Act or Prohibited Sexual Conduct with a Minor; Transportation of Minors to Engage in a Commercial Sex Act or Prohibited Sexual Conduct; Travel to Engage in Commercial Sex Act or Prohibited Sexual Conduct with a Minor; Sex Trafficking of Children; Use of Interstate Facilities to Transport Information about a Minor) in response to a circuit conflict regarding application of the undue influence enhancement in those guidelines, and a related issue for comment; (8) a proposed amendment to Sec. 3C1.3 (Commission of Offense While on Release) in response to an application issue regarding that guideline; (9) a proposed amendment in response to a circuit conflict regarding the guidelines' treatment of counterfeiting offenses involving ``bleached notes'', including a proposed change to Sec. 2B5.1 (Offenses Involving Counterfeit Bearer Obligations of the United States); and (10) a proposed amendment in response to certain technical issues that have arisen in the guidelines.
Sentencing Guidelines for United States Courts
Document Number: E9-1636
Type: Notice
Date: 2009-01-27
Agency: United States Sentencing Commission, Agencies and Commissions
The Practitioners Advisory Group of the United States Sentencing Commission is a standing advisory group of the United States Sentencing Commission pursuant to 28 U.S.C. 995 and Rule 5.4 of the Commission's Rules of Practice and Procedure. Having decided to adopt a formal charter for the Practitioners Advisory Group, the United States Sentencing Commission is reconstituting the voting membership of the advisory group under that charter. The purpose of the advisory group is (1) To assist the Commission in carrying out its statutory responsibilities under 28 U.S.C. 994(o); (2) to provide to the Commission its views on the Commission's activities and work, including proposed priorities and amendments; (3) to disseminate to defense attorneys, and to other professionals in the defense community, information regarding federal sentencing issues; and (4) to perform other related functions as the Commission requests. Under the charter, the advisory group will consist of not more than 17 voting members, each of whom may serve not more than two consecutive three-year terms. Of those 17 voting members, one shall be Chair, one shall be Vice Chair, 12 shall be circuit members (one for each federal judicial circuit other than the Federal Circuit), and three shall be at-large members. To be eligible to serve as a voting member, an individual must be an attorney who (1) Devotes a substantial portion of his or her professional work to advocating the interests of privately represented individuals, or of individuals represented by private practitioners through appointment under the Criminal Justice Act of 1964, within the federal criminal justice system; (2) has significant experience with federal sentencing or post-conviction issues related to criminal sentences; and (3) is in good standing of the highest court of the jurisdiction or jurisdictions in which he or she is admitted to practice. Additionally, to be eligible to serve as a circuit member, the individual's primary place of business or a substantial portion of his or her practice must be in the circuit concerned. Each voting member is appointed by the Commission. The Commission hereby invites any individual who is eligible to be appointed to the initial voting membership of the Practitioners Advisory Group to apply. Applications should be received by the Commission not later than March 30, 2009. Applications may be sent to Michael Courlander at the address listed below.
Sentencing Guidelines for United States Courts
Document Number: E8-22213
Type: Notice
Date: 2008-09-23
Agency: United States Sentencing Commission, Agencies and Commissions
In August 2008, the Commission published a notice of possible policy priorities for the amendment cycle ending May 1, 2009. See 72 FR 46341 (August 8, 2008). 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.
Sentencing Guidelines for United States Courts
Document Number: E8-21174
Type: Notice
Date: 2008-09-11
Agency: United States Sentencing Commission, Agencies and Commissions
On May 1, 2008, the Commission submitted to Congress amendments to the federal sentencing guidelines and published these amendments in the Federal Register on May 9, 2008. See 73 FR 26924. The Commission has made technical and conforming amendments, set forth in this notice, to commentary provisions related to those amendments.
Sentencing Guidelines for United States Courts
Document Number: E8-18288
Type: Notice
Date: 2008-08-08
Agency: United States Sentencing Commission, Agencies and Commissions
As part of its statutory authority and responsibility to analyze sentencing issues, including operation of the federal sentencing guidelines, and in accordance with Rule 5.2 of its Rules of Practice and Procedure, the Commission is seeking comment on possible priority policy issues for the amendment cycle ending May 1, 2009.
Sentencing Guidelines for United States Courts
Document Number: E8-10370
Type: Notice
Date: 2008-05-09
Agency: United States Sentencing Commission, Agencies and Commissions
Pursuant to its authority under 28 U.S.C. Sec. 994(p), the Commission has promulgated amendments to the sentencing guidelines, policy statements, commentary, and statutory index. This notice sets forth the amendments and the reason for each amendment.
Sentencing Guidelines for United States Courts
Document Number: E8-9372
Type: Notice
Date: 2008-04-30
Agency: United States Sentencing Commission, Agencies and Commissions
The Sentencing Commission hereby gives notice of amendments to the commentary to Sec. 2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy) and to policy statement Sec. 1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)) made pursuant to its authority under 28 U.S.C. 994(a), (o), and (u).
Sentencing Guidelines for United States Courts
Document Number: E8-1426
Type: Notice
Date: 2008-01-28
Agency: United States Sentencing Commission, Agencies and Commissions
This notice sets forth proposed amendments to the Commission's Rules of Practice and Procedure and a related issue for comment. The Commission invites public comment on these proposed amendments.
Sentencing Guidelines for United States Courts
Document Number: E8-1425
Type: Notice
Date: 2008-01-28
Agency: United States Sentencing Commission, Agencies and Commissions
Pursuant to section 994(a), (o), and (p) of title 28, United States Code, the United States Sentencing Commission is considering promulgating certain amendments to the sentencing guidelines, policy statements, and commentary. This notice sets forth the proposed amendments and, for each proposed amendment, a synopsis of the issues addressed by that amendment. This notice also provides multiple issues for comment, some of which are contained within proposed amendments. The specific proposed amendments and issues for comment in this notice are as follows: (1) Proposed amendment to Sec. 2B1.1 (Larceny, Embezzlement, and Other Forms of Theft; Offenses Involving Stolen Property; Property Damage or Destruction; Fraud and Deceit; Forgery; Offenses Involving Altered or Counterfeit Instruments Other than Counterfeit Bearer Obligations of the United States) and Appendix A repromulgating a temporary, emergency amendment implementing section 5 of the Emergency and Disaster Assistance Fraud Penalty Enhancement Act of 2007, Public Law 110-179, and related issues for comment; (2) a proposed amendment to Sec. 2C1.1 (Offering, Giving, Soliciting, or Receiving a Bribe; Extortion Under Color of Official Right; Fraud Involving the Deprivation of the Intangible Right to Honest Services of Public Officials; Conspiracy to Defraud by Interference with Governmental Functions) and Appendix A implementing the Honest Leadership and Open Government Act of 2007, Public Law 110-81; (3) a proposed amendment to Sec. Sec. 2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy), 2D1.2 (Drug Offenses Occurring Near Protected Locations or Involving Underage or Pregnant Individuals; Attempt or Conspiracy), 2N2.1 (Violations of Statutes and Regulations Dealing With Any Food, Drug, Biological Product, Device, Cosmetic, or Agricultural Product), and Appendix A regarding offenses involving human growth hormone (hGH) and offenses involving violations of certain food and drug safety laws, and related issues for comment; (4) a proposed amendment to Sec. 2E3.1 (Gambling Offenses) and Appendix A implementing the Animal Fighting Prohibition Enforcement Act of 2007, Public Law 110-22; (5) a proposed amendment making various technical amendments to the guidelines; (6) a proposed amendment to Sec. 4A1.2 (Definitions and Instructions for Computing Criminal History); (7) a proposed amendment to Sec. 2L1.2 (Unlawfully Entering or Remaining in the United States) and a related issue for comment; and (8) issues for comment regarding a directive and two new offenses created by the Court Security Improvement Act of 2007, Public Law 110- 177.
Sentencing Guidelines for United States Courts
Document Number: E8-889
Type: Notice
Date: 2008-01-18
Agency: United States Sentencing Commission, Agencies and Commissions
Pursuant to section 5(c) of the Emergency and Disaster Assistance Fraud Penalty Enhancement Act of 2007, Public Law 110-179, the Commission hereby gives notice of a temporary, emergency amendment to the sentencing guidelines and commentary. This notice sets forth the temporary, emergency amendment and the reason for amendment.
Sentencing Guidelines for the United States Courts
Document Number: E7-25483
Type: Notice
Date: 2008-01-02
Agency: United States Sentencing Commission, Agencies and Commissions
The Sentencing Commission hereby gives notice of amendments to a policy statement and commentary made pursuant to its authority under 28 U.S.C. 994(a) and (u). The Commission promulgated an amendment to Policy Statement Sec. 1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range) clarifying when, and to what extent, a sentencing reduction is considered consistent with the policy statement and therefore authorized under 18 U.S.C. 3582(c)(2). The Commission also has reviewed amendments submitted to Congress on May 1, 2007, that may result in a lower guideline range and has designated Amendment 706, as amended by Amendment 711, for inclusion in Policy Statement Sec. 1B1.10 as an amendment that may be applied retroactively.
Sentencing Guidelines for United States Courts
Document Number: E7-20264
Type: Notice
Date: 2007-10-15
Agency: United States Sentencing Commission, Agencies and Commissions
The Commission has scheduled a public hearing regarding whether Amendment 9 pertaining to offenses involving cocaine base (``crack'') and Amendment 12 pertaining to certain criminal history rules, see 72 FR 28558 (May 21, 2007); 72 FR 51882 (September 11, 2007), should be applied retroactively to previously sentenced defendants.
Sentencing Guidelines for United States Courts
Document Number: E7-19117
Type: Notice
Date: 2007-09-27
Agency: United States Sentencing Commission, Agencies and Commissions
The United States Sentencing Commission submitted a series of amendments to the federal sentencing guidelines to Congress on May 1, 2007. Notice of such amendments was published in the Federal Register on May 21, 2007 (72 FR 28558). On July 31, 2007, the Commission published a notice (72 FR 41794) requesting comment regarding whether either Amendment 9, which pertains to offenses involving cocaine base (``crack''), or Amendment 12, which pertains to certain criminal history rules, should be included in subsection (c) of Sec. 1B1.10 [Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)] as amendments that may be applied retroactively to previously sentenced defendants. The Commission further requested comment regarding whether, if it amends Sec. 1B1.10(c) to include either amendment, it also should amend Sec. 1B1.10 to provide guidance to the courts on the procedure to be used when applying an amendment retroactively under 18 U.S.C. 3582(c)(2). The Commission is issuing this notice to advise the public that the period for public comment regarding retroactivity has been extended to November 1, 2007. The deadline was initially October 1, 2007. The Commission plans to publish on its Web site, http:// www.ussc.gov, data related to possible retroactivity that may assist interested parties in preparing their comment. This comment period is extended to ensure sufficient time for interested parties to consider any such data and to submit comment for Commission review and consideration.
Sentencing Guidelines for United States Courts
Document Number: E7-17799
Type: Notice
Date: 2007-09-11
Agency: United States Sentencing Commission, Agencies and Commissions
In July 2007, the Commission published a notice of possible policy priorities for the amendment cycle ending May 1, 2008. See 72 FR 41795 (July 31, 2007). 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.
Sentencing Guidelines for United States Courts
Document Number: E7-17798
Type: Notice
Date: 2007-09-11
Agency: United States Sentencing Commission, Agencies and Commissions
The United States Sentencing Commission is issuing this notice to advise the public that the application period for membership in the Victims Advisory Group has been extended to November 13, 2007. The deadline was originally July 30, 2007. This comment period is extended to ensure full dissemination of the information surrounding this group's inception to all appropriate parties and sufficient time for those parties to apply for membership.
Sentencing Guidelines for United States Courts
Document Number: E7-17796
Type: Notice
Date: 2007-09-11
Agency: United States Sentencing Commission, Agencies and Commissions
On May 1, 2007, the Commission submitted to Congress amendments to the federal sentencing guidelines and published these amendments in the Federal Register on May 21, 2007. See 72 FR 28558. The Commission has made technical and conforming amendments, set forth in this notice, to commentary provisions related to those amendments.
Sentencing Guidelines for United States Courts
Document Number: E7-14829
Type: Notice
Date: 2007-07-31
Agency: United States Sentencing Commission, Agencies and Commissions
As part of its statutory authority and responsibility to analyze sentencing issues, including operation of the federal sentencing guidelines, and in accordance with Rule 5.2 of its Rules of Practice and Procedure, the Commission is seeking comment on possible priority policy issues for the amendment cycle ending May 1, 2008.
Sentencing Guidelines for United States Courts
Document Number: 07-3734
Type: Notice
Date: 2007-07-31
Agency: United States Sentencing Commission, Agencies and Commissions
On May 1, 2007, the Commission submitted to the Congress amendments to the sentencing guidelines and official commentary, which become effective on November 1, 2007, unless Congress acts to the contrary. Such amendments and the reasons for amendment subsequently were published in the Federal Register. 72 FR 28558 (May 21, 2007). Two of the amendments, specifically Amendment 9 pertaining to offenses involving cocaine base (``crack'') and Amendment 12 pertaining to certain criminal history rules, have the effect of lowering guideline ranges. The Commission requests comment regarding whether either amendment should be included in subsection (c) of Sec. 1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)) as amendments that may be applied retroactively to previously sentenced defendants. The Commission also requests comment regarding whether, if it amends Sec. 1B1.10(c) to include either amendment, it also should amend Sec. 1B1.10 to provide guidance to the courts on the procedure to be used when applying an amendment retroactively under 18 U.S.C. 3582(c)(2).
Sentencing Guidelines for United States Courts
Document Number: E7-11804
Type: Notice
Date: 2007-06-19
Agency: United States Sentencing Commission, Agencies and Commissions
After considering the request of the Judicial Conference of the United States regarding the formation of a victims advisory group, the United States Sentencing Commission has decided to establish a standing victims advisory group pursuant to 28 U.S.C. 995 and Rule 5.4 of the Commission's Rules of Practice and Procedure. The purpose of the advisory group is (1) to assist the Commission in carrying out its statutory responsibilities under 28 U.S.C. 994(o); (2) to provide the Commission its views on the Commission's activities as they relate to victims of crime; (3) to disseminate information regarding sentencing issues to organizations represented by the advisory group and to other victims of crime and victims advocacy groups, as appropriate; and (4) to perform any other functions related to victims of crime as the Commission requests. The Commission anticipates that the victims advisory group will consist of not more than 9 members, each of whom may serve not more than two consecutive 3-year terms. The Commission also anticipates establishing a charter for the victims advisory group to govern the group's activities. The Commission hereby requests comment on the potential membership of the victims advisory group. The Commission also invites any person or group who has knowledge, expertise, or experience in the area of federal crime victimization to apply to become a member of the advisory group. Requests to be considered for the initial membership of the victims advisory group must be received by the Commission not later than July 30, 2007. Applications may be sent to Michael Courlander at the address listed below. The Commission also hereby gives notice of a proposed amendment to its Rules of Practice and Procedure, at Rule 5.4, to include the victims advisory group as a standing advisory group of the Commission.
Sentencing Guidelines for United States Courts
Document Number: E7-9421
Type: Notice
Date: 2007-05-21
Agency: United States Sentencing Commission, Agencies and Commissions
Pursuant to its authority under 28 U.S.C. 994(p), the Commission has promulgated amendments to the sentencing guidelines, policy statements, commentary, and statutory index. This notice sets forth the amendments and the reason for each amendment.
Sentencing Guidelines for United States Courts
Document Number: E7-7915
Type: Notice
Date: 2007-04-25
Agency: United States Sentencing Commission, Agencies and Commissions
Pursuant to section 4 of the Telephone Records and Privacy Protection Act of 2006 (the ``Telephone Act''), Pub. L. 109-476, the Commission hereby gives notice of a temporary, emergency amendment to the sentencing guidelines, policy statements, and commentary. This notice sets forth the temporary, emergency amendment and the reason for amendment.
Sentencing Guidelines for United States Courts
Document Number: E7-1349
Type: Notice
Date: 2007-01-30
Agency: United States Sentencing Commission, Agencies and Commissions
Pursuant to section 994(a), (o), and (p) of title 28, United States Code, the United States Sentencing Commission is considering promulgating certain amendments to the sentencing guidelines, policy statements, and commentary. This notice sets forth the proposed amendments and, for each proposed amendment, a synopsis of the issues addressed by that amendment. This notice also provides multiple issues for comment, some of which are contained within proposed amendments. The specific proposed amendments and issues for comment in this notice are as follows: (A) Proposed amendment to Sec. Sec. 2A1.1 (First Degree Murder), 2A1.2 (Second Degree Murder), 2A1.3 (Voluntary Manslaughter), 2A1.4 (Involuntary Manslaughter), 2A2.1 (Assault with Intent to Commit Murder; Attempted Murder), 2A2.2 (Aggravated Assault), 2A2.3 (Minor Assault), 2A2.4 (Obstructing or Impeding Officers), 2A5.2 (Interference with Flight Crew Member or Flight Attendant; Interference with Dispatch, Operation, or Maintenance of Mass Transportation Vehicle or a Ferry), 2A6.1 (Threatening or Harrassing Communications; Hoaxes), 2B1.1 (Fraud, Theft, and Property Damage), 2C1.1 (Offering, Giving, Soliciting, or Receiving a Bribe; Extortion Under Color of Official Right; Fraud Involving the Deprivation of the Intangible Right to Honest Services of Public Officials; Conspiracy to Defraud by Interference with Governmental Functions), 2B2.3 (Trespass), 2K1.4 (Arson; Property Damage by Use of Explosives), 2M6.1 (Nuclear, Biological, and Chemical Weapons, and Other Weapons of Mass Destruction), 2Q1.1 (Knowing Endangerment Resulting From Mishandling Hazardous or Toxic Substances, Pesticides or Other Pollutants), 2X1.1 (Attempt, Solicitation, or Conspiracy (Not Covered by a Specific Offense Guideline)), 2X5.2 (Class A Misdemeanor Offenses (Not Covered by a Specific Offense Guideline)), Appendix A, and issues for comment regarding implementation of the USA PATRIOT Improvement and Reauthorization Act of 2005, Pub. L. 109-177 (hereinafter the ``PATRIOT Act'') and the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, Pub. L. 109-59, as these laws pertain to transportation offenses; (B) proposed amendment to Chapter Two, Parts A and G, Sec. Sec. 2A3.1 (Criminal Sexual Abuse; Attempt to Commit Criminal Sexual Abuse), 2A3.3 (Criminal Sexual Abuse of a Ward or Attempt to Commit Such Acts), 2A3.4 (Abusive Sexual Contact or Attempt to Commit Abusive Sexual Contact), 2G1.1 (Promoting a Commercial Sex Act or Prohibited Sexual Conduct with an Individual Other than a Minor), 2G1.3 (Promoting a Commercial Sex Act or Prohibited Sexual Conduct with a Minor; Transportation of Minors to Engage in a Commercial Sex Act or Prohibited Sexual Conduct), 2G2.5 (Recordkeeping Offenses Involving the Production of Sexually Explicit Materials; Failure to Provide Required Marks in Commercial Electronic Email), 2G3.1 (Importing, Mailing, or Transporting Obscene Matter; Transferring Obscene Matter to a Minor; Misleading Domain Names), 2H3.1 (Interception of Communications; Eavesdropping; Disclosure of Tax Return Information), 2J1.2 (Obstruction of Justice), 4B1.5 (Repeat and Dangerous Sex Offender Against Minors), 5B1.3 (Conditions of Probation), 5D1.2 (Term of Supervised Release), 5D1.3 (Conditions of Supervised Release), Appendix A, and issues for comment regarding implementation of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. 109-248 (hereinafter the ``Adam Walsh Act''); (C) proposed amendment to re-promulgate as a permanent amendment the temporary, emergency amendment to Sec. 2B5.3 (Criminal Infringement of Copyright or Trademark), effective September 12, 2006 (see USSG Supplement to Appendix C (Amendment 682)), and issues for comment regarding implementation of the Stop Counterfeiting in Manufactured Goods Act, Pub. L. 109-181; (D) proposed amendment to Chapter Two, Parts D and X, Sec. Sec. 2A1.1, 2A1.2, 2B1.1, 2B1.5 (Theft of, Damage to, or Destruction of Cultural Heritage Resources; Unlawful Sale, Purchase, Exchange, Transportation, or Receipt of Cultural Heritage Resources), 2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy), 2E4.1 (Unlawful Conduct Relating to Contraband Cigarettes), 2K1.3 (Unlawful Receipt, Possession, or Transportation of Explosive Materials; Prohibited Transactions Involving Explosive Materials), 2K1.4, 2M5.3 (Providing Material Support or Resources to Designated Foreign Terrorism Organizations of For a Terrorist Purpose), 2M6.1, 2Q2.1 (Offenses Involving Fish, Wildlife, and Plants), 2X1.1, 2X2.1 (Aiding and Abetting), 2X3.1 (Accessory After the Fact), Appendix A, and issues for comment regarding implementation of the PATRIOT Act and the Department of Homeland Security Appropriations Act, 2007, Pub. L. 109-295, as these laws pertain to terrorism offenses and border protection; (E) proposed amendment to Sec. Sec. 2D1.1, 2D1.11 (Unlawfully Distributing, Importing, Exporting, or Possessing a Listed Chemical; Attempt or Conspiracy), Appendix A (Statutory Index), and issues for comment regarding implementation of the PATRIOT Act and the Adam Walsh Act as these laws pertain to drug offenses; (F) proposed amendment to Sec. Sec. 2L1.1 (Smuggling, Transporting, or Harboring an Unlawful Alien), 2L1.2 (Unlawfully Entering or Remaining in the United States), 2L2.1 (Trafficking in a Document Relating to Naturalization, Citizenship, or Legal Resident Status, or a United States Passport; False Statement in Respect to the Citizenship or Immigration Status of Another; Fraudulent Marriage to Assist Alien to Evade Immigration Law), and 2L2.2 (Fraudulently Acquiring Documents Relating to Naturalization, Citizenship, or Legal Resident Status for Own Use; False Personation or Fraudulent Marriage by Alien to Evade Immigration Law; Fraudulently Acquiring or Improperly Using a United States Passport); (G)(1) proposed amendment to Sec. 2B2.3 (Trespass) to implement the Respect for America's Fallen Heroes Act, Pub. L. 109-228; (2) proposed amendment to Sec. 2H3.1 to implement the Violence Against Women and Department of Justice Reauthorization Act of 2005, Pub. L. 109-162; and (3) issue for comment regarding implementation of the SAFE Port Act, Pub. L. 109-347; (H) proposed amendment to (1) Sec. Sec. 2B1.1, 2D1.11, 2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition; Prohibited Transactions Involving Firearms or Ammunition), and 2L1.1 to correct typographical errors; and (2) Chapter Three, Part D (Introductory Commentary) and Sec. 3D1.1 (Procedure for Determining Offense Level on Multiple Counts) to address cases involving multiple counts contained in multiple indictments; (I) issue for comment regarding Sec. 1B1.13 (Reduction in Term of Imprisonment as a Result of Motion by Director of Bureau of Prisons); (J) issues for comment regarding application of certain criminal history rules under Sec. 4A1.2 (Definitions and Instructions for Computing Criminal History); (K) issue for comment regarding implementation of section 4 of the Telephone Records and Privacy Protection Act of 2006, Pub. L. 109-476, which provides the Commission with emergency amendment authority to amend the guidelines applicable to persons convicted of an offense under 18 U.S.C. Sec. 1039; and (L) issue for comment regarding federal cocaine sentencing policy.
Sentencing Guidelines for United States Courts
Document Number: E6-15783
Type: Notice
Date: 2006-09-27
Agency: United States Sentencing Commission, Agencies and Commissions
In August 2006, the Commission published a notice of possible policy priorities for the amendment cycle ending May 1, 2007. See 77 FR 44344 (August 4, 2006). 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.