[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)]
[Notices]
[Pages 58563-58564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24193]
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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, 2011.
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SUMMARY: 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.
DATES: The Commission has specified an effective date of November 1,
2011, for the amendments set forth in this notice.
FOR FURTHER INFORMATION CONTACT: Jeanne Doherty, Office of Legislative
and Public Affairs, (202) 502-4502.
SUPPLEMENTARY INFORMATION: The United States Sentencing Commission, an
independent commission in the judicial branch of the United States
government, is authorized by 28 U.S.C. 994(a) to promulgate sentencing
guidelines and policy statements for Federal courts. Section 994 also
directs the Commission to review and revise periodically promulgated
guidelines and authorizes it to submit guideline amendments to Congress
not later than the first day of May each year. See 28 U.S.C. 994(o),
(p). Absent an affirmative disapproval by Congress within 180 days
after the Commission submits its amendments, the amendments become
effective on the date specified by the Commission (typically November 1
of the same calendar year). See 28 U.S.C. 994(p).
Unlike amendments made to sentencing guidelines, amendments to
commentary may be made at any time and are not subject to congressional
review. To the extent practicable, the Commission endeavors to include
amendments to commentary in any submission of guideline amendments to
Congress. Occasionally, however, the Commission determines that
technical and conforming changes to commentary are necessary. This
notice sets forth technical and conforming amendments to commentary
that will become effective on November 1, 2011.
Authority: USSC Rules of Practice and Procedure 4.1.
Patti B. Saris,
Chair.
1. Amendment: The Commentary to Sec. 2D1.1 captioned ``Application
Notes'' is amended in Note 3(A) by striking ``, and 2D2.1(b)(1)''; and
inserting ``and'' before ``2D1.12(c)(1)''.
The Commentary to Sec. 2J1.1 captioned ``Application Notes'' is
amended in each of Note 2 and Note 3 by striking ``Sec.
2B1.1(b)(8)(C)'' and inserting ``Sec. 2B1.1(b)(9)(C)''.
The Commentary to Sec. 2K2.4 captioned ``Application Notes'' is
amended in Note 4 in the third paragraph by striking ``Sec.
2K2.1(b)(6)'' and inserting ``Sec. 2K2.1(b)(6)(B)'' in both places.
The Commentary following Sec. 3D1.5 captioned ``Illustrations of
the Operation of the Multiple-Count Rules'' is amended in Note 3 by
striking ``Sec. 2B1.1(b)(9)'' and inserting ``Sec. 2B1.1(b)(10)''.
Reason for Amendment: This amendment makes certain technical and
conforming changes in connection with certain recently promulgated
amendments. See 76 FR 24960 (May 3, 2011). The technical and conforming
changes are as follows:
(1) Amendment 1 renumbered specific offense characteristics in
Sec. 2B1.1 (Theft, Property Destruction, and Fraud), including the
specific offense characteristic for violation of a prior, specific
order (from (b)(8)(C) to (b)(9)(C)) and the specific offense
characteristic for sophisticated means (from (b)(9) to (b)(10)). To
reflect these renumberings, conforming changes are made to Application
Notes 2 and 3 to Sec. 2J1.1 (Contempt) and to the Commentary following
Sec. 3D1.5 (Determining the Total Punishment).
(2) Amendment 2 amended Sec. 2D2.1 (Unlawful Possession; Attempt
or Conspiracy) to delete a cross-reference at subsection (b)(1). To
reflect this deletion, a conforming change is made to Application Note
3(A) to Sec. 2D1.1 (Unlawful Manufacturing, Importing, Exporting, or
Trafficking (Including Possession with Intent to Commit These
Offenses); Attempt or Conspiracy).
(3) Amendment 5 renumbered the specific offense characteristic in
Sec. 2K2.1 (Unlawful Receipt, Possession, or
[[Page 58564]]
Transportation of Firearms or Ammunition; Prohibited Transactions
Involving Firearms or Ammunition) for using or possessing a firearm in
connection with another felony offense from (b)(6) to (b)(6)(B). To
reflect this renumbering, conforming changes are made to Application
Note 4 to Sec. 2K2.4 (Use of Firearm, Armor-Piercing Ammunition, or
Explosive During or in Relation to Certain Crimes).
[FR Doc. 2011-24193 Filed 9-20-11; 8:45 am]
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