[Federal Register Volume 78, Number 162 (Wednesday, August 21, 2013)]
[Notices]
[Pages 51821-51822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20360]
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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, 2013.
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SUMMARY: On April 30, 2013, the Commission submitted to the Congress
amendments to the sentencing guidelines and official commentary, which
become effective on November 1, 2013, unless Congress acts to the
contrary. Such amendments and the reasons for amendment subsequently
were published in the Federal Register. 78 FR 26425 (May 6, 2013). The
Commission has made technical and conforming amendments, set forth in
this notice, to commentary provisions and policy statements related to
those amendments.
DATES: The Commission has specified an effective date of November 1,
2013, for the amendments set forth in this notice.
FOR FURTHER INFORMATION CONTACT: Jeanne Doherty, Public Affairs
Officer, (202) 502-4502, [email protected].
SUPPLEMENTARY INFORMATION: The United States Sentencing Commission, an
independent commission in the judicial branch of the United States
government, is authorized by 28 U.S.C. 994(a) to promulgate sentencing
guidelines and policy statements for federal courts. Section 994 also
directs the Commission to review and revise periodically promulgated
guidelines and authorizes it to submit guideline amendments to Congress
not later than the first day of May each year. See 28 U.S.C. 994(o),
(p). Absent an affirmative disapproval by Congress within 180 days
after the Commission submits its amendments, the amendments become
[[Page 51822]]
effective on the date specified by the Commission (typically November 1
of the same calendar year). See 28 U.S.C. 994(p).
Unlike amendments made to sentencing guidelines, amendments to
commentary and policy statements may be made at any time and are not
subject to congressional review. To the extent practicable, the
Commission endeavors to include amendments to commentary and policy
statements in any submission of guideline amendments to Congress.
Occasionally, however, the Commission determines that technical and
conforming changes to commentary and policy statements are necessary.
This notice sets forth technical and conforming amendments to
commentary and policy statements that will become effective on November
1, 2013.
Authority: USSC Rules of Practice and Procedure 4.1.
Patti B. Saris,
Chair.
1. Amendment
The Commentary to Sec. 1B1.8 captioned ``Application Notes'' is
amended in Note 3 by striking ``(Inadmissibility of Pleas'' and
inserting ``(Pleas''.
The Commentary to Sec. 2M3.1 captioned ``Application Notes'' is
amended in Note 1 by striking ``12958'' and inserting ``13526''.
The Commentary to Sec. 8B2.1 captioned ``Background'' is amended
by striking ``805(a)(2)(5)'' and inserting ``805(a)(5)''.
The Commentary to Sec. 8D1.2 captioned ``Application Note'' is
amended in Note 1 by striking ``3561(b)'' and inserting ``3561(c)''.
Reason for Amendment
This proposed amendment makes certain technical changes to
Commentary in the Guidelines Manual. The changes amend--
(1) Application Note 3 to Sec. 1B1.8 (Use of Certain Information)
to reflect a change to the heading of Rule 410 of the Federal Rules of
Evidence;
(2) Application Note 1 to Sec. 2M3.1 (Gathering or Transmitting
National Defense Information to Aid a Foreign Government) to ensure
that the Executive Order to which it refers is the most recent
Executive Order; and
(3) the Background Commentary to Sec. 8B2.1 (Effective Compliance
and Ethics Program) and Application Note 1 to Sec. 8D1.2 (Term of
Probation--Organizations) to correct typographical errors in citations
to certain statutes.
2. Amendment
The Commentary to Sec. 1B1.11 captioned ``Background'' is amended
in the first paragraph by striking ``Although aware'' and all that
follows through ``punishment.'' and inserting ``However, the Supreme
Court has held that the ex post facto clause applies to sentencing
guideline amendments that subject the defendant to increased
punishment. See Peugh v. United States, 133 S. Ct. 2072, 2078 (2013)
(holding that 'there is an ex post facto violation when a defendant is
sentenced under Guidelines promulgated after he committed his criminal
acts and the new version provides a higher applicable Guidelines
sentencing range than the version in place at the time of the
offense').''; and in the paragraph that begins ``Subsection (b)(3)'' by
striking ``, cert. denied, 493 U.S. 1062 (1990)''.
Reason for Amendment
The Commission's policy statement at Sec. 1B1.11 (Use of
Guidelines Manual in Effect on Date of Sentencing) provides that the
court should apply the Guidelines Manual in effect on the date the
defendant is sentenced unless the court determines that doing so would
violate the ex post facto clause, in which case the court shall apply
the Guidelines Manual in effect on the date the offense of conviction
was committed. See Sec. 1B1.11(a), (b)(1).
This proposed amendment updates the Background Commentary to Sec.
1B1.11 to reflect the Supreme Court's decision in Peugh v. United
States, 133 S. Ct. 2072 (2013), which held that ``there is an ex post
facto violation when a defendant is sentenced under Guidelines
promulgated after he committed his criminal acts and the new version
provides a higher applicable Guidelines sentencing range than the
version in place at the time of the offense.'' Id. at 2078. The
amendment inserts new language to refer to the Supreme Court's decision
in Peugh and deletes obsolete language.
[FR Doc. 2013-20360 Filed 8-20-13; 8:45 am]
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