[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]
=======================================================================
-----------------------------------------------------------------------
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, [email protected].
[[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