[Federal Register Volume 79, Number 161 (Wednesday, August 20, 2014)]
[Notices]
[Page 49380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19764]
[[Page 49380]]
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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, 2014.
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SUMMARY: On April 30, 2014, the Commission submitted to the Congress
amendments to the sentencing guidelines and official commentary, which
become effective on November 1, 2014, unless Congress acts to the
contrary. Such amendments and the reasons for amendment subsequently
were published in the Federal Register. 79 FR 25996 (May 6, 2014). 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,
2014, 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
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, 2014.
Authority: USSC Rules of Practice and Procedure 4.1.
Patti B. Saris,
Chair.
1. Amendment:
Chapter One, Part A, Subpart 2 (Continuing Evolution and Role of
the Guidelines) is amended by striking ``127 S. Ct. 2456'' and
inserting ``551 U.S. 338''; by striking ``2463'' and inserting ``347-
48''; by striking ``wholesale,' id.,'' and inserting ``wholesale[,]'
id. at 348''; by striking ``2464'' and inserting ``350''; by striking
``127 S. Ct. at 2465'' both places such term appears and inserting
``551 U.S. at 351''; by striking ``128 S. Ct. 586, 596'' and inserting
``552 U.S. 38, 49''; by striking ``128 S. Ct. at 597'' and inserting
``552 U.S. at 51''; by striking ``Id. at 2464'' and inserting ``Rita,
551 U.S. at 350''; by striking ``128 S. Ct. at 594'' and inserting
``552 U.S. at 46''; by striking ``128 S. Ct. 558'' and inserting ``552
U.S. 85''; and by striking ``571'' and inserting ``103''.
The Commentary to Sec. 1B1.1 captioned ``Background'' is amended
by striking ``128 S. Ct. 2198, 2200-03'' and inserting ``553 U.S. 708,
709-16''.
The Commentary to Sec. 1B1.10 captioned ``Background'' is amended
by striking ``130 S. Ct. 2683'' and inserting ``560 U.S. 817''.
The Commentary to Sec. 2M3.1 captioned ``Application Notes'' is
amended by striking ``50 U.S.C. Sec. 435 note'' and inserting ``50
U.S.C. Sec. 3161 note''.
The Commentary to Sec. 5G1.3 captioned ``Application Notes'' is
amended in Note 2(A) by striking ``subsection (c)'' and inserting
``subsection (d)''.
Reason for Amendment:
This proposed amendment makes certain technical changes to the
Introduction and the Commentary in the Guidelines Manual.
First, the proposed amendment makes clerical changes to provide
U.S. Reports citations for certain Supreme Court cases. The changes are
made to--
(1) Subpart 2 of Part A of Chapter One (Introduction, Authority,
and General Application Principles);
(2) the Background Commentary to Sec. 1B1.1 (Application
Instructions); and
(3) the Background Commentary to Sec. 1B1.10 (Reduction in Term of
Imprisonment as a Result of Amended Guideline Range (Policy
Statement)).
Second, the proposed amendment makes a clerical change to
Application Note 1 to Sec. 2M3.1 (Gathering or Transmitting National
Defense Information to Aid a Foreign Government) to reflect the
editorial reclassification of a section in the United States Code.
Finally, the proposed amendment makes a technical and conforming
change to Application Note 2(A) to Sec. 5G1.3 (Imposition of a
Sentence on a Defendant Subject to an Undischarged Term of
Imprisonment) to reflect that subsection (c) was redesignated as
subsection (d) by Amendment 8 of the amendments submitted by the
Commission to Congress on April 30, 2014, 79 FR 25996 (May 6, 2014).
[FR Doc. 2014-19764 Filed 8-19-14; 8:45 am]
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