[Federal Register Volume 70, Number 187 (Wednesday, September 28, 2005)]
[Notices]
[Page 56765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19324]



[[Page 56765]]

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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 amendments to federal 
sentencing guidelines effective November 1, 2005.

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SUMMARY: On April 29, 2005, the Commission submitted to Congress 
amendments to the federal sentencing guidelines. (See 70 FR 24852, May 
11, 2005). The Commission has made technical and conforming amendments 
to commentary provisions related to those amendments. The Commission 
hereby gives notice of these commentary amendments.

DATES: The Commission has specified an effective date of November 1, 
2005, for the amendments set forth in this notice.

FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Affairs 
Officer, Telephone: (202) 502-4590.

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 the 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). 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 in order 
to execute correctly the amendments submitted to Congress. This notice 
sets forth technical and conforming amendments to commentary related to 
the amendments submitted to Congress on April 29, 2005, that will 
become effective on November 1, 2005.

    Authority: USSC Rules of Practice and Procedure 4.1.

Ricardo H. Hinojosa,
Chair.

1. Amendment

    The Commentary to Sec.  2J1.6 captioned ``Application Notes'' is 
amended in Note 3 in the second paragraph in the fourth sentence by 
striking ``See Sec.  3D1.1(b)'' and inserting ``See Sec.  
3D1.1(b)(1)''.
    The Commentary to Sec.  2K2.1 captioned ``Statutory Provisions'', 
as amended by Amendment 3 submitted to Congress on April 29, 2005, (70 
FR 24855.; USSG App. C (amendment 677)), is amended by striking ``(e)-
(h), (j)-(n)'' and inserting ``(e)-(i), (k)-(o)''.
    The Commentary to Sec.  2P1.2 captioned ``Application Notes'' is 
amended in Note 2 in the fourth sentence by striking ``See Sec.  
3D1.1(b)'' and inserting ``See Sec.  3D1.1(b)(1)''.
    The Commentary to Sec.  3D1.1 captioned ``Application Note'' is 
amended in Note 1 in the first paragraph by striking ``Subsection (b)'' 
and inserting ``Subsection (b)(1)''; in the fourth sentence by striking 
``subsection (b)'' and inserting ``subsection (b)(1)''; and in the 
second paragraph by striking ``subsection (b)'' and inserting 
``subsection (b)(1)''.
    The Commentary to Sec.  3D1.2 captioned ``Application Notes'' is 
amended in Note 1 by striking ``See Sec.  3D1.1(b)'' and inserting 
``See Sec.  3D1.1(b)(1)''.
    The Commentary to Sec.  5G1.2 captioned ``Application Notes'', as 
amended by Amendment 1 submitted to Congress on April 29, 2005 (70 FR 
24852; USSG App. C (amendment 675)), is amended in Note 2 in 
subdivision (A) by striking ``(A) specifies'' and inserting ``(i) 
specifies'' and by striking ``(B) requires'' and inserting ``(ii) 
requires''; and in subdivision (B)(ii) by striking ``(Multiple 
Counts)'' and inserting ``(Groups of Closely Related Counts)''.
    Appendix A (Statutory Index), as amended by Amendment 3 submitted 
to Congress on April 29, 2005, (70 FR 24855; USSG App. C (amendment 
677)), is amended by striking the following:
    ``18 U.S.C. 924(i)(1) 2A1.1, 2A1.2
    18 U.S.C. 924(i)(2) 2A1.3, 2A1.4
    18 U.S.C. 924(j)-(n) 2K2.1''.

and inserting the following:

    ``18 U.S.C. 924(i) 2K2.1
    18 U.S.C. 924(j)(1) 2A1.1, 2A1.2
    18 U.S.C. 924(j)(2) 2A1.3, 2A1.4
    18 U.S.C. 924(k)-(o) 2K2.1''.
    Reason for Amendment: This amendment makes various technical and 
conforming changes in order to implement more fully amendments 
submitted to Congress on April 29, 2005 (70 FR 24852-24856).

[FR Doc. 05-19324 Filed 9-27-05; 8:45 am]
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