[Federal Register Volume 73, Number 177 (Thursday, September 11, 2008)]
[Notices]
[Pages 52895-52896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21174]


=======================================================================
-----------------------------------------------------------------------

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, 2008.

-----------------------------------------------------------------------

SUMMARY: On May 1, 2008, the Commission submitted to Congress 
amendments to the federal sentencing guidelines and published these 
amendments in the Federal Register on May 9, 2008. See 73 FR 26924. 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, 
2008, 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 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, 2008.


[[Page 52896]]


    Authority: USSC Rules of Practice and Procedure 4.1.

Ricardo H. Hinojosa,
Chair.

Technical and Conforming Amendments

    1. Amendment: Chapter One, as amended by Amendment 1 submitted to 
Congress on May 1, 2008 (73 FR 26924; USSG App. C (amendment 717)), is 
amended in the heading by inserting a comma after ``AUTHORITY''.
    The Commentary to Sec.  2A3.1 captioned ``Application Notes'' is 
amended in Note 5 by striking ``(c)(1)'' each place it appears and 
inserting ``(c)(2)''.
    The Commentary to Sec.  2B1.1 captioned ``Application Notes'' is 
amended in Note 3(F)(i) by striking ``7(A)'' and inserting ``9(A)''.
    The Commentary to Sec.  5K2.0 captioned ``Background'' is amended 
in the second paragraph by striking ``Historical Note to Sec.  1A1.1 
(Authority)'' and inserting ``Chapter One, Part A''.
    Appendix A (Statutory Index) is amended by inserting after the line 
reference to 18 U.S.C. 1039 the following:
    ``18 U.S.C. 1040 2B1.1''.
    Reason for Amendment: This amendment makes various technical and 
conforming changes. Specifically, the amendment makes a clerical change 
to the chapter heading of Chapter One; corrects inaccurate references 
in the Commentary to Sec.  2A3.1 Criminal Sexual Abuse; Attempt to 
Commit Criminal Sexual Abuse), Sec.  2B1.1 (Larceny, Embezzlement, and 
Other Forms of Theft; Offenses Involving Stolen Property; Property 
Damage or Destruction; Fraud and Deceit; Forgery; Offenses Involving 
Altered or Counterfeit Instruments Other than Counterfeit Bearer 
Obligations of the United States), and Sec.  5K2.0 (Grounds for 
Departure), and amends Appendix A (Statutory Index) to repromulgate the 
line reference to 18 U.S.C. 1040, which had been added by Amendment 714 
(see USSG App. C (Amendment 714)).

[FR Doc. E8-21174 Filed 9-10-08; 8:45 am]
BILLING CODE 2211-01-P