54698 Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Notices 

Dated: September 1, 2010. 

Adam J. Szubin, 

Director, Office of Foreign Assets Control. 

[FR Doc. 2010–22235 Filed 9–7–10; 8:45 am] 

BILLING CODE 4810–AL–P 

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, 2010. 

SUMMARY: On April 29, 2010, the 

Commission submitted to the Congress 

amendments to the sentencing 

guidelines and official commentary, 

which become effective on November 1, 

2010, unless Congress acts to the 

contrary. Such amendments and the 

reasons for amendment subsequently 

were published in the Federal Register. 

75 FR 27388 (May 14, 2010). 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, 2010, 

for the amendments set forth in this 

notice. 

FOR FURTHER INFORMATION CONTACT: 

Michael Courlander, Public Affairs 

Officer, Telephone: (202) 502–4597. 

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, 2010. 

Authority: USSC Rules of Practice and 

Procedure 4.1. 

William K. Sessions III, 

Chair. 

Technical and Conforming 

Amendments 

1. Amendment: The Commentary to 

§ 2B1.1 captioned ‘‘Application Notes’’ 

is amended in Note 1 by inserting ‘‘or 

Paleontological Resources’’ after 

‘‘Resources’’ both places it appears. 

The Commentary to § 2B1.1 captioned 

‘‘Application Notes’’ is amended in Note 

3 in the last paragraph by inserting ‘‘or 

Paleontological Resources’’ after 

‘‘Resources’’; by inserting ‘‘or 

paleontological resource’’ before ‘‘, loss’’; 

by striking ‘‘cultural heritage’’ after ‘‘to 

that’’ and by striking ‘‘cultural heritage’’ 

after ‘‘of the’’. 

The Commentary to § 2K1.3 captioned 

‘‘Application Notes’’ is amended in Note 

9 by striking ‘‘; § 4A1.2, comment. (n.3)’’. 

The Commentary to § 2P1.1 captioned 

‘‘Application Notes’’ is amended in Note 

5 by striking the comma after ‘‘escape)’’ 

and inserting ‘‘and’’; and by striking ‘‘, 

and § 4A1.1(e) (recency)’’. 

The Commentary to § 3A1.2 captioned 

‘‘Application Notes’’ is amended in Note 

3 by striking ‘‘§ 2B3.1(a)’’ and inserting 

‘‘§ 2B3.1(b)(1)’’. 

The Commentary to § 3C1.1 captioned 

‘‘Application Notes’’, as amended by 

Amendment 9, submitted to Congress 

on April 29, 2010, is amended in Note 

4(F) by inserting ‘‘judge’’ after 

‘‘magistrate’’; and in Note 5(B) by 

striking ‘‘4(g)’’ and inserting ‘‘4(G)’’. 

The Commentary to § 3C1.1 captioned 

‘‘Application Notes’’ is amended in Note 

9 by striking ‘‘his’’ and inserting ‘‘the 

defendant’s’’; and by striking ‘‘he’’ and 

inserting ‘‘the defendant’’. 

The Commentary to § 3C1.2 captioned 

‘‘Application Notes’’ is amended in Note 

5 by striking ‘‘his’’ and inserting ‘‘the 

defendant’s’’ and by striking ‘‘he’’ and 

inserting ‘‘the defendant’’. 

The Commentary to § 3E1.1 captioned 

‘‘Application Notes’’ is amended in Note 

3 by striking ‘‘1(a)’’ and inserting ‘‘1(A)’’. 

The Commentary to § 4B1.3 captioned 

‘‘Application Notes’’ is amended in Note 

2 by striking ‘‘(1)’’ and inserting ‘‘(A)’’; by 

striking ‘‘(2)’’ and inserting ‘‘(B)’’; and by 

striking ‘‘his’’ and inserting ‘‘the 

defendant’s’’. 

The Commentary to § 4B1.3 captioned 

‘‘Background’’ is amended by striking 

‘‘he’’ and inserting ‘‘the defendant’’; and 

by striking ‘‘his’’ and inserting ‘‘the 

defendant’s’’. 

The Commentary to § 5B1.1 captioned 

‘‘Application Notes’’, as amended by 

Amendment 1, submitted to Congress 

on April 29, 2010, is amended in Note 

1 by redesignating subdivisions (a) and 

(b) as (A) and (B). 

The Commentary to § 5D1.1 captioned 

‘‘Application Notes’’ is amended in Note 

1 by redesignating subdivisions (1) 

through (5) as (A) through (E). 

The Commentary to § 5E1.5 captioned 

‘‘Background’’ is amended by striking 

‘‘1302c–9’’ and inserting ‘‘1320c–9’’. 

The Commentary to § 5G1.2 captioned 

‘‘Application Notes’’ is amended in Note 

1 in the second paragraph by striking 

‘‘(1)’’ and inserting ‘‘(A)’’ and by striking 

‘‘(2)’’ and inserting ‘‘(B)’’. 

The Commentary to § 5G1.3 captioned 

‘‘Application Notes’’ is amended in Note 

2(C) by striking ‘‘Judgement’’ and 

inserting ‘‘Judgment’’. 

The Commentary to § 7B1.4 captioned 

‘‘Application Notes’’ is amended in Note 

2 by striking ‘‘Adequacy’’ and inserting 

‘‘Departures Based on Inadequacy’’; and 

in Note 3 by striking ‘‘he’’ and inserting 

‘‘the defendant’’. 

The Commentary to § 8A1.2 captioned 

‘‘Application Notes’’ is amended in Note 

2 by striking ‘‘and’’ after ‘‘Procedures’’ 

and inserting a comma; by inserting ‘‘, 

and Crime Victims’ Rights’’ after 

‘‘Agreements’’; and in Note 3 by 

redesignating subdivisions (a) through 

(j) as subdivisions (A) through (J). 

Reason for Amendment: This 

amendment makes certain technical and 

conforming changes to commentary in 

the Guidelines Manual. 

First, the amendment makes certain 

technical and conforming changes in 

connection with the amendments that 

the Commission submitted to Congress 

on April 29, 2010. See 75 FR 27388 

(May 14, 2010). Those conforming 

changes are as follows: 

(1) Amendment 8 expanded the scope 

of § 2B1.5 (Theft of, Damage to, or 

Destruction of, Cultural Heritage 

Resources; Unlawful Sale, Purchase, 

Exchange, Transportation, or Receipt of 

Cultural Heritage Resources) to cover 

not only cultural heritage resources, but 

also paleontological resources. To 

reflect this expanded scope, conforming 

changes are made to § 2B1.1 (Theft, 

Property Destruction, and Fraud), 

Application Notes 1 and 3. 

(2) Amendment 9 made a technical 

change to § 2K2.1 (Unlawful Receipt, 

Possession, or Transportation of 

Firearms or Ammunition), Application 

Note 10, to correct an inaccurate 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Notices 54699 

citation. To address a parallel inaccurate 

citation in § 2K1.3 (Unlawful Receipt, 

Possession, or Transportation of 

Explosive Materials; Prohibited 

Transactions Involving Explosive 

Materials), Application Note 9, a 

parallel technical change is made there. 

(3) Amendment 5 eliminated the use 

of ‘‘recency’’ points in calculating the 

criminal history score. A conforming 

change is made in § 2P1.1 (Escape, 

Instigating or Assisting Escape), 

Application Note 5, to delete an 

obsolete reference to ‘‘recency.’’ 

Second, the amendment makes 

certain other stylistic and clerical 

changes to commentary in the 

Guidelines Manual. It amends § 3A1.2 

(Official Victim), Application Note 3, to 

provide an accurate reference to an 

enhancement in the robbery guideline. 

It amends § 3C1.1 (Obstructing or 

Impeding the Administration of Justice), 

Application Note 4, to replace the 

obsolete term ‘‘magistrate’’ with the term 

‘‘magistrate judge.’’ It amends § 5E1.5 

(Costs of Prosecution), Background, to 

correct a typographical error in a 

statutory citation. It amends § 7B1.4 

(Term of Imprisonment), Application 

Note 2, and § 8A1.2 (Application 

Instructions—Organizations), 

Application Note 2, to provide accurate 

references to guideline titles. Finally, it 

makes certain other stylistic changes to 

promote stylistic consistency and 

gender neutrality. 

[FR Doc. 2010–22356 Filed 9–7–10; 8:45 am] 

BILLING CODE 2210–40–P 

UNITED STATES SENTENCING 

COMMISSION 

Sentencing Guidelines for United 

States Courts 

AGENCY: United States Sentencing 

Commission. 

ACTION: Notice of final priorities. 

SUMMARY: In July 2010, the Commission 

published a notice of possible policy 

priorities for the amendment cycle 

ending May 1, 2011. See 75 FR 41927– 

41929 (July 19, 2010). After reviewing 

public comment received pursuant to 

the notice of proposed priorities, the 

Commission has identified its policy 

priorities for the upcoming amendment 

cycle and hereby gives notice of these 

policy priorities. 

FOR FURTHER INFORMATION CONTACT: 

Michael Courlander, Public Affairs 

Officer, Telephone: (202) 502–4597. 

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 submits guideline amendments to 

the Congress not later than the first day 

of May each year pursuant to 28 U.S.C. 

994(p). 

As part of its statutory authority and 

responsibility to analyze sentencing 

issues, including operation of the 

Federal sentencing guidelines, the 

Commission has identified its policy 

priorities for the amendment cycle 

ending May 1, 2011. The Commission 

recognizes, however, that other factors, 

such as the enactment of any legislation 

requiring Commission action, may affect 

the Commission’s ability to complete 

work on any or all of its identified 

priorities by the statutory deadline of 

May 1, 2011. Accordingly, it may be 

necessary to continue work on any or all 

of these issues beyond the amendment 

cycle ending on May 1, 2011. 

As so prefaced, the Commission has 

identified the following priorities: 

(1) Implementation of the Fair 

Sentencing Act of 2010, Public Law 

111–220, regarding offenses involving 

cocaine base (‘‘crack’’ cocaine) and 

offenses involving drug trafficking, 

including promulgation of a temporary, 

emergency amendment under section 8 

of that Act and promulgation of a 

permanent amendment implementing 

that Act, including possible 

consideration of amending any related 

adjustments; and possible consideration 

of amending the Drug Quantity Table in 

§ 2D1.1 (Unlawful Manufacturing, 

Importing, Exporting, or Trafficking 

(Including Possession with Intent to 

Commit These Offenses); Attempt or 

Conspiracy) across drug types. 

(2) Continuation of its work with the 

congressional, executive, and judicial 

branches of government, and other 

interested parties, to study the manner 

in which United States v. Booker, 543 

U.S. 220 (2005), and subsequent 

Supreme Court decisions have affected 

Federal sentencing practices, the 

appellate review of those practices, and 

the role of the Federal sentencing 

guidelines. The Commission anticipates 

that it will issue a report with respect 

to its findings, possibly including (A) an 

evaluation of the impact of those 

decisions on the Federal sentencing 

guideline system; (B) development of 

recommendations for legislation 

regarding Federal sentencing policy; (C) 

an evaluation of the appellate standard 

of review applicable to post-Booker 

Federal sentencing decisions; and (D) 

possible consideration of amendments 

to the Federal sentencing guidelines. 

Such findings will be informed by the 

testimony received at seven regional 

public hearings the Commission held in 

2009–2010, feedback received from the 

judiciary contained in the Results of 

Survey of United States District Judges 

January 2010 through March 2010 

issued in June 2010, and other 

information and input. 

(3) Continuation of its study of and, 

pursuant to the directive in section 4713 

of the Matthew Shepard and James 

Byrd, Jr., Hate Crimes Prevention Act of 

2009, Public Law 111–84, report to 

Congress on statutory mandatory 

minimum penalties, including a review 

of the operation of the ‘‘safety valve’’ 

provision at 18 U.S.C. 3553(e). The 

findings of the report will be informed 

by the testimony received at the hearing 

on statutory mandatory minimum 

penalties the Commission held on May 

27, 2010, the regional public hearings 

and survey of United States District 

Judges referred to in paragraph (2), and 

other information and input. 

(4) Study of and, pursuant to the 

directive in section 107(b) of the 

Comprehensive Iran Sanctions, 

Accountability, and Divestment Act of 

2010, Public Law 111–195, report to 

Congress regarding violations of section 

5(a) of the United Nations Participation 

Act of 1945 (22 U.S.C. 287c(a)), sections 

38, 39, and 40 of the Arms Export 

Control Act (22 U.S.C. 2778, 2779, and 

2780), and the Trading with the Enemy 

Act (50 U.S.C. App. 1 et seq.), including 

consideration of amendments to § 2M5.2 

(Exportation of Arms, Munitions, or 

Military Equipment or Services Without 

Required Validated Export License) or 

other guidelines in Part K or Part M of 

Chapter Two of the Guidelines Manual 

that might be appropriate in light of the 

information obtained from such study. 

(5) Implementation of the directive in 

section 10606(a)(2)(A) of the Patient 

Protection and Affordable Care Act, 

Public Law 111–148, regarding health 

care fraud offenses; the directives in 

section 1079A of the Dodd-Frank Wall 

Street Reform and Consumer Protection 

Act, Public Law 111–203, regarding 

securities fraud offenses and financial 

institution fraud offenses; and any other 

crime legislation enacted during the 

111th Congress warranting a 

Commission response. 

(6) Continuation of its review of child 

pornography offenses and possible 

report to Congress as a result of such 

review. It is anticipated that any such 

report would include (A) a review of the 

incidence of, and reasons for, departures 

and variances from the guideline 

sentence; (B) a compilation of studies 


jlentini on DSKJ8SOYB1PROD with NOTICES