Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Notices 54705 

other? In particular, should they be 

applied cumulatively, or should they 

not be applied cumulatively? 

10. This part of the proposed 

amendment establishes several new 

specific offense characteristics in 

§ 2D1.1. What, if any, changes should 

the Commission make to other Chapter 

Two offense guidelines involving drug 

trafficking to ensure consistency and 

proportionality? Many such guidelines 

refer to § 2D1.1 in determining the 

offense level, but not in all cases. For 

example, if the base offense level is 

determined under subsection (a)(3) or 

(a)(4) of § 2D1.2 (Drug Offenses 

Occurring Near Protected Locations or 

Involving Underage or Pregnant 

Individuals; Attempt or Conspiracy), or 

under subsection (a)(2) of § 2D1.5 

(Continuing Criminal Enterprise; 

Attempt or Conspiracy), or under 

§ 2D1.11 (Unlawfully Distributing, 

Importing, Exporting or Possessing a 

Listed Chemical; Attempt or 

Conspiracy), the new specific offense 

characteristics would not apply. Should 

the Commission establish similar 

specific offense characteristics in 

§ 2D1.2, § 2D1.5, and § 2D1.11? 

11. What other changes, if any, should 

the Commission make to the Guidelines 

Manual under the emergency authority 

provided by section 8 of the Act? 

(D) Maximum Base Offense Level for 

Minimal Role (‘‘Minimal Role Cap’’) 

Synopsis of Proposed Amendment: 

This part of the proposed amendment 

responds to section 7(1) of the Act, 

which contains a directive to the 

Commission to ‘‘review and amend the 

Federal sentencing guidelines and 

policy statements to ensure that * * * 

if the defendant is subject to a minimal 

role adjustment under the guidelines, 

the base offense level for the defendant 

based solely on drug quantity shall not 

exceed level 32.’’ 

This part of the proposed amendment 

implements the directive by adding a 

new sentence to the end of § 2D1.1(a)(5) 

(the so-called ‘‘mitigating role cap’’), to 

reflect the ‘‘minimal role cap’’ of level 32 

required by the directive. 

Proposed Amendment: 

Section 2D1.1(a)(5) is amended by 

adding at the end the following: 

‘‘If the resulting offense level is greater 

than level 32 and the defendant receives 

an adjustment under subsection (a) of 

§ 3B1.2, decrease to level 32.’’. 

[FR Doc. 2010–22337 Filed 9–7–10; 8:45 am] 

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UNITED STATES SENTENCING 

COMMISSION 

Sentencing Guidelines for United 

States Courts 

AGENCY: United States Sentencing 

Commission. 

ACTION: Notice of period during which 

individuals may apply to be appointed 

to certain voting memberships of the 

Practitioners Advisory Group; request 

for applications. 

SUMMARY: Because the terms of certain 

voting members of the Practitioners 

Advisory Group are expiring as of 

October 2010, the United States 

Sentencing Commission hereby invites 

any individual who is eligible to be 

appointed to succeed such a voting 

member to apply. The voting 

memberships covered by this notice are 

two circuit memberships (for the 

Second Circuit and District of Columbia 

Circuit) and one at-large voting 

membership. Applications should be 

received by the Commission not later 

than November 8, 2010. Applications 

may be sent to Michael Courlander at 

the address listed below. 

DATES: Applications for voting 

membership of the Practitioners 

Advisory Group should be received not 

later than November 8, 2010. 

ADDRESSES: Send applications to: 

United States Sentencing Commission, 

One Columbus Circle, NE., Suite 2–500, 

South Lobby, Washington, DC 20002– 

8002, Attention: Public Affairs. 

FOR FURTHER INFORMATION CONTACT: 

Michael Courlander, Public Affairs 

Officer, Telephone: (202) 502–4597. 

SUPPLEMENTARY INFORMATION: The 

Practitioners Advisory Group of the 

United States Sentencing Commission is 

a standing advisory group of the United 

States Sentencing Commission pursuant 

to 28 U.S.C. 995 and Rule 5.4 of the 

Commission’s Rules of Practice and 

Procedure. Under the charter for the 

advisory group, the purpose of the 

advisory group is (1) To assist the 

Commission in carrying out its statutory 

responsibilities under 28 U.S.C. 994(o); 

(2) to provide to the Commission its 

views on the Commission’s activities 

and work, including proposed priorities 

and amendments; (3) to disseminate to 

defense attorneys, and to other 

professionals in the defense community, 

information regarding federal 

sentencing issues; and (4) to perform 

other related functions as the 

Commission requests. The advisory 

group consists of not more than 17 

voting members, each of whom may 

serve not more than two consecutive 

three-year terms. Of those 17 voting 

members, one shall be Chair, one shall 

be Vice Chair, 12 shall be circuit 

members (one for each federal judicial 

circuit other than the Federal Circuit), 

and three shall be at-large members. 

To be eligible to serve as a voting 

member, an individual must be an 

attorney who (1) devotes a substantial 

portion of his or her professional work 

to advocating the interests of privatelyrepresented individuals, or of 

individuals represented by private 

practitioners through appointment 

under the Criminal Justice Act of 1964, 

within the federal criminal justice 

system; (2) has significant experience 

with federal sentencing or postconviction issues related to criminal 

sentences; and (3) is in good standing of 

the highest court of the jurisdiction or 

jurisdictions in which he or she is 

admitted to practice. Additionally, to be 

eligible to serve as a circuit member, the 

individual’s primary place of business 

or a substantial portion of his or her 

practice must be in the circuit 

concerned. Each voting member is 

appointed by the Commission. 

The Commission invites any 

individual who is eligible to be 

appointed to a voting membership 

covered by this notice to apply. 

Authority: 28 U.S.C. 994(a), (o), (p), § 995; 

USSC Rules of Practice and Procedure 5.2, 

5.4. 

William K. Sessions III, 

Chair. 

[FR Doc. 2010–22343 Filed 9–7–10; 8:45 am] 

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