[Federal Register Volume 75, Number 173 (Wednesday, September 8, 2010)]
[Notices]
[Pages 54698-54699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22356]


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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, 2010.

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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 Sec.  2B1.1 captioned ``Application 
Notes'' is amended in Note 1 by inserting ``or Paleontological 
Resources'' after ``Resources'' both places it appears.
    The Commentary to Sec.  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 Sec.  2K1.3 captioned ``Application Notes'' is 
amended in Note 9 by striking ``; Sec.  4A1.2, comment. (n.3)''.
    The Commentary to Sec.  2P1.1 captioned ``Application Notes'' is 
amended in Note 5 by striking the comma after ``escape)'' and inserting 
``and''; and by striking ``, and Sec.  4A1.1(e) (recency)''.
    The Commentary to Sec.  3A1.2 captioned ``Application Notes'' is 
amended in Note 3 by striking ``Sec.  2B3.1(a)'' and inserting ``Sec.  
2B3.1(b)(1)''.
    The Commentary to Sec.  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 Sec.  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 Sec.  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 Sec.  3E1.1 captioned ``Application Notes'' is 
amended in Note 3 by striking ``1(a)'' and inserting ``1(A)''.
    The Commentary to Sec.  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 Sec.  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 Sec.  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 Sec.  5D1.1 captioned ``Application Notes'' is 
amended in Note 1 by redesignating subdivisions (1) through (5) as (A) 
through (E).
    The Commentary to Sec.  5E1.5 captioned ``Background'' is amended 
by striking ``1302c-9'' and inserting ``1320c-9''.
    The Commentary to Sec.  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 Sec.  5G1.3 captioned ``Application Notes'' is 
amended in Note 2(C) by striking ``Judgement'' and inserting 
``Judgment''.
    The Commentary to Sec.  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 Sec.  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 Sec.  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 Sec.  2B1.1 (Theft, Property Destruction, and 
Fraud), Application Notes 1 and 3.
    (2) Amendment 9 made a technical change to Sec.  2K2.1 (Unlawful 
Receipt, Possession, or Transportation of Firearms or Ammunition), 
Application Note 10, to correct an inaccurate

[[Page 54699]]

citation. To address a parallel inaccurate citation in Sec.  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 
Sec.  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 Sec.  3A1.2 
(Official Victim), Application Note 3, to provide an accurate reference 
to an enhancement in the robbery guideline. It amends Sec.  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 Sec.  5E1.5 (Costs of Prosecution), 
Background, to correct a typographical error in a statutory citation. 
It amends Sec.  7B1.4 (Term of Imprisonment), Application Note 2, and 
Sec.  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]
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