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
54700 Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Notices 

on, and analysis of, recidivism by child 

pornography offenders; and (C) possible 

recommendations to Congress on any 

statutory changes that may be 

appropriate. 

(7) Continuation of its review of 

departures within the guidelines, 

including provisions in Parts H and K 

of Chapter Five of the Guidelines 

Manual, and the extent to which 

pertinent statutory provisions prohibit, 

discourage, or encourage certain factors 

as forming the basis for departure from 

the guideline sentence. 

(8) Continuation of its multi-year 

study of the statutory and guideline 

definitions of ‘‘crime of violence’’, 

‘‘aggravated felony’’, ‘‘violent felony’’, 

and ‘‘drug trafficking offense’’, including 

(A) an examination of relevant circuit 

conflicts regarding whether any offense 

is categorically a ‘‘crime of violence’’, 

‘‘aggravated felony’’, ‘‘violent felony’’, or 

‘‘drug trafficking offense’’ for purposes of 

triggering an enhanced sentence under 

certain Federal statutes and guidelines; 

(B) possible consideration of an 

amendment to provide an alternative 

approach to the ‘‘categorical approach’’, 

see Taylor v. United States, 495 U.S. 575 

(1990); Shepard v. United States, 544 

U.S. 13 (2005), for determining the 

applicability of guideline 

enhancements; and (C) possible 

consideration of an amendment to 

provide that the time period limitations 

in subsection (e) of § 4A1.2 (Definitions 

and Instructions for Computing 

Criminal History) apply for purposes of 

determining the applicability of 

enhancements in § 2L1.2 (Unlawfully 

Entering or Remaining in the United 

States). 

(9) Consideration of a possible 

amendment to provide a reduction in 

the offense level for certain deportable 

aliens who agree to a stipulated order of 

deportation. 

(10) Examination of, and possible 

amendments to, the guidelines and 

policy statements in Part D of Chapter 

Five of the Guidelines Manual 

pertaining to supervised release. 

(11) Continued study of alternatives to 

incarceration, including possible 

consideration of any changes to the 

Guidelines Manual that might be 

appropriate in light of the information 

obtained from that study. 

(12) Resolution of circuit conflicts, 

pursuant to the Commission’s 

continuing authority and responsibility, 

under 28 U.S.C. 991(b)(1)(B) and 

Braxton v. United States, 500 U.S. 344 

(1991), to resolve conflicting 

interpretations of the guidelines by the 

Federal courts. 

(13) Multi-year review of the 

guidelines pertaining to environmental 

crimes, with particular consideration of 

whether the fine provisions in Part C of 

Chapter Eight of the Guidelines Manual 

should apply to such offenses. 

(14) Consideration of miscellaneous 

guideline application issues coming to 

the Commission’s attention from case 

law and other sources. 

Authority: 28 U.S.C. 994(a), (o); USSC 

Rules of Practice and Procedure 5.2. 

William K. Sessions III, 

Chair. 

[FR Doc. 2010–22340 Filed 9–7–10; 8:45 am] 

BILLING CODE 2211–01–P 

UNITED STATES SENTENCING 

COMMISSION 

Sentencing Guidelines for United 

States Courts 

AGENCY: United States Sentencing 

Commission. 

ACTION: Notice of proposed amendment; 

request for comment. 

SUMMARY: Pursuant to section 994(a), 

(o), and (p) of title 28, United States 

Code, and section 8 of the Fair 

Sentencing Act of 2010, Public Law 

111–220, the Commission is considering 

promulgating a temporary, emergency 

amendment to the sentencing 

guidelines, policy statements, and 

commentary to decrease penalties for 

offenses involving cocaine base (‘‘crack’’ 

cocaine) and to account for certain 

aggravating and mitigating 

circumstances in drug trafficking cases. 

This notice sets forth the proposed 

amendment and, for each part of the 

proposed amendment, a synopsis of the 

issues addressed by that part. This 

notice also provides multiple issues for 

comment, some of which are contained 

within the proposed amendment. 

The specific proposed amendment 

(and issues for comment) in this notice 

is as follows: A proposed temporary, 

emergency amendment and issues for 

comment regarding offenses involving 

crack cocaine (particularly offenses 

covered by §§ 2D1.1 (Unlawful 

Manufacturing, Importing, Exporting, or 

Trafficking (Including Possession with 

Intent to Commit These Offenses); 

(Attempt or Conspiracy) and 2D2.1 

(Unlawful Possession; Attempt or 

Conspiracy)) and to account for certain 

aggravating and mitigating 

circumstances in drug trafficking cases 

(particularly cases under § 2D1.1) to 

implement section 8 of the Fair 

Sentencing Act of 2010, Public Law 

111–220. 

DATES: Written public comment on the 

proposed emergency amendment should 

be received by the Commission not later 

than October 8, 2010, in anticipation of 

a vote to promulgate the emergency 

amendment by November 1, 2010. 

ADDRESSES: Public comment should be 

sent to: United States Sentencing 

Commission, One Columbus Circle, NE., 

Suite 2–500, Washington, DC 20002– 

8002, Attention: Public Affairs. 

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 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 of each year pursuant to 28 

U.S.C. 994(p). 

The Commission seeks comment on 

the proposed amendment and issues for 

comment. 

The parts of the proposed amendment 

in this notice are presented in one of 

two formats. First, some parts of the 

proposed amendment are proposed as 

specific revisions to a guideline or 

commentary. Bracketed text within a 

part of the proposed amendment 

indicates a heightened interest on the 

Commission=s part on comment and 

suggestions regarding alternative policy 

choices; for example, a proposed 

enhancement of [2][4][6] levels indicates 

that the Commission is considering, and 

invites comment on, alternative policy 

choices regarding the appropriate level 

of enhancement. Similarly, bracketed 

text within a specific offense 

characteristic or application note means 

that the Commission specifically invites 

comment on whether the proposed 

provision is appropriate. Second, the 

Commission has highlighted certain 

issues for comment and invites 

suggestions on how the Commission 

should respond to those issues. 

Additional information pertaining to 

the proposed amendment described in 

this notice may be accessed through the 

Commission’s Web site at http:// 

www.ussc.gov. 

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

section 8 of the Fair Sentencing Act of 2010, 


jlentini on DSKJ8SOYB1PROD with NOTICES