27586 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Notices 

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 the membership of the Victims 

Advisory Group; request for 

applications. 

SUMMARY: The Victims 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 Victims 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, as they relate to victims of 

crime; (3) to disseminate information 

regarding sentencing issues to 

organizations represented by the 

Victims Advisory Group and to other 

victims of crime and victims advocacy 

groups, as appropriate; and (4) to 

perform any other functions related to 

victims of crime as the Commission 

requests. Under the charter, the advisory 

group consists of not more than nine 

members, each of whom may serve not 

more than two consecutive three-year 

terms. Each member is appointed by the 

Commission. In view of vacancies in the 

membership of the advisory group, the 

Commission hereby invites any 

individual who has knowledge, 

expertise, and/or experience in the area 

of federal crime victimization to apply 

to be appointed to the membership of 

the Victims Advisory Group. 

Applications should be received by the 

Commission not later than August 10, 

2009. Applications may be sent to 

Michael Courlander at the address listed 

below. 

DATES: Applications for membership of 

the Victims Advisory Group should be 

received not later than August 10, 2009. 

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: Section 

995(a)(1) of title 28, United States Code, 

authorizes the United States Sentencing 

Commission to establish general 

policies and promulgate rules and 

regulations as necessary for the 

Commission to carry out the purposes of 

the Sentencing Reform Act of 1984. The 

Victims Advisory Group is a standing 

advisory group of the Commission. The 

Commission invites any individual who 

has knowledge, expertise, and/or 

experience in the area of federal crime 

victimization to apply to be appointed 

to the membership of the Victims 

Advisory Group. 

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

USSC Rules of Practice and Procedure 5.2, 

5.4. 

Ricardo H. Hinojosa, 

Acting Chair. 

[FR Doc. E9–13622 Filed 6–9–09; 8:45 am] 

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UNITED STATES SENTENCING 

COMMISSION 

Sentencing Guidelines for United 

States Courts 

AGENCY: United States Sentencing 

Commission. 

ACTION: Request for public comment. 

SUMMARY: On May 1, 2009, the 

Commission submitted to the Congress 

amendments to the sentencing 

guidelines and official commentary, 

which become effective on November 1, 

2009, unless Congress acts to the 

contrary. Such amendments and the 

reasons for amendment subsequently 

were published in the Federal Register. 

74 FR 21750 (May 8, 2009). One of the 

amendments, specifically Amendment 7 

pertaining to the undue influence 

enhancement at subsection (b)(2)(B)(ii) 

of § 2A3.2 (Criminal Sexual Abuse of a 

Minor Under the Age of Sixteen Years 

(Statutory Rape) or Attempt to Commit 

Such Acts) and at subsection (b)(2)(B) of 

§ 2G1.3 (Promoting a Commercial Sex 

Act or Prohibited Sexual Conduct with 

a Minor; Transportation of Minors to 

Engage in a Commercial Sex Act or 

Prohibited Sexual Conduct; Travel to 

Engage in Commercial Sex Act or 

Prohibited Sexual Conduct with a 

Minor; Sex Trafficking of Children; Use 

of Interstate Facilities to Transport 

Information about a Minor), has the 

effect of lowering guideline ranges. The 

Commission requests comment 

regarding whether that amendment 

should be included in subsection (c) of 

§ 1B1.10 (Reduction in Term of 

Imprisonment as a Result of Amended 

Guideline Range (Policy Statement)) as 

an amendment that may be applied 

retroactively to previously sentenced 

defendants. 

DATES: Public comment should be 

received on or before August 10, 2009. 

ADDRESSES: Send comments to: United 

States Sentencing Commission, One 

Columbus Circle, NE., Suite 2–500, 

South Lobby, Washington, DC 20002– 

8002, Attention: Public AffairsRetroactivity Public Comment. 

FOR FURTHER INFORMATION CONTACT: 

Michael Courlander, Public Affairs 

Officer, Telephone: (202) 502–4590. 

SUPPLEMENTARY INFORMATION: Section 

3582(c)(2) of title 18, United States 

Code, provides that ‘‘in the case of a 

defendant who has been sentenced to a 

term of imprisonment based on a 

sentencing range that has subsequently 

been lowered by the Sentencing 

Commission pursuant to 28 U.S.C. 

994(o), upon motion of the defendant or 

the Director of the Bureau of Prisons, or 

on its own motion, the court may reduce 

the term of imprisonment, after 

considering the factors set forth in 

section 3553(a) to the extent that they 

are applicable, if such a reduction is 

consistent with applicable policy 

statements issued by the Sentencing 

Commission.’’ 

The Commission lists in § 1B1.10(c) 

the specific guideline amendments that 

the court may apply retroactively under 

18 U.S.C. 3582(c)(2). The background 

commentary to § 1B1.10 lists the 

purpose of the amendment, the 

magnitude of the change in the 

guideline range made by the 

amendment, and the difficulty of 

applying the amendment retroactively 

to determine an amended guideline 

range under § 1B1.10(b) as among the 

factors the Commission considers in 

selecting the amendments included in 

§ 1B1.10(c). To the extent practicable, 

public comment should address each of 

these factors. 

The text of the amendments 

referenced in this notice also may be 

accessed through the Commission’s Web 

site at www.ussc.gov. 

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

Rules of Practice and Procedure 4.1, 4.3. 

Ricardo H. Hinojosa, 

Acting Chair. 

[FR Doc. E9–13624 Filed 6–9–09; 8:45 am] 

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