[Federal Register Volume 74, Number 110 (Wednesday, June 10, 2009)]
[Notices]
[Page 27586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13624]


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UNITED STATES SENTENCING COMMISSION


Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Request for public comment.

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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 Sec.  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 Sec.  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 Sec.  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 Affairs-Retroactivity 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 Sec.  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 Sec.  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 Sec.  
1B1.10(b) as among the factors the Commission considers in selecting 
the amendments included in Sec.  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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