4802 Federal Register / Vol. 74, No. 16 / Tuesday, January 27, 2009 / Notices 

14 17 CFR 200.30–3(a)(12). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–1672 Filed 1–26–09; 8:45 am] 

BILLING CODE 8011–01–P 

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 voting membership of the 

Practitioners Advisory Group; request 

for applications. 

SUMMARY: 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. Having 

decided to adopt a formal charter for the 

Practitioners Advisory Group, the 

United States Sentencing Commission is 

reconstituting the voting membership of 

the advisory group under that charter. 

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. Under the 

charter, the advisory group will consist 

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 privately represented 

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 post-conviction 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 hereby 

invites any individual who is eligible to 

be appointed to the initial voting 

membership of the Practitioners 

Advisory Group to apply. Applications 

should be received by the Commission 

not later than March 30, 2009. 

Applications may be sent to Michael 

Courlander at the address listed below. 

DATES: Applications for the initial 

voting membership of the Practitioners 

Advisory Group should be received not 

later than March 30, 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 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. 

Having adopted a formal charter for the 

Practitioners Advisory Group, the 

United States Sentencing Commission is 

reconstituting the voting membership of 

the Practitioners Advisory Group under 

that charter. The Commission invites 

any individual who is eligible to be 

appointed to the initial voting 

membership of the Practitioners 

Advisory Group to apply. 

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. E9–1636 Filed 1–26–09; 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 proposed amendments 

to sentencing guidelines, policy 

statements, and commentary. Request 

for public comment, including public 

comment regarding retroactive 

application of any of the proposed 

amendments. Notice of public hearing. 

SUMMARY: Pursuant to section 994(a), 

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

Code, the United States Sentencing 

Commission is considering 

promulgating certain amendments to the 

sentencing guidelines, policy 

statements, and commentary. This 

notice sets forth the proposed 

amendments and, for each proposed 

amendment, a synopsis of the issues 

addressed by that amendment. This 

notice also sets forth a number of issues 

for comment, some of which are set 

forth together with the proposed 

amendments; some of which are set 

forth independent of any proposed 

amendment; and one of which 

(regarding retroactive application of 

proposed amendments) is set forth in 

the SUPPLEMENTARY INFORMATION portion 

of this notice. 

The proposed amendments and issues 

for comment in this notice are as 

follows: (1) A proposed amendment in 

response to the Identity Theft 

Restitution and Enforcement Act of 

2008, title II of Public Law 110–326, 

including proposed changes to § 2B1.1 

(Larceny, Embezzlement, and Other 

Forms of Theft; Offenses Involving 

Stolen Property; Property Damage or 

Destruction; Fraud and Deceit; Forgery; 

Offenses Involving Altered or 

Counterfeit Instruments Other than 

Counterfeit Bearer Obligations of the 

United States), § 2H3.1 (Interception of 

Communications; Eavesdropping; 

Disclosure of Certain Private or 

Protected Information), and § 3B1.3 

(Abuse of Position of Trust or Use of 

Special Skill), and issues for comment 

regarding the guidelines’ treatment of 

offenses involving fraud, identity theft, 

computers, and communications; (2) a 

proposed amendment in response to the 

Ryan Haight Online Pharmacy 

Consumer Protection Act of 2008, 

Public Law 110–465, including 

proposed changes to § 2D1.1 (Unlawful 

Manufacturing, Importing, Exporting, or 

Trafficking (Including Possession with 

Intent to Commit These Offenses); 

Attempt or Conspiracy) and § 2D3.1 

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