8 December 1999
Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html

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[Federal Register: December 8, 1999 (Volume 64, Number 235)]
[Notices]
[Page 68715-68716]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de99-100]

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UNITED STATES SENTENCING COMMISSION


Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Notice of proposed priorities; request for public comment.

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SUMMARY: As part of its statutory authority and responsibility to
analyze sentencing issues, including operation of the federal
sentencing guidelines, and in accordance with Rule 5.2 of its Rules of
Practice and Procedure, the Commission has preliminarily identified
certain priorities as the focus of it policy development work,
including possible amendments to guidelines, policy statements and
commentary, for the amendment cycle ending May 1, 2000. The Commission
has only recently been reconstituted and, due to the constraints of an
abbreviated amendment cycle, the Commission proposes to place on its
agenda only those items the Commission hopes it may be able to conclude
by its statutory deadline of May 1.

DATES: Public comment should be received on or before January 7, 2000.

ADDRESSES: Send comments to: United States Sentencing Commission, One
Columbus Circle, NE, Suite 2-500 South, Washington, DC 20002-8002,
Attention: Public Information-Priorities Comment.

[[Page 68716]]

FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Affairs
Officer, Telephone: (202) 502-4590.

SUPPLEMENTARY INFORMATION: Due to a constrained schedule for developing
and promulgating amendments in the current amendment cycle, the
Commission has determined it necessary to focus and limit its policy
development work for the current amendment cycle to policy work it
believes it may reasonably accomplish by May 1, 2000. Accordingly, the
Commission has limited its current policy development priorities
principally to the following areas: (i) Implementation of legislative
directives and other high priority crime legislation enacted by the
105th Congress for which guideline amendments were not developed or
finalized by the previous Commission; and (ii) Resolution of a limited
number of high priority ``circuit conflicts'' in guideline
interpretation, with the goal of enhancing the consistency with which
the guidelines are applied. While the Commission intends to address
these priority issues promptly, it recognizes that the tight time
constraints and possible complexities of several of the issues may not
permit completion of all work to the Commission's satisfaction by the
statutory deadline of May 1. The Commission plans to address any
unfinished policy development work from this agenda during the next
amendment cycle unless Congress enacts legislation providing the
Commission with emergency amendment authority, which would enable the
Commission to submit guideline amendments after the May 1 statutory
deadline.
    The specific policy development issues that the Commission hopes to
address in this cycle are as follows--

I. Legislative Directives

    The Commission has identified the implementation of the following
directives as a priority for this amendment cycle:
    (A) The No Electronic Theft (NET) Act of 1997--Congress directed
the Commission, under emergency amendment authority, to ensure that (1)
the guideline penalties for intellectual property offenses are
sufficiently stringent to deter those crimes; and (2) the guidelines
pertaining to intellectual property offenses provide for consideration
of the retail value and quantity of infringed items.
    (B) The Telemarketing Fraud Prevention Act of 1998--Congress
directed the Commission, under emergency authority, to provide (1)
Substantially increased penalties for persons convicted of
telemarketing offenses; (2) An additional sentencing enhancement if the
offense involved sophisticated means, including but not limited to
sophisticated concealment efforts; and (3) An additional sentencing
enhancement for cases in which a large number of vulnerable victims are
affected by a fraudulent scheme or schemes. The Commission promulgated
emergency amendments in September 1998 in response to this directive,
but they must be re-promulgated in the coming amendment cycle to be
made permanent.
    (C) The Wireless Telephone Protection Act of 1998--Congress
directed the Commission to review and, if appropriate, amend the
guidelines to provide an appropriate penalty for offenses involving the
fraudulent cloning of wireless telephones.
    (D) The Identity Theft and Assumption Deterrence Act of 1998--
Congress directed the Commission to review and, if appropriate, amend
the guidelines to provide an appropriate penalty for each offense under
18 U.S.C. 1028 (fraud in connection with identification documents).
    (E) The Protection of Children from Sexual Predators Act of 1998--
Congress directed the Commission to (1) Provide a sentencing
enhancement for offenses relating to the transportation of individuals
for illegal sexual activity; (2) Provide a sentencing enhancement if
the defendant used a computer in connection with a sexual offense
against a minor; (3) Provide a sentencing enhancement if the defendant
knowingly misrepresented the defendant's identity in connection with a
sexual offense against a minor; (4) Increase the penalties in any case
in which the defendant engaged in a pattern of activity involving the
sexual abuse or exploitation of a minor; and (5) Amend the guidelines
to clarify that the term ``distribution of pornography'' in the
guidelines relating to distribution of child pornography applies to
distribution for monetary remuneration or for a non-pecuniary interest.

II. Other High Priority Crime Legislation

    The Commission would like to consider amendments to the sentencing
guidelines to implement the following additional high priority crime
legislation:
    (A) The Methamphetamine Trafficking Control Act of 1998--This Act
does not contain a directive, but it increased the penalties for
manufacturing, importing, or trafficking in methamphetamine by reducing
by one-half the quantity of methamphetamine required to trigger the
various mandatory minimum sentences in the drug statutes.
    (B) Firearms Legislation--In Public Law 105-386, Congress amended
18 U.S.C. 924(c) to (1) Create a tiered system of sentencing
enhancement ranges, each with a mandatory minimum and presumed life
maximum, in cases in which a firearm is involved in a crime of violence
or drug trafficking offense (the pertinent minimum sentence being
dependent on whether the firearm was possessed, brandished, or
discharged); (2) Change the mandatory minimum for second or subsequent
convictions under Sec. 924(c) from 20 to 25 years; and (3) broadly
define the term ``brandish.''
    In Public Law 105-277 (section 121 of the General Provisions),
Congress amended 18 U.S.C. 922 to prohibit an alien who is lawfully
present in the United States under a non-immigrant visa from possessing
or otherwise being involved in a firearms offense.

III. Circuit Conflicts

    As it has in the past, the Commission proposes to resolve a number
of conflicts among the circuit courts on sentencing guideline issues.
See Braxton v. United States, 500 U.S. 344 (1991). The Commission has
begun working with the Criminal Law Committee of the Judicial
Conference, the United States Department of Justice, and other
interested participants in the federal criminal justice system to
identify and resolve high priority circuit conflict issues.
    The Commission also expects to review any additional crime
legislation enacted during the first session of the 106th Congress for
matters requiring prompt Commission response. Finally, the Commission
expects to consider several minor technical or conforming amendments
necessary for proper operation of the sentencing guideline system.
    The Commission invites public comment on these proposed priorities.

    Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and
Procedure 5.2.
Diana E. Murphy,
Chair.
[FR Doc. 99-31755 Filed 12-7-99; 8:45 am]
BILLING CODE 2210-40-P
