[Federal Register Volume 61, Number 214 (Monday, November 4, 1996)]
[Notices]
[Pages 56741-56742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28206]


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UNITED STATES SENTENCING COMMISSION


Revisions to the Sentencing Guidelines for the United States 
Courts

AGENCY: United States Sentencing Commission.

ACTION: Notice of final action regarding amendments to sentencing 
guidelines effective November 1, 1996.

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SUMMARY: The Sentencing Commission hereby gives notice of the following 
actions: (1) pursuant to section 730 of the Antiterrorism and Effective 
Death Penalty Act of 1996 and 28 U.S.C. 994(a), the Commission has 
amended Sec. 3A1.4 (International Terrorism) and its accompanying 
commentary so that the adjustment in Sec. 3A1.4 (relating to 
international terrorism) applies more broadly to Federal crimes of 
terrorism, as defined in 18 U.S.C. 2332b(g); and (2) pursuant to 28 
U.S.C. 994 (a) and (p), the Commission has made miscellaneous additions 
and corrections to the Statutory Index and has made clerical amendments 
to the commentary of two guidelines.

DATES: The Commission has specified an effective date of November 1, 
1996, for these actions.

FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Information 
Specialist, Telephone: (202) 273-4590.

    Authorities: Section 730 of the Antiterrorism and Effective 
Death Penalty Act, 28 U.S.C. 994(a).
Richard P. Conaboy,
Chairman.

Amendments to Guidelines and Commentary

    1. Amendment: Section 3A1.4 is amended in the title by deleting 
``International''.
    Section 3A1.4(a) is amended by deleting ``international'' and 
inserting in lieu thereof ``a federal crime of''.
    The Commentary to Sec. 3A1.4 captioned ``Application Notes'' is 
amended in Note 1 in the first sentence by deleting ``international'' 
and inserting in lieu thereof ``a federal crime of''; and in the second 
sentence by deleting ``International'' and inserting in lieu thereof 
``Federal crime of'', and by deleting ``2331'' and inserting in lieu 
thereof ``2332b(g)''.
    Reason for Amendment: This amendment implements section 730 of the 
Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. 104-132, 
110 Stat. 1214. That section requires the Commission to amend the 
sentencing guidelines so that the adjustment in Sec. 3A1.4 (relating to 
international terrorism) applies more broadly to Federal crimes of 
terrorism, as defined in 18 U.S.C. Sec. 2332b(g), and provides that the 
Commission shall have the authority to promulgate this amendment as an 
emergency amendment under procedures set forth in section 21(a) of the 
Sentencing Act of 1987.
    2. Amendment: Appendix A (Statutory Index) is amended by inserting 
at the appropriate place by title and section:


``8 U.S.C. Sec.  1255A(c)(6)...........  2L2.1, 2L2.2'',                
``16 U.S.C. Sec.  1372.................  2Q2.1'',                       
``16 U.S.C. Sec.  1387.................  2Q2.1'',                       
``18 U.S.C. Sec.  474A.................  2B5.1, 2F1.1'',                
``18 U.S.C. Sec.  842 (l)-(o)..........  2K1.3'',                       
``18 U.S.C. Sec.  844(b)...............  2K1.1'',                       
``18 U.S.C. Sec.  844(g)...............  2K1.3'',                       
``18 U.S.C. Sec.  844(n)...............  2X1.1'',                       
``18 U.S.C. Sec.  844(o)...............  2K2.4'',                       
``18 U.S.C. Sec.  956..................  2A1.5, 2X1.1'',                
``18 U.S.C. Sec.  1073.................  2J1.5, 2J1.6'',                
``18 U.S.C. Sec.  2319A................  2B5.3'',                       
``21 U.S.C. Sec.  843(a)(4)(A).........  2D1.13'',                      
``26 U.S.C. Sec.  7212(b)..............  2B1.1, 2B2.1, 2B3.1'',         
``41 U.S.C. Sec.  423(e)...............  2C1.1, 2C1.7, 2F1.1'',         
``49 U.S.C. Sec.  11902................  2B4.1'',                       
``49 U.S.C. Sec.  11903................  2F1.1'',                       
``49 U.S.C. Sec.  14103(b).............  2B1.1'',                       
``49 U.S.C. Sec.  14904................  2B4.1'',                       
``49 U.S.C. Sec.  14905(b).............  2B1.1'',                       
``49 U.S.C. Sec.  14909................  2J1.1'',                       
``49 U.S.C. Sec.  14912................  2F1.1'',                       
``49 U.S.C. Sec.  16102................  2F1.1'',                       
``49 U.S.C. Sec.  16104................  2J1.1''.                       
                                                                        

    Appendix A (Statutory Index) is amended in the line referenced to 8 
U.S.C. Sec. 1328, by deleting ``, 2G1.2'';
    in the line referenced to 18 U.S.C. Sec. 32(a), (b) by inserting 
``, 2X1.1'' immediately following ``2K1.4'';
    in the line referenced to 18 U.S.C. Sec. 37 by inserting ``, 
2X1.1'' immediately following ``2K1.4'';
    in the line referenced to 18 U.S.C. Sec. 115(a) by inserting ``, 
2X1.1'' immediately following ``2A6.1'';
    in the line referenced to 18 U.S.C. Sec. 115(b)(2) by inserting ``, 
2X1.1'' immediately following ``2A4.1'';
    in the line referenced to 18 U.S.C. Sec. 115(b)(3) by inserting ``, 
2X1.1'' immediately following ``2A2.1'';
    in the line referenced to 18 U.S.C. Sec. 491 by inserting 
``2B5.1,'' immediately before ``2F1.1'';
    in the line referenced to 18 U.S.C. Sec. 752 by inserting ``, 
2X3.1'' immediately following ``2P1.1'';
    in the line referenced to 18U.S.C. Sec. 1203 by inserting ``, 
2X1.1'' immediately following ``2A4.1'';
    in the line referenced to 18 U.S.C. Sec. 2280 by inserting ``, 
2X1.1'' immediately following ``2K1.4'';
    in the line referenced to 18 U.S.C. Sec. 2281 by inserting ``, 
2X1.1'' immediately following ``2K1.4'';
    in the line referenced to 18 U.S.C. Sec. 2421, by deleting ``, 
2G1.2'';
    in the line referenced to 18 U.S.C. Sec. 2422, by deleting ``, 
2G1.2'';
    in the line referenced to 18 U.S.C. Sec. 2423(a), by deleting 
``2G1.2'' and inserting in lieu thereof ``2G1.1'';
    by deleting:


``42 U.S.C. Sec.  7413.................  2Q1.2, 2Q1.3'',                
                                                                        

    and inserting in lieu thereof:


``42 U.S.C. Sec.  7413(c) (1)-(4)......  2Q1.2, 2Q1.3                   
42 U.S.C. Sec.  7413(c)(5).............  2Q1.1'';                       
                                                                        

    in the line referenced to 49 U.S.C. Sec. 11904 by deleting 
``2B4.1'' and inserting in lieu thereof ``2F1.1 (2B4.1 for offenses 
committed prior to January 1, 1996)'';
    in the line referenced to 49 U.S.C. Sec. 11907(a) by inserting 
``(for offenses committed prior to January 1, 1996)'' immediately 
following ``2B4.1'';
    in the line referenced to 49 U.S.C. Sec. 11907(b) inserting ``(for 
offenses committed prior to January 1, 1996)'' immediately following 
``2B4.1''; and
    in the line referenced to 49 U.S.C. Sec. 46502(a), (b) by 
inserting, ``, 2X1.1'' immediately following ``2A5.1''.

[[Page 56742]]

    The Commentary to Sec. 3B1.4 captioned ``Application Notes'' is 
amended in Note 1 by deleting ``processing'' and inserting in lieu 
thereof ``procuring''.
    The Commentary to Sec. 5C1.2 captioned ``Application Notes'' is 
amended in Note 6 in the second sentence by deleting `a organizer,'' 
and inserting in lieu thereof `an organizer,''.
    Reason for Amendment: This amendment makes Appendix A (Statutory 
Index) more comprehensive. References are added for additional 
offenses, including offenses enacted by the Marine Mammal Protection 
Act Amendments of 1994, Pub. L. 103-238, 108 Stat. 532; the ICC 
Termination Act of 1995, Pub. L. 104-88, 109 Stat. 803; the National 
Defense Authorization Act for Fiscal Year 1996, Pub. L. 104-106, 110 
Stat. 186; and the Antiterrorism and Effective Death Penalty Act of 
1996, Pub. L. 104-132, 110 Stat. 1214. In addition, this amendment 
revises Appendix A to conform to the revision of existing statutes and 
reflect the consolidation of Secs. 2G1.1 and 2G1.2. Finally, this 
amendment corrects clerical errors in Secs. 3B1.4 and 5C1.2.

[FR Doc. 96-28206 Filed 11-1-96; 8:45 am]
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