[Federal Register Volume 72, Number 175 (Tuesday, September 11, 2007)]
[Notices]
[Pages 51882-51883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17796]


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UNITED STATES SENTENCING COMMISSION


Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Notice of final action regarding technical and conforming 
amendments to federal sentencing guidelines effective November 1, 2007.

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SUMMARY: On May 1, 2007, the Commission submitted to Congress 
amendments to the federal sentencing guidelines and published these 
amendments in the Federal Register on May 21, 2007. See 72 FR 28558. 
The Commission has made technical and conforming amendments, set forth 
in this notice, to commentary provisions related to those amendments.

DATES: The Commission has specified an effective date of November 1, 
2007, for the amendments set forth in this notice.

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

SUPPLEMENTARY INFORMATION: The United States Sentencing Commission, an 
independent commission in the judicial branch of the United States 
government, is authorized by 28 U.S.C. 994(a) to promulgate sentencing 
guidelines and policy statements for federal courts. Section 994 also 
directs the Commission to review and revise periodically promulgated 
guidelines and authorizes it to submit guideline amendments to Congress 
not later than the first day of May each year. See 28 U.S.C. 994(o), 
(p). Absent an affirmative disapproval by Congress within 180 days 
after the Commission submits its amendments, the amendments become 
effective on the date specified by the Commission (typically November 1 
of the same calendar year). See 28 U.S.C. 994(p).
    Unlike amendments made to sentencing guidelines, amendments to 
commentary may be made at any time and are not subject to congressional 
review. To the extent practicable, the Commission endeavors to include 
amendments to commentary in any submission of guideline amendments to 
Congress. Occasionally, however, the Commission determines that 
technical and conforming changes to commentary are necessary in order 
to execute correctly the amendments submitted to Congress. This notice 
sets forth technical and conforming amendments to commentary related to 
the amendments submitted to Congress on May 1, 2007, that will become 
effective on November 1, 2007, absent congressional action to the 
contrary.

    Authority: USSC Rules of Practice and Procedure 4.1.

Ricardo H. Hinojosa,
Chair.

Retroactive Application of Amendment 5 Submitted to Congress on May 1, 
2007 (see 72 FR 28558; USSG App. C (Amendment 702))

    1. Amendment: Section 1B1.10(c) is amended by striking ``and'' and 
by inserting ``, and 702'' before the period.
    Reason for Amendment: Amendment 5 submitted to Congress on May 1, 
2007 (see 72 FR 28558; USSG App. C (Amendment 702)) corrects 
typographical errors in subsection (b)(13)(C) of Sec.  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) and subsection 
(b)(1) of Sec.  2L1.1 (Smuggling, Transporting, or Harboring an 
Unlawful Alien). As stated in the reason for amendment accompanying 
Amendment 5, this amendment adds Amendment 5 to Sec.  1B1.10 (Reduction 
in Term of Imprisonment as a Result of Amended Guideline Range) as an 
amendment that the court may consider for retroactive application.

Technical and Conforming Amendments

    2. Amendment: The Commentary to Sec.  2A3.4 captioned ``Statutory 
Provisions'' is amended by striking ``Provisions'' and inserting 
``Provision''.
    Section 2A3.5(b)(1)(A), as added by Amendment 4 submitted to 
Congress on May 1, 2007 (see FR 72 28558; USSG App. C (Amendment 701)), 
is amended by inserting a comma after ``minor''.
    Chapter Two, Part D is amended in the heading by inserting ``AND 
NARCO-TERRORISM'' after ``DRUGS''.
    The Commentary to Sec.  2D1.1 captioned ``Application Notes'', as 
amended by Amendment 9 submitted to Congress on May 1, 2007 (see 72 FR 
28558; USSG App. C (Amendment 706)), is further amended by striking 
subdivision (D) of Note 10 and inserting the following:
    ``(D) Determining Base Offense Level in Offenses Involving Cocaine 
Base and Other Controlled Substances.--
    (i) In General.--If the offense involves cocaine base (`crack') and 
one or more other controlled substance, determine the base offense 
level as follows:

[[Page 51883]]

    (I) Determine the base offense level for the quantity of cocaine 
base involved in the offense.
    (II) Using the marihuana equivalency obtained from the table in 
this subdivision, convert the quantity of cocaine base involved in the 
offense to its equivalent quantity of marihuana.

------------------------------------------------------------------------
        Base offense level                 Marihuana equivalency
------------------------------------------------------------------------
38...............................  6.7 kg of marihuana per g of cocaine
                                    base.
36...............................  6.7 kg of marihuana per g of cocaine
                                    base.
34...............................  6 kg of marihuana per g of cocaine
                                    base.
32...............................  6.7 kg of marihuana per g of cocaine
                                    base.
30...............................  14 kg of marihuana per g of cocaine
                                    base.
28...............................  11.4 kg of marihuana per g of cocaine
                                    base.
26...............................  5 kg of marihuana per g of cocaine
                                    base.
24...............................  16 kg of marihuana per g of cocaine
                                    base.
22...............................  15 kg of marihuana per g of cocaine
                                    base.
20...............................  13.3 kg of marihuana per g of cocaine
                                    base.
18...............................  10 kg of marihuana per g of cocaine
                                    base.
16...............................  10 kg of marihuana per g of cocaine
                                    base.
14...............................  10 kg of marihuana per g of cocaine
                                    base.
12...............................  10 kg of marihuana per g of cocaine
                                    base.
------------------------------------------------------------------------

    (III) Determine the combined marihuana equivalency for the other 
controlled substance or controlled substances involved in the offense 
as provided in subdivision (B) of this note.
    (IV) Add the quantity of marihuana determined under subdivisions 
(II) and (III), and look up the total in the Drug Quantity Table to 
obtain the combined base offense level for all the controlled 
substances involved in the offense.
    (ii) Example.--The case involves 1.5 kg of cocaine, 10 kg of 
marihuana, and 20 g of cocaine base. Under the Drug Quantity Table, 20 
g of cocaine base corresponds to a base offense level of 26. Pursuant 
to the table in subdivision (II), the base offense level of 26 
corresponds to a marihuana equivalency of 5 kg per gram of cocaine 
base. Therefore, the equivalent quantity of marihuana for the cocaine 
base is 100 kg (20 g x 5 kg = 100 kg). Pursuant to subdivision (B), the 
equivalent quantity of marihuana for the cocaine and marihuana is 310 
kg. (The cocaine converts to an equivalent of 300 kg of marihuana (1.5 
kg x 200 g = 300 kg), which, when added to the 10 kg of marihuana, 
results in an equivalent quantity of 310 kg of marihuana.) Adding the 
equivalent quantities of marihuana of all three drug types results in a 
combined quantity of 410 kg of marihuana (100 kg + 310 kg = 410 kg), 
which corresponds to a combined base offense level of 28 in the Drug 
Quantity Table.''.
    The Commentary to Sec.  2N2.1 captioned ``Application Notes'' is 
amended in Note 4 by inserting ``and Narco-Terrorism'' after ``Drugs''.
    The Commentary to Sec.  5B1.3 captioned ``Application Note'', as 
added by Amendment 4 submitted to Congress on May 1, 2007 (see 72 FR 
28558; USSG App. C (Amendment 701)), is amended by striking ``(b)'' 
each place it appears and inserting ``(a)''.
    The Commentary to Sec.  5D1.3 captioned ``Application Note'', as 
added by Amendment 4 submitted to Congress on May 1, 2007 (see 72 FR 
28558; USSG App. C (Amendment 701)), is amended by striking ``(b)'' 
each place it appears and inserting ``(a)''.
    Appendix A (Statutory Index) is amended by striking the lines 
referenced to ``50 U.S.C. 421'' and ``50 U.S.C. 783(b)'' the first 
place they appear.
    Reason for Amendment: This amendment makes various technical and 
conforming amendments in order to execute properly amendments submitted 
to Congress on May 1, 2007, and that will become effective on November 
1, 2007. Specifically, the amendment corrects grammatical errors in the 
commentary to Sec.  2A3.4 (Abusive Sexual Contact or Attempt to Commit 
Abusive Sexual Contact); amends the commentary to Sec.  2D1.1 (Unlawful 
Manufacturing, Importing, Exporting, or Trafficking (Including 
Possession with Intent to Commit These Offenses); Attempt or 
Conspiracy); changes the heading in Chapter Two, Part D and makes the 
conforming change to Sec.  2N2.1 (Violations of Statutes and 
Regulations Dealing With Any Food, Drug, Biological Product, Device, 
Cosmetic, or Agricultural Product); corrects typographical errors in 
Sec. Sec.  5B1.3 (Conditions of Probation) and 5D1.3 (Conditions of 
Supervised Release); and amends Appendix A to remove duplicate 
listings.

 [FR Doc. E7-17796 Filed 9-10-07; 8:45 am]
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