[Federal Register Volume 72, Number 187 (Thursday, September 27, 2007)]
[Notices]
[Pages 54960-54961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19117]


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UNITED STATES SENTENCING COMMISSION


Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Notice of extension of the deadline for public comment 
regarding retroactivity.

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SUMMARY: The United States Sentencing Commission submitted a series of 
amendments to the federal sentencing guidelines to Congress on May 1, 
2007. Notice of such amendments was published in the Federal Register 
on May 21, 2007 (72 FR 28558). On July 31, 2007, the Commission 
published a notice (72 FR 41794) requesting

[[Page 54961]]

comment regarding whether either Amendment 9, which pertains to 
offenses involving cocaine base (``crack''), or Amendment 12, which 
pertains to certain criminal history rules, 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 amendments 
that may be applied retroactively to previously sentenced defendants. 
The Commission further requested comment regarding whether, if it 
amends Sec.  1B1.10(c) to include either amendment, it also should 
amend Sec.  1B1.10 to provide guidance to the courts on the procedure 
to be used when applying an amendment retroactively under 18 U.S.C. 
3582(c)(2).
    The Commission is issuing this notice to advise the public that the 
period for public comment regarding retroactivity has been extended to 
November 1, 2007. The deadline was initially October 1, 2007.
    The Commission plans to publish on its Web site, http://www.ussc.gov, data related to possible retroactivity that may assist 
interested parties in preparing their comment. This comment period is 
extended to ensure sufficient time for interested parties to consider 
any such data and to submit comment for Commission review and 
consideration.

DATES: Comment should be received not later than November 1, 2007.

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.

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 http://www.ussc.gov. In addition, 
data relating to possible retroactivity will be posted on the 
Commission's Web site.
    The Commission issued a notice for public comment regarding 
retroactivity of Amendments 9 and 12 on July 31, 2007 (72 FR 41794). 
Comment was initially due to the Commission on October 1, 2007. The 
Commission hereby invites additional comment from any person or group 
who has interest in the issues surrounding the retroactivity of either 
the cocaine base or criminal history guideline amendment. Comment must 
be received by the Commission not later than November 1, 2007.

    Authority: 28 U.S.C. 994(a), (o), (u); USSC Rules of Practice 
and Procedure 4.1, 4.3.

Ricardo H. Hinojosa,
Chair.
[FR Doc. E7-19117 Filed 9-26-07; 8:45 am]
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