[Federal Register Volume 72, Number 198 (Monday, October 15, 2007)]
[Notices]
[Pages 58345-58346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20264]


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UNITED STATES SENTENCING COMMISSION


Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Notice of public hearing.

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SUMMARY: The Commission has scheduled a public hearing regarding 
whether Amendment 9 pertaining to offenses involving cocaine base 
(``crack'') and Amendment 12 pertaining to certain criminal history 
rules, see 72 FR 28558 (May 21, 2007); 72 FR 51882 (September 11, 
2007), should be applied retroactively to previously sentenced 
defendants.

DATES: The Commission has scheduled a public hearing for November 13, 
2007. Requests to testify should be received by the Commission not 
later than October 29, 2007. Written testimony for the public hearing 
must be received by the Commission not later than November 5,

[[Page 58346]]

2007. The Commission requests that, to the extent practicable, written 
testimony be submitted electronically to [email protected] with a 
subject of ``Public Hearing Testimony''. The hearing will be held at 
Georgetown University Law Center, Gerwirz Student Center, Twelfth Floor 
Conference Room, 120 F Street, NW., Washington, DC at 9:30 a.m.

ADDRESSES: Send testimony via electronic mail to: [email protected], 
with a subject of ``Public Hearing Testimony''. Testimony may also be 
sent 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) 502-4590.

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, written testimony should address each of these factors. 
Data relating to possible retroactivity maybe accessed through the 
Commission's Web site at http://www.ussc.gov.

    Authority: 28 U.S.C. 994(x); USSC Rules of Practice and 
Procedure, Rule 4.5.

Ricardo H. Hinojosa,
Chair.
[FR Doc. E7-20264 Filed 10-12-07; 8:45 am]
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