[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Notices]
[Pages 46479-46481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21721]


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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, 2009.

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SUMMARY: On May 1, 2009, the Commission submitted to Congress 
amendments to the Federal sentencing guidelines and published these 
amendments in the Federal Register on May 8, 2009. See 74 FR 21750. 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, 
2009, for the amendments set forth in this notice.

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

[[Page 46480]]


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. This 
notice sets forth technical and conforming amendments to commentary 
that will become effective on November 1, 2009.

    Authority: USSC Rules of Practice and Procedure 4.1.

Ricardo H. Hinojosa,
Acting Chair, Technical and Conforming Amendments.
    1. Amendment: The Commentary to Sec.  2A6.2 captioned ``Application 
Notes'' is amended in Note 4 in the second paragraph by striking ``2'' 
after ``Note'' and inserting ``3''.
    The Commentary to Sec.  2B1.1 captioned ``Application Notes'', as 
amended by Amendment 1 submitted to Congress on May 1, 2009 (74 FR 
21750), is further amended in Note 1, in the paragraph that begins 
``'Personal information' means'', by striking ``(i)'' and inserting 
``(A)''; by striking ``(ii)'' and inserting ``(B)''; by striking 
``(iii)'' and inserting ``(C)''; by striking ``(iv)'' and inserting 
``(D)''; by striking ``(v)'' and inserting ``(E)''; by striking 
``(vi)'' and inserting ``(F)''; and by striking ``(vii)'' and inserting 
``(G)''.
    The Commentary to Sec.  2B1.1 captioned ``Application Notes'' is 
amended in Note 3(F)(iii) by striking ``276a'' and inserting ``3142''.
    The Commentary to Sec.  2B1.1 captioned ``Application Notes'' is 
amended in Note 4(C)(iii) by striking ``his'' and inserting ``the 
addressee's''.
    The Commentary to Sec.  2B1.1 captioned ``Application Notes'' is 
amended in Note 7(E) by striking ``enhancements'' and inserting 
``Chapter Three Adjustments''.
    The Commentary to Sec.  2B1.1 captioned ``Application Notes'' is 
amended in Note 8(C) by striking ``Enhancement'' and inserting 
``Chapter Three Adjustment''.
    The Commentary to Sec.  2B1.1 captioned ``Application Notes'' is 
amended in Note 9 by striking the paragraph that begins `` 
`Telecommunications service' has the meaning''; and by inserting after 
the paragraph that begins `` `Produce' includes manufacture'' the 
following:
    `` `Telecommunications service' has the meaning given that term in 
18 U.S.C. 1029(e)(9).''.
    The Commentary to Sec.  2B1.1 captioned ``Application Notes'', as 
amended by Amendment 1 submitted to Congress on May 1, 2009 (74 FR 
21750), is further amended in Note 14(A) by striking ``this 
subsection'' and inserting ``subsection (b)(17)''; in the paragraph 
that begins `` `Commodities law' '' by striking ``Commodities'' before 
``Exchange'' and inserting ``Commodity''; by striking ``Commodities'' 
before ``Futures'' and inserting ``Commodity'';
    In the paragraph that begins `` `Commodity pool operator' '' by 
striking ``(4)'' and inserting ``(5)'' each place it appears; by 
striking ``Commodities'' and inserting ``Commodity'';
    In the paragraph that begins `` `Commodity trading advisor' '' by 
striking ``(5)'' and inserting ``(6)'' each place it appears; by 
striking ``Commodities'' and inserting ``Commodity'';
    In the paragraph that begins `` `Futures commission merchant' '' by 
striking ``Commodities'' and inserting ``Commodity'';
    In the paragraph that begins `` `Introducing broker' '' by striking 
``Commodities'' and inserting ``Commodity'';
    In the paragraph that begins `` `Investment adviser' '' by 
inserting ``(a)(11)'' after ``202'';
    In the paragraph that begins `` `Person associated with a broker or 
dealer' '' by striking ``(48)'' and inserting ``(18)'';
    and in the paragraph that begins `` `Person associated with an 
investment adviser' '' by inserting ``(a)(17)'' after ``202''.
    The Commentary to Sec.  2D1.6 captioned ``Application Notes'' is 
amended in Note 1 by inserting ``a minimum offense level of 8 where the 
offense involves flunitrazepam (Sec.  2D1.1(c)(16));'' after ``(Sec.  
2D1.1(c)(14));''.
    The Commentary to Sec.  2G1.1 captioned ``Application Notes'' is 
amended in Note 1 in the paragraph that begins `` `Commercial sex act' 
'' by striking ``(c)(1)'' and inserting ``(e)(3)''.
    The Commentary to Sec.  2G1.3 captioned ``Application Notes'' is 
amended in Note 1 in the paragraph that begins `` `Commercial sex act' 
'' by striking ``(c)(1)'' and inserting ``(e)(3)''.
    The Commentary to Sec.  2G2.1 captioned ``Statutory Provisions'' is 
amended by striking ``(b)'' and inserting ``(a)''.
    The Commentary to Sec.  2H3.1 captioned ``Application Notes'', as 
amended by Amendment 1 submitted to Congress on May 1, 2009 (74 FR 
21750), is further amended in Note 4, in the paragraph that begins `` 
`Personal information' means'', by striking ``(i)'' and inserting 
``(A)''; by striking ``(ii)'' and inserting ``(B)''; by striking 
``(iii)'' and inserting ``(C)''; by striking ``(iv)'' and inserting 
``(D)''; by striking ``(v)'' and inserting ``(E)''; by striking 
``(vi)'' and inserting ``(F)''; and by striking ``(vii)'' and inserting 
``(G)''.
    The Commentary to Sec.  2H3.1 captioned ``Application Notes'' is 
amended in Note 5 by striking ``(i)'' and inserting ``(A)''; and by 
striking ``(ii)'' and inserting ``(B)''.
    The Commentary to Sec.  2J1.5 captioned ``Statutory Provisions'' is 
amended by striking ``Provision'' and inserting ``Provisions''; and by 
striking ``(2)'' and inserting ``(1)(B)''.
    The Commentary to Sec.  2J1.5 captioned ``Application Notes'' is 
amended in Note 2 by striking ``this offense'' and inserting ``an 
offense under 18 U.S.C. 3146(b)(1)(B)''.
    The Commentary to Sec.  2J1.5 captioned ``Background'' is amended 
by striking ``This offense covered by this section'' and inserting 
``The offense under 18 U.S.C. 3146(b)(1)(B)''.
    The Commentary to Sec.  3B1.2 captioned ``Application Notes'' is 
amended in Note 6 by striking ``(3)'' and inserting ``(5)''.
    The Commentary following Sec.  3D1.5 captioned ``Illustrations of 
the Operation of the Multiple-Count Rules'' is amended in example 3 by 
striking ``he'' and inserting ``the defendant''; and by striking 
``(8)'' and inserting ``(9)''.
    Appendix A (Statutory Index), as amended by Amendment 8 submitted 
to Congress on May 1, 2009 (74 FR 21750), is further amended by 
striking the line that begins ``50 U.S.C. App. Sec.  527(e)''; and by 
inserting after the line that begins ``50 U.S.C. App. Sec.  462'' the 
following: ``50 U.S.C. App. Sec.  527(e)2X5.2''.
    Reason for Amendment: This amendment makes certain technical and 
conforming changes to commentary.

[[Page 46481]]

    First, it updates obsolete statutory and guideline references in 
Sec. Sec.  2A6.2 (Stalking or Domestic Violence), Application Note 4; 
2B1.1 (Theft, Property Destruction, and Fraud), Application Notes 
3(F)(iii) and 14(A); 2G1.1 (Promoting a Commercial Sex Act or 
Prohibited Sexual Conduct with an Individual Other than a Minor), 
Application Note 1; 2G1.3 (Promoting a Commercial Sex Act or Prohibited 
Sexual Conduct with a Minor; Transportation of Minors to Engage in a 
Commercial Sex Act or Prohibited Sexual Conduct; Travel to Engage in 
Commercial Sex Act or Prohibited Sexual Conduct with a Minor; Sex 
Trafficking of Children; Use of Interstate Facilities to Transport 
Information about a Minor), Application Note 1; 2G2.1 (Sexually 
Exploiting a Minor by Production of Sexually Explicit Visual or Printed 
Material; Custodian Permitting Minor to Engage in Sexually Explicit 
Conduct; Advertisement for Minors to Engage in Production), Statutory 
Provisions; 2J1.5 (Failure to Appear by Material Witness), Statutory 
Provisions; 3B1.2 (Mitigating Role), Application Note 6; and the 
Illustrations following 3D1.5 (Determining the Total Punishment).
    Second, it makes clerical and stylistic changes to the Commentary 
to Sec.  2B1.1; the Commentary to Sec.  2H3.1 (Interception of 
Communications; Eavesdropping; Disclosure of Certain Private or 
Protected Information); and the Illustrations following Sec.  3D1.5.
    Third, it amends Sec.  2D1.6 (Use of Communication Facility in 
Committing Drug Offense; Attempt or Conspiracy), Application Note 1, to 
ensure that its description of the various minimum offense levels that 
apply to controlled substances under Sec.  2D1.1 (Unlawful 
Manufacturing, Importing, Exporting, or Trafficking (Including 
Possession with Intent to Commit These Offenses); Attempt or 
Conspiracy) is more comprehensive (i.e., by including in that 
description the minimum offense level that applies to flunitrazepam).
    Finally, it amends Appendix A (Statutory Index) to ensure that the 
line reference to 50 U.S.C. App. Sec.  527(e) is placed in the 
appropriate order.

[FR Doc. E9-21721 Filed 9-8-09; 8:45 am]
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