[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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