Federal Register Announcement (11/4/96)

BAC2210-40

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.

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 §3A1.4 (International Terrorism) and its accompanying commentary so that the adjustment in §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 §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 §3A1.4 (relating to international terrorism) applies more broadly to Federal crimes of terrorism, as defined in 18 U.S.C. § 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. § 1255a(c)(6) 2L2.1, 2L2.2",

"16 U.S.C. § 1372 2Q2.1",

"16 U.S.C. § 1387 2Q2.1",

"18 U.S.C. § 474A 2B5.1, 2F1.1",

"18 U.S.C. § 842(l)-(o) 2K1.3",

"18 U.S.C. § 844(b) 2K1.1",

"18 U.S.C. § 844(g) 2K1.3",

"18 U.S.C. § 844(n) 2X1.1",

"18 U.S.C. § 844(o) 2K2.4",

"18 U.S.C. § 956 2A1.5, 2X1.1",

"18 U.S.C. § 1073 2J1.5, 2J1.6",

"18 U.S.C. § 2319A 2B5.3",

"21 U.S.C. § 843(a)(4)(A) 2D1.13",

"26 U.S.C. § 7212(b) 2B1.1, 2B2.1, 2B3.1",

"41 U.S.C. § 423(e) 2C1.1, 2C1.7, 2F1.1",

"49 U.S.C. § 11902 2B4.1",

"49 U.S.C. § 11903 2F1.1",

"49 U.S.C. § 14103(b) 2B1.1",

"49 U.S.C. § 14904 2B4.1",

"49 U.S.C. § 14905(b) 2B1.1",

"49 U.S.C. § 14909 2J1.1",

"49 U.S.C. § 14912 2F1.1",

"49 U.S.C. § 16102 2F1.1",

"49 U.S.C. § 16104 2J1.1".

Appendix A (Statutory Index) is amended in the line referenced to 8 U.S.C. § 1328, by deleting ", 2G1.2";

in the line referenced to 18 U.S.C. § 32(a),(b) by inserting ", 2X1.1" immediately following "2K1.4";

in the line referenced to 18 U.S.C. § 37 by inserting ", 2X1.1" immediately following "2K1.4";

in the line referenced to 18 U.S.C. § 115(a) by inserting ", 2X1.1" immediately following "2A6.1";

in the line referenced to 18 U.S.C. § 115(b)(2) by inserting ", 2X1.1" immediately following "2A4.1";

in the line referenced to 18 U.S.C. § 115 (b)(3) by inserting ", 2X1.1" immediately following "2A2.1";

in the line referenced to 18 U.S.C. § 491 by inserting "2B5.1," immediately before "2F1.1";

in the line referenced to 18 U.S.C. § 752 by inserting ", 2X3.1" immediately following "2P1.1";

in the line referenced to 18 U.S.C. § 1203 by inserting ", 2X1.1" immediately following "2A4.1";

in the line referenced to 18 U.S.C. § 2280 by inserting ", 2X1.1" immediately following "2K1.4";

in the line referenced to 18 U.S.C. § 2281 by inserting ", 2X1.1" immediately following "2K1.4";

in the line referenced to 18 U.S.C. § 2421, by deleting ", 2G1.2";

in the line referenced to 18 U.S.C. § 2422, by deleting ", 2G1.2";

in the line referenced to 18 U.S.C. § 2423(a), by deleting "2G1.2" and inserting in lieu thereof "2G1.1";

by deleting:

"42 U.S.C. § 7413 2Q1.2, 2Q1.3",

and inserting in lieu thereof:

"42 U.S.C. § 7413(c)(1)-(4) 2Q1.2, 2Q1.3

42 U.S.C. § 7413(c)(5) 2Q1.1";

in the line referenced to 49 U.S.C. § 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. § 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. § 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. § 46502(a),(b) by inserting ", 2X1.1" immediately following "2A5.1".

The Commentary to §3B1.4 captioned "Application Notes" is amended in Note 1 by deleting "processing" and inserting in lieu thereof "procuring".

The Commentary to §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 §§2G1.1 and 2G1.2. Finally, this amendment corrects clerical errors in §§3B1.4 and 5C1.2.


United States Sentencing Commission:

Summary: 

Notice of Final Action Regarding Amendments to the Sentencing Guidelines Effective November 1, 1996. (61 FR 56741)