Minutes from November 22, 1994

Minutes of the November 22, 1994,
United States Sentencing Commission
Business Meeting

The meeting was called to order at 1:11 p.m. by Chairman Richard P. Conaboy in the training rooms of the Thurgood Marshall Federal Judiciary Building. The following commissioners, staff, and guests participated:

Richard P. Conaboy, Chairman
Michael S. Gelacak, Vice Chairman
A. David Mazzone, Vice Chairman
Julie E. Carnes, Commissioner
Michael Goldsmith, Commissioner
Deanell R. Tacha, Commissioner
Michael Gaines, Representative, Parole Commission
Jo Ann Harris, Ex Officio Commissioner
Phyllis J. Newton, Staff Director
Paul K. Martin, Deputy Staff Director
John R. Steer, General Counsel
Marguerite Driessen, Staff Attorney
Peter Hoffman, Principal Technical Advisor
Win Swenson, Deputy General Counsel
Alan J. Chaset, Representative, American Bar Association, National Association of Criminal Defense Lawyers, Practitioners' Advisory Group
Tom Hutchison, Representative, Federal Public Defenders
Maggie Jensen, Representative, Probation and Pretrial Services Division, Administrative Office of the U.S. Courts

Commissioner Wayne Budd was unable to attend because of prior commitments.

Motion made by Commissioner Carnes to adopt the minutes of the November 4, 1994, meeting; seconded by Commissioner Tacha. Passed unanimously.

Chairman Conaboy introduced Commissioner Michael Gaines, who is representing the Parole Commission in an ex officio capacity, and probation officer Mark Walker (D. OR), on temporary assignment to the Commission.

Chairman Conaboy announced a change in the February Commission meeting date to February 21, 1995, and announced the Commission's annual public hearing on March 14.

 

Crime Bill Drug Provisions

Sec. 90102, Increased Penalties for Drug Dealing in "Drug Free" Zones; Sec. 320107, Increased Penalties for Drug Trafficking Near Public Housing; Sec. 180201, Drug Free Truck Stops and Safety Rest Areas; Sec. 90106, Advertising

Sec. 90102. Increased Penalties for Drug Dealing in "Drug Free" Zones

Motion made by Commissioner Tacha to add language to the "Issue for Comment" requesting whether additional levels of enhancements may be appropriate; seconded by Commissioner Carnes. Passed unanimously.

Motion made by Commissioner Carnes to adopt the proposed drug provisions amendments, including the earlier Tacha motion, for publication in the Federal Register; seconded by Commissioner Goldsmith. Passed unanimously.

 

Crime Bill Vulnerable Victim Provisions

Sec. 240002, Crimes Against the Elderly; Sec. 250002, Enhanced Penalties for Telemarketing Fraud; Sec. 250003, Increased Penalties for Fraud Against Older Victims; Sec. 170201, Assaults Against Children

Motion made by Commissioner Mazzone to adopt the proposed amendments for publication in the Federal Register; seconded by Commissioner Tacha. Passed unanimously. Commissioner Carnes was not in the room at the time of the vote.

 

Crime Bill Firearms and Violent Offenses Provisions

Provisions That Require No Amendment

Sec. 60003, Specific Offenses for Which Death Penalty is Authorized; Sec. 60006, Death Penalty for Civil Rights Murders; Sec. 60007, Death Penalty for Murder of Federal Law Enforcement Officials; Sec. 60010, Aggravated Sexual Abuse; Sec. 60020, Torture; Sec. 60022, Terrorist Death Penalty Act

No motion was made because Commission action is not necessary.

Provisions That May Require Only Amendment of the Statutory Index

Sec. 40221, Interstate Domestic Violence; Sec. 60005, Death Penalty for Murder by a Federal Prisoner; Sec. 60009, Foreign Murder of United States Nationals; Sec. 60012, Murder by Escaped Prisoners; Sec. 60013, Death Penalty for Gun Murders During Federal Crimes of Violence and Drug Trafficking Crimes; Sec. 60015, Death Penalty for the Murder of State or Local Officials Assisting Federal Law Enforcement Officials and State Correctional Officers; Sec. 60021, Violence at Airports Serving International Civil Aviation; Sec. 6023, Weapons of Mass Destruction; Sec. 110503, Smuggling Firearms in Aid of Drug Trafficking; Sec. 110517, Increased Penalty for Interstate Gun Trafficking

Motion made by Commissioner Tacha to adopt the proposed amendments for publication in the Federal Register; seconded by Commissioner Mazzone. Passed unanimously.

Provisions That May Require Cross Reference or Amendment of Statutory Index

Sec. 60010, Death Penalty for Rape and Child Molestation Murders; Sec. 60011, Death Penalty for Sexual Exploitation of Children; Sec. 60016, Protection of Court Officers and Jurors; Sec. 60017, Prohibition of Retaliatory Killings of Witnesses, Victims, and Informants; Sec. 60024, Enhanced Penalties for Alien Smuggling

Motion made by Commissioner Mazzone to adopt the proposed amendments for publication in the Federal Register; seconded by Commissioner Carnes. Passed unanimously.

 

Crime Bill Miscellaneous Offenses/Sentencing Provisions

Provisions That Require No Commission Action

Sec. 20403, Sentences to Account for Costs to the Government of Imprisonment, Release, and Probation; Sec. 100001-100003, Drunk Driving Provisions; Sec. 140001, Prosecution as Adults of Certain Juveniles for Crimes of Violence; Sec. 150002, Adult Prosecution of Serious Juvenile Offenders; Sec. 210305, Federal Bureau of Investigation; Sec. 250006, Broadening Application of Mail Fraud Statute; Sec. 250007, Fraud and Related Activity in Connection with Access Devices; Sec. 290001, Computer Abuse Amendments Act of 1994; Sec. 30002, Prohibition on Release and Use of Certain Personal Information from State Motor Vehicle Records; Sec. 320103, Increased Penalties for Civil Rights Violations; Sec. 320104, Penalties for Trafficking in Counterfeit Goods and Services; Sec. 320109, Military Medals and Decorations; Sec. 320604, Miscellaneous Amendments to Title 18, United States Code; Sec. 320606, Federal Credit Union Act Amendments; Sec. 320903, Addition of Attempted Robbery, Kidnapping, Smuggling, and Property Damage Offenses to Eliminate Inconsistencies and Gaps in Coverage; Sec. 320905, Interstate Wagering; Sec. 320911, Misuse of Initials "DEA"

No motion was made because Commission action is not necessary.

Provisions That May Require Only Amendment of the Statutory Index

Sec. 120003, Counterfeiting United States Currency Abroad; Sec. 320108, Task Force and Criminal Penalties Relating to the Introduction of Nonindigeneous Species; Sec. 320601, Receiving the Proceeds of Extortion or Kidnapping; Sec. 320602, Receiving the Proceeds of a Postal Robbery; Sec. 320603, Crimes By or Affecting Persons Engaged in the Business of Insurance Whose Activities Affect Interstate Commerce; Sec. 320902, Theft of Major Artwork

Motion made by Commissioner Tacha to adopt the proposed amendments for publication in the Federal Register; seconded by Commissioner Goldsmith. Passed unanimously.

Provisions That Require Guideline Amendment or the Publication of an Issue for Comment

Sec. 60024, Enhanced Penalties for Alien Smuggling; Sec. 70001, Mandatory Life Imprisonment for Persons COnvicted of Certain Felonies; Sec. 120004, Sentencing Guidelines Increase for Terrorist Crimes; Sec. 130001, Enhancement of Penalties for Failing to Depart, or Reentering, After Final Order of Deportation; Sec. 130009, Passport and Visa Offenses Penalties Improvement; Sec. 140007, Increased Penalties for Travel Act Crimes Involving Violence and Conspiracy to Commit Contract Killings; Sec. 140008, Solicitation of Minor to Commit Crime; Sec. 150001, Criminal Street Gangs; Sec. 220003, Altering or removing Motor Vehicle Identification Numbers; Sec. 280003, Direction to United States Sentencing Commission Regarding Sentencing Enhancement for Hate Crimes; the Freedom of Access to Clinic Entrances Act of 1994

Motion made by Commissioner Mazzone to adopt the proposed amendments for publication in the Federal Register; seconded by Commissioner Carnes. Passed unanimously.

Sec. 150001. Criminal Street Gangs

Commissioners agreed to publish in addition to the departure proposal an issue for comment regarding whether specific offense characteristics might provide an appropriate remedy.

 

Other New Statutes

Public Law Number 103-73, International Parental Kidnapping Crime Act of 1993; Public Law Number 103-190, Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993; Public Law Number 103-225, Food Stamp Program Improvements Act of 1994

Motion made by Commissioner Tacha to adopt the proposed amendments for publication in the Federal Register; seconded by Commissioner Mazzone. Passed unanimously.

Money Laundering

2S1.1, Laundering of Monetary Instruments; 2S1.2, Engaging in Monetary Transactions in Property Derived from Specified Unlawful Activity

Motion made by Commissioner Carnes to adopt the proposed amendments for publication in the Federal Register; seconded by Commissioner Goldsmith. Passed unanimously. Subsequently, the Commission agreed to bracket in 2S1.1(a)(2), base offense level alternatives "12" and in (a)(3), "8," with an explanation concerning the brackets.

Chairman Conaboy adjourned the meeting into executive session at 2:09 p.m.


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