Minutes from November 13, 1996

United States Sentencing Commission
Business Meeting
Minutes of the November 13, 1996

The meeting was called to order at 11:24 a.m. by Chairman Richard P. Conaboy in the Commissioners' Conference room. The following Commissioners and staff participated:

Richard P. Conaboy, Chairman

Michael S. Gelacak, Vice Chairman

Michael Goldsmith, Vice Chairman

Deanell R. Tacha, Commissioner

Mary Frances Harkenrider, Ex Officio Commissioner

John H. Kramer, Staff Director

Paul K. Martin, Deputy Staff Director

John R. Steer, General Counsel

Pamela Montgomery, Deputy General Counsel

Ronnie Scotkin, Guideline Analyst Specialist

Judith Sheon, Principal Technical Advisor

Commissioner Wayne A. Budd and Ex Officio Commissioner Edward F. Reilly, Jr., were unable to attend the meeting.

Motion made by Commissioner Tacha to adopt the minutes of the October 29, 1996, business meeting; seconded by Commissioner Goldsmith. Passed unanimously.

Amendments

#5 Sexual Abuse in Carjacking Cases

This amendment addresses the Carjacking Correction Act of 1996. This amendment also amends §2B3.1(b)(1) to provide cumulative enhancements if the offense involved bank robbery and carjacking.

Motion made by Commissioner Tacha to publish for comment in the Federal Register both options, with the following substitute language for Option Two, Application Note One - "However, for purposes of this guideline, ?serious bodily injury' means conduct other than that already taken into consideration in the base offense level under subsection (a), i.e., criminal sexual abuse"; seconded by Commissioner Goldsmith. Passed unanimously.

#8 Term of Supervised Release for Safety Valve Defendants

This amendment amends §5D1.2 (Term of Supervised Release) to make clear that a defendant who qualifies under the "safety valve" (§5C1.2, 18 U.S.C. § 3553(f)) is not subject to any statutory minimum term of supervised release.

Motion made by Commissioner Tacha to publish for comment in the Federal Register; seconded by Commissioner Goldsmith. Passed unanimously.

#9 Mitigating Role

This amendment clarifies the operation of the mitigating role adjustment in §3B1.2.

Amendment deferred for later consideration.

Pamela Montgomery, briefing the Commission on appellate court opinions on district court departure decisions since the Supreme Court's decision in Koon v. United States, discussed a few that provided examples of the current departure analysis used by the appellate courts.

In order to facilitate the Commission's ongoing review of case law, Judy Sheon circulated a memorandum describing the status of a number of circuit conflicts that exist with respect to guideline application. She requested feedback from Commissioners and interested parties on priority ranking and possible Commission action of these conflicts. Judy Sheon acknowledged the contributions of Gus Gelpi and Janeen Heaney to this issue.

Amendment

#4 List I Chemicals (Emergency Amendment Authority)

This amendment implements section 302 of the Comprehensive Methamphetamine Control Act of 1996.

Motion made by Commissioner Tacha to publish for comment in the Federal Register under emergency amendment authority; seconded by Commissioner Goldsmith. Commissioners Conaboy, Goldsmith, and Tacha voted affirmatively, with Commissioner Gelacak abstaining. Passed, 3-0-1.

Staff Director Kramer announced that the next Commission meeting will be held December 17, 1996. He also stated that Sharon Henegan and Susan Winarsky are working on the program for the January Sentencing Institute.

Chairman Conaboy adjourned the meeting at 12:46 p.m.


United States Sentencing Commission