Minutes from April 20, 2000

Minutes of the April 20, 2000,
United States Sentencing Commission
Business Meeting

Chair Diana E. Murphy called the meeting to order at 3:05 p.m. Chair Murphy, Vice Chairs Ruben Castillo and William Sessions, Commissioners Sterling Johnson, Jr., and Joe Kendall, and Acting General Counsel Donald A. Purdy participated via telephone. Vice Chair John R. Steer, Commissioner Michael O'Neill, Ex Officio Commissioner Laird C. Kirkpatrick, Staff Director Timothy McGrath, Acting Director of the Office of Policy Analysis Louis Reedt, Special Counsel Judith Sheon, and Representative, Federal Public and Community Defenders, Tom Hutchison participated from the Commissioners' Conference room.

Chair Murphy explained that this meeting was to address retroactivity questions arising from Commission action at the April 3-4, 2000, business meetings.

Motion made by Vice Chair Steer to publish in the Federal Register an issue for comment regarding retroactive application of amendments promulgated at the April 3-4, 2000, business meeting, with a comment period of 60 days; seconded by Commissioner O'Neill. Passed unanimously. Additionally, staff was requested to identity potential amendments for retroactive application and to prepare the necessary retroactivity impact analysis.

Motion made by Commissioner Johnson to adopt an amendment to conform the minimum loss commentary in the theft guideline (USSG §2B1.1) to the minimum loss commentary added to the fraud guideline (USSG §2F1.1) as the result of the April 4, 2000, vote on Amendment #5 relating to identity theft and cloning offenses; seconded by Commissioner O'Neill. Passed unanimously.

Motion made by Commissioner O'Neill to make the conforming amendment's effective date November 1, 2000, as well as authorize staff to make necessary technical and conforming changes; seconded by Commissioner Johnson. Passed unanimously.

Motion made by Vice Chair Steer to adopt the minutes of the April 3-4, 2000, business meeting, with the deletion in Amendment #7 of the term "sixty"; seconded by Commissioner Johnson. Passed unanimously.

The meeting was adjourned by Chair Murphy at 3:20 p.m.