Public Meeting - March 13, 1995

Minutes of the March 13, 1995

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 and staff participated:

  • Richard P. Conaboy, Chairman

  • Michael S. Gelacak, Vice Chairman

  • A. David Mazzone, Vice Chairman

  • Wayne A. Budd, Commissioner

  • Julie E. Carnes, Commissioner

  • Michael Goldsmith, Commissioner

  • Deanell R. Tacha, Commissioner

  • Edward F. Reilly, Jr., Ex Officio Commissioner

  • Phyllis J. Newton, Staff Director

  • Paul K. Martin, Deputy Staff Director

  • John R. Steer, General Counsel

  • Susan Katzenelson, Director, Office of Policy Analysis

  • Frank Larry, Senior Training and Technical Assistance Specialist

  • Win Swenson, Deputy General Counsel


Chairman Conaboy introduced law clerks Davelyn (Noe) Calles and Alan Dorhoffer, both who recently joined the Office of General Counsel, and AUSA Kelly Shackelford, who is on temporary assignment to the Commission.

Motion made by Commissioner Budd to adopt the minutes of the February 21, 1995, meeting; seconded by Commissioner Goldsmith. Passed unanimously.

Motion made by Commissioner Tacha to adopt the minutes of the March 3 and 8, 1995, telephone conferences; seconded by Commissioner Budd. Passed unanimously.

Win Swenson, reporting on money laundering issues, discussed the updated version of the 1992 Money Laundering Report, including recent caselaw and empirical research.

Frank Larry, reporting on the final Food and Drug Working Group Report, discussed, among other things, food and drug cases involving 1) individuals sentenced under 2N2.1 in fiscal years 1991-1993 and 2) organizational defendants sentenced under pre-guidelines law. Frank Larry stated that the working group will begin drafting proposals to ensure that the food and drug guidelines operate effectively for individuals and organizations.

Chairman Conaboy officially announced the submission today of the following reports to Congress: 1) Adequacies of Penalties for Fraud Offenses Involving Elderly Victims; 2) Adequacies of Penalties for the Intentional Exposure of Others through Sexual Activity to the Human Immunodeficiency Virus; 3) Analysis of Penalties for Federal Rape Cases. Chairman Conaboy announced that the Cocaine and Federal Sentencing Policy Report was submitted on February 28, 1995.

General Counsel Steer announced that the Commission had agreed at its March 8, 1995, telephone conference, to publish in the Federal Register 1) issues for comment generally regarding implementation amendments of the Crack Report and 2) an amendment to the Career Offender guideline explaining the Commission's rationale and authority for 4B1.1.

Win Swenson, reporting on the purpose statement for the September 1995 Corporate Sentencing Symposium, highlighted the rationale and objectives of the symposium. He stated that there has been a high degree of interest in the symposium and the proposed presentation of the research findings, and that the "save the date" cards are currently being circulated to prospective conference attendees. Win Swenson stated that a draft agenda would be submitted to Commissioners Budd and Goldsmith soon.

Susan Katzenelson, briefing the Commission on the Fiscal Year 1994 Annual Report, stated that the Commission has become more recognized and used more often as a resource on federal sentencing issues. She discussed some of the data relating to drug and firearms cases, substantial assistance, and departures. Commissioner Gelacak requested information of the number of corporate cases sentenced outside the organizational guidelines.

Deputy Staff Director Martin stated that the Commission was planning at least two regional hearings, possibly in July and early September of this year.

Staff Director Newton, reporting on staff activities, stated that staff was currently working on sending the Annual Report to the printers in early April, participating in sentencing workshops in Atlanta, Georgia, preparing amendment packages and amendments on crack cocaine and crime bill directives, and formulating a congressional staff briefing during the congressional April recess. She also stated that the Commission's public hearing would begin tomorrow at 9:00 a.m.

Motion made by Commissioner Tacha to adjourn the meeting. Chairman Conaboy adjourned the meeting into executive session at 2:34 p.m.