80 FR 49314 - Sentencing Guidelines for United States Courts
UNITED STATES SENTENCING COMMISSION Federal Register Volume 80, Issue 158 (August 17, 2015)
Federal Register Volume 80, Issue 158 (August 17, 2015)
| Page Range | 49314-49318 | |
| FR Document | 2015-20107 |
[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)] [Notices] [Pages 49314-49318] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20107] [[Page 49314]] ----------------------------------------------------------------------- UNITED STATES SENTENCING COMMISSION Sentencing Guidelines for United States Courts AGENCY: United States Sentencing Commission. ACTION: Notice of proposed amendment to the sentencing guidelines and commentary. Request for public comment, including public comment regarding retroactive application of the proposed amendment. Notice of public hearing. ----------------------------------------------------------------------- SUMMARY: Pursuant to section 994(a), (o), and (p) of title 28, United States Code, the United States Sentencing Commission is considering promulgating an amendment to the sentencing guidelines and commentary. This notice sets forth the proposed amendment and a synopsis of the issues addressed by the amendment. This notice also sets forth a number of issues for comment, most of which are set forth together with the proposed amendment and one of which (regarding retroactive application of the proposed amendment) is set forth in the SUPPLEMENTARY INFORMATION portion of this notice. The proposed amendment and issues for comment in this notice are as follows: A proposed amendment to revise the ``crime of violence'' and ``drug trafficking offense'' definitions in the career offender guideline and the illegal reentry guideline, including (A) a proposed amendment to Sec. 4B1.2 (Definitions of Terms Used in Section 4B1.1) to delete the residual clause and revise the list of enumerated offenses in the ``crime of violence'' definition, (B) a proposed amendment to Sec. 4B1.2 to implement an additional requirement related to the state felony classification in determining whether an offense qualifies as a felony under Sec. 4B1.2, and (C) corresponding changes to the ``crime of violence'' and ``drug trafficking offense'' definitions in Sec. 2L1.2 (Unlawfully Entering or Remaining in the United States) to bring them more into parallel with the definitions at Sec. 4B1.2, and related issues for comment. DATES: (1) Written Public Comment.--Written public comment regarding the proposed amendment and issues for comment set forth in this notice, including public comment regarding retroactive application of the proposed amendment, should be received by the Commission not later than November 12, 2015. (2) Public Hearing.--The Commission plans to hold a public hearing regarding the proposed amendment and issues for comment set forth in this notice. Further information regarding the public hearing, including requirements for testifying and providing written testimony, as well as the location, time, and scope of the hearing, will be provided by the Commission on its Web site at www.ussc.gov. ADDRESSES: Public comment should be sent to the Commission by electronic mail or regular mail. The email address for public comment is [email protected]. The regular mail address for public comment is United States Sentencing Commission, One Columbus Circle NE., Suite 2-500, Washington, DC 20002-8002, Attention: Public Affairs. FOR FURTHER INFORMATION CONTACT: Jeanne Doherty, Public Affairs Officer, (202) 502-4502, [email protected]. SUPPLEMENTARY INFORMATION: The United States Sentencing Commission is an independent agency in the judicial branch of the United States Government. The Commission promulgates sentencing guidelines and policy statements for federal courts pursuant to 28 U.S.C. 994(a). The Commission also periodically reviews and revises previously promulgated guidelines pursuant to 28 U.S.C. 994(o) and submits guideline amendments to the Congress not later than the first day of May each year pursuant to 28 U.S.C. 994(p). The proposed amendment as presented in this notice contains bracketed text to indicate a heightened interest on the Commission's part in comment and suggestions regarding alternative policy choices and on whether the proposed provision is appropriate. The Commission has also highlighted certain issues for comment and invites suggestions on how the Commission should respond to those issues. The Commission requests public comment regarding whether, pursuant to 18 U.S.C. 3582(c)(2) and 28 U.S.C. 994(u), the proposed amendment published in this notice should be included in subsection (d) of Sec. 1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)) as an amendment that may be applied retroactively to previously sentenced defendants. The Commission lists in Sec. 1B1.10(d) the specific guideline amendments that the court may apply retroactively under 18 U.S.C. 3582(c)(2). The background commentary to Sec. 1B1.10 lists the purpose of the amendment, the magnitude of the change in the guideline range made by the amendment, and the difficulty of applying the amendment retroactively to determine an amended guideline range under Sec. 1B1.10(b) as among the factors the Commission considers in selecting the amendments included in Sec. 1B1.10(d). To the extent practicable, public comment should address each of these factors. Publication of a proposed amendment requires the affirmative vote of at least three voting members and is deemed to be a request for public comment on the proposed amendment. See Rules 2.2 and 4.4 of the Commission's Rules of Practice and Procedure. In contrast, the affirmative vote of at least four voting members is required to promulgate an amendment and submit it to Congress. See Rule 2.2; 28 U.S.C. 994(p). Additional information pertaining to the proposed amendment described in this notice may be accessed through the Commission's Web site at www.ussc.gov. Authority: 28 U.S.C. 994(a), (o), (p), (x); USSC Rules of Practice and Procedure, Rule 4.4. Patti B. Saris, Chair. 1. ``Crime of Violence'' and Related Issues Synopsis of Proposed Amendment: This proposed amendment is a result of the Commission's multi-year study of statutory and guideline definitions relating to the nature of a defendant's prior conviction (e.g., ``crime of violence,'' ``aggravated felony,'' ``violent felony,'' ``drug trafficking offense,'' and ``felony drug offense'') and the impact of such definitions on the relevant statutory and guideline provisions (e.g., career offender, illegal reentry, and armed career criminal). See United States Sentencing Commission, ``Notice of Final Priorities,'' 79 FR 49378 (Aug. 20, 2014); ``Proposed Priorities for Amendment Cycle,'' 80 FR 36594 (June 25, 2015). The proposed amendment is also informed by the Supreme Court's recent decision in Johnson v. United States, __U.S. __, 135 S. Ct. 2551 (2015), relating to the statutory definition of ``violent felony'' in 18 U.S.C. 924(e), which held that an increased sentence under the ``residual clause'' of that definition violates due process. As the Court explained in Johnson, the term ``residual clause'' refers to the closing words of the statutory definition of ``violent felony.'' Under those closing words, a crime is a ``violent felony'' if it ``otherwise involves conduct that presents a serious potential risk of physical injury to another.'' See 18 U.S.C. 924(e)(2)(B)(ii) [emphasis added]. [[Page 49315]] This clause, the Court held in Johnson, is unconstitutionally vague. The Court's holding did not implicate other parts of the statutory definition; a crime may still qualify as a ``violent felony'' under the statute if, for example, it ``has as an element the use, attempted use, or threatened use of physical force against the person of another'' (sometimes referred to as the ``elements'' clause) or if it ``is burglary, arson, or extortion'' (sometimes referred to as the ``enumerated'' clause). Procedure The Commission's ordinary practice with amendments to the sentencing guidelines is to publish proposals for comment in January, hold hearings in February or March, promulgate amendments in April, and submit final amendments to Congress on or shortly before May 1, to take effect on November 1. However, the Commission's organic statute authorizes the Commission to promulgate and submit amendments at any point after the beginning of a session of Congress and to specify an effective date sooner than November 1. See 28 U.S.C. 994(p). Publishing this proposed amendment at this time allows for the possibility that an amendment could be promulgated and submitted to Congress earlier than May 1 and could take effect earlier than November 1. Accordingly, the Commission anticipates that in Fall 2015 it will hold a hearing on the proposed amendment and that in January 2016 it may, if appropriate, promulgate a final amendment and submit it to Congress (to take effect earlier than November 1) or publish a revised version of this proposed amendment for an additional period of comment. Parts of the Proposed Amendment The proposed amendment contains several parts. The Commission is considering whether to promulgate any one or more of these parts, as they are not necessarily mutually exclusive. Issues for comment are also included. A. Elimination of ``Crime of Violence'' Residual Clause and Related Revisions to Definition of ``Crime of Violence'' The guidelines definition of ``crime of violence'' in Sec. 4B1.2(a) was modeled after the statutory definition of ``violent felony.'' This guidelines definition is used in determining whether a defendant is a career offender under Sec. 4B1.1 (Career Offender), and is also used in certain other guidelines. See, e.g., Sec. Sec. 2K1.3 (Unlawful Receipt, Possession, or Transportation of Explosive Materials; Prohibited Transactions Involving Explosive Materials), 2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition; Prohibited Transactions Involving Firearms and Ammunitions), 2S1.1 (Laundering of Monetary Instruments; Engaging in Monetary Transactions in Property Derived from Unlawful Activity), 4A1.2 (Definitions and Instructions for Computing Criminal History), and 5K2.17 (Semiautomatic Firearms Capable of Accepting Large Quantity Magazine (Policy Statement)). While the statutory definition of ``violent felony'' in section 924(e) and the guidelines definition of ``crime of violence'' in Sec. 4B1.2 are not identical in all respects -- for example, they have different ``enumerated'' clauses -- their residual clauses are identical. The proposed amendment amends Sec. 4B1.2 to delete the residual clause. In addition, the proposed amendment amends Sec. 4B1.2 to clarify and revise the list of ``enumerated'' offenses. While some offenses covered by the definition are listed in the guideline (such as burglary of a dwelling, arson, and extortion), many other offenses covered by the definition are listed in the commentary instead (e.g., murder, kidnapping, aggravated assault, robbery). The proposed amendment makes some revisions to the list of enumerated offenses, moves all enumerated offenses to the guideline, and provides definitions for the enumerated offenses in the commentary. B. Use of the State Felony Classification in Determining Whether an Offense Qualifies as a ``Felony'' Under Sec. 4B1.2 Under the career offender guideline, the court must analyze both the instant offense of conviction and the defendant's prior offenses of conviction. To be a career offender, the court must find (1) that the instant offense is a felony that is a crime of violence or a controlled substance offense, and (2) that the defendant has at least two prior felony convictions of either a crime of violence or a controlled substance offense. See Sec. 4B1.1(a), 4B1.2; see also 28 U.S.C. 994(h). To implement the requirement that the offense be a ``felony,'' the definitions in Sec. 4B1.2(a) and (b) specify that the instant offense (whether a ``crime of violence'' or a ``controlled substance offense'') must have been an offense under federal or state law, punishable by imprisonment for a term exceeding one year. The proposed amendment adds an additional requirement: the offense must also have been classified [at the time defendant was initially sentenced] as a felony (or comparable classification) under the laws of the jurisdiction in which the defendant was convicted. If the jurisdiction does not have a ``felony'' classification, the offense must have been given a classification comparable to a felony classification. C. Corresponding Changes to the Illegal Reentry Guideline, Sec. 2L1.2 The definition of ``crime of violence'' in Sec. 4B1.2 is not the only definition of ``crime of violence'' in the guidelines. In particular, Sec. 2L1.2 (Unlawfully Entering or Remaining in the United States) sets forth a definition of ``crime of violence'' that contains a somewhat different list of ``enumerated'' offenses and does not contain a ``residual'' clause. It also sets forth a definition of ``drug trafficking offense'' that is somewhat different from the definition of ``controlled substance offense'' in Sec. 4B1.2. The proposed amendment would revise the definitions of ``crime of violence'' and ``drug trafficking offense'' in Sec. 2L1.2 to bring them more into parallel with the definitions in Sec. 4B1.2. Under the proposed amendment, the definitions in Sec. 2L1.2 would generally follow the definitions in Sec. 4B1.2, as revised by Parts A and B of the proposed amendment. Proposed Amendment: (A) ``Crime of Violence'' in Sec. 4B1.2 Section Sec. 4B1.2(a) is amended by striking paragraph (2) as follows: `` (2) is burglary of a dwelling, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.''; and inserting the following: `` (2) is murder, voluntary manslaughter, kidnapping, aggravated assault, a forcible sex offense, robbery, [burglary of a dwelling][burglary], arson, or extortion, or involves use of explosives.''. The Commentary to Sec. 4B1.2 captioned ``Application Notes'' is amended in Note 1 by striking the second and third undesignated paragraphs as follows: `` `Crime of violence' includes murder, manslaughter, kidnapping, aggravated assault, forcible sex offenses, robbery, arson, extortion, extortionate extension of credit, and burglary of a dwelling. Other offenses are included as `crimes of violence' if (A) that offense has as an element the use, attempted use, or threatened use of physical force against the person of another, or (B) the conduct set forth (i.e., expressly charged) in the count of which the defendant was convicted involved use of explosives (including any explosive material or [[Page 49316]] destructive device) or, by its nature, presented a serious potential risk of physical injury to another. `Crime of violence' does not include the offense of unlawful possession of a firearm by a felon, unless the possession was of a firearm described in 26 U.S.C. 5845(a). Where the instant offense of conviction is the unlawful possession of a firearm by a felon, Sec. 2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition; Prohibited Transactions Involving Firearms or Ammunition) provides an increase in offense level if the defendant had one or more prior felony convictions for a crime of violence or controlled substance offense; and, if the defendant is sentenced under the provisions of 18 U.S.C. 924(e), Sec. 4B1.4 (Armed Career Criminal) will apply.'', and by striking the fifth undesignated paragraph as follows: `` Unlawfully possessing a firearm described in 26 U.S.C. 5845(a) (e.g., a sawed-off shotgun or sawed-off rifle, silencer, bomb, or machine gun) is a `crime of violence'.''; and by redesignating Notes 2 and 3 as Notes 3 and 4, respectively, and by inserting after Note 1 the following new Note 2: ``2. Enumerated Offenses under Subsection (a).--For purposes of subsection (a): (A) `Murder' is (i) the unlawful killing of a human being with malice aforethought (including killing a human being purposefully, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life); or (ii) causing the death of a human being in the course of committing another felony offense. (B) `Voluntary manslaughter' is (i) the unlawful killing of a human being without malice, upon a sudden quarrel or heat of passion; or (ii) causing the death of a human being through actions intended to cause serious physical injury to another human being. (C) `Kidnapping' is an offense that includes at least (i) an act of restraining, removing, or confining another; (ii) an unlawful means of accomplishing that act; and (iii) at least one or more of the following aggravating factors: (I) the offense was committed for a nefarious purpose; (II) the offense substantially interfered with the victim's liberty; or (III) the offense exposed the victim to a substantial risk of bodily injury, sexual assault, or involuntary servitude. (D) `Aggravated assault' is (i) attempting to cause serious or substantial bodily injury to another, or causing such injury purposefully, knowingly, or recklessly; or (ii) attempting to cause, or purposefully, knowingly, or recklessly causing, bodily injury to another through use of a deadly weapon. (E) A `forcible sex offense' is any offense requiring a sexual act or sexual contact to which consent to the actor's conduct (i) is not given, or (ii) is not legally valid, such as where consent to the conduct is involuntary, incompetent, or coerced. The terms `sexual act' and `sexual contact' have the meaning given in 18 U.S.C. 2246. (F) `Robbery' is the misappropriation of property under circumstances involving immediate danger to the person of another. (G) [lsqbb]`Burglary of a dwelling' is an unlawful or unprivileged entry into or remaining in a dwelling with intent to commit a [lsqbb]crime[rsqbb][lsqbb]felony[rsqbb].[rsqbb] [lsqbb]`Burglary' is an unlawful or unprivileged entry into or remaining in a building or other structure with intent to commit a [lsqbb]crime[rsqbb][lsqbb]felony[rsqbb].[rsqbb] (H) `Arson' is the intentional damaging, by fire or the use of explosives, of any building, vehicle, or other real property. (I) `Extortion' is obtaining something of value from another by the wrongful use of (i) force, (ii) fear of physical injury, or (iii) threat of physical injury.''. (B) Requirement That Offense Be Classified as Felony Under State Law Section 4B1.2 is amended in each of subsections (a) and (b) by inserting after ``a term exceeding one year'' both places such term appears the following: ``and classified [lsqbb]at the time the defendant was initially sentenced[rsqbb] as a felony (or comparable classification) under the laws of the jurisdiction in which the defendant was convicted''. The Commentary to Sec. 4B1.2 is amended in Note 1 in the paragraph that begins `` `Prior felony conviction' means'' by inserting after ``a term exceeding one year'' the following: ``and classified [lsqbb]at the time the defendant was initially sentenced[rsqbb] as a felony (or comparable classification) under the laws of the jurisdiction in which the defendant was convicted''; and by striking ``regardless of whether such offense is specifically designated as a felony and''. (C) Corresponding Revisions to Sec. 2L1.2 The Commentary to Sec. 2L1.2 captioned ``Application Notes'' is amended in Note 1 by striking subparagraph (B)(iii) as follows: `` (iii) `Crime of violence' means any of the following offenses under federal, state, or local law: murder, manslaughter, kidnapping, aggravated assault, forcible sex offenses (including where consent to the conduct is not given or is not legally valid, such as where consent to the conduct is involuntary, incompetent, or coerced), statutory rape, sexual abuse of a minor, robbery, arson, extortion, extortionate extension of credit, burglary of a dwelling, or any other offense under federal, state, or local law that has as an element the use, attempted use, or threatened use of physical force against the person of another.'', and inserting the following: ``(iii) `Crime of violence' has the meaning given that term in Sec. 4B1.2(a). However, for purposes of subsection (b)(1)(E), which applies to misdemeanor crimes of violence, the requirements in Sec. 4B1.2(a) that the offense be a felony (i.e., punishable by a term more than one year and classified as a felony) do not apply.''; in Note 2 by adding at the end as the last sentence the following: ``In addition, a crime of violence or a drug trafficking offense is a `felony' only if it was classified [lsqbb]at the time the defendant was initially sentenced[rsqbb] as a felony (or comparable classification) under the laws of the jurisdiction in which the defendant was convicted.''; and in Note 4(A) by striking ``any federal, state, or local offense punishable by a term of imprisonment of one year or less'' and inserting ``a federal or state offense, punishable by a term of imprisonment, that is not a `felony' as defined in Application Note 2''. Issues for Comment: 1. The Commission invites broad comment on the ``residual clause'' in the definition of ``crime of violence'' in Sec. 4B1.2. Should the residual clause be eliminated, as proposed by the proposed amendment? If so, what other changes, if any, should be made to the guidelines definition of ``crime of violence''? In the alternative, should the residual clause be revised? If so, how should it be revised? Should the Commission consider a different type of residual clause, such as the residual clause in 18 U.S.C. 16? 2. The Commission similarly invites broad comment on the list of ``enumerated'' offenses in the definition of ``crime of violence'' in Sec. 4B1.2. Should the list of enumerated offenses be clarified and revised, as proposed by the proposed amendment? What offenses should be enumerated, and how (if at all) should they be defined? For example, should the list of enumerated offenses be limited to common law offenses against the person? Should the list also include any [[Page 49317]] offense resulting in death or bodily injury to another if the defendant's conduct was knowing, intentional, or reckless? Should the list of enumerated offenses include offenses where harm did not result, but could have resulted because of the risk involved? If so, what offenses should be included on the list, and how (if at all) should they be defined? 3. The Commission seeks comment on offenses against property and the extent to which they should be included in the guidelines definition of ``crime of violence.'' Statutory definitions relating to ``violent'' offenses account for property offenses in various ways. For example, the statutory definition of ``crime of violence'' in 18 U.S.C. 16 does not enumerate any specific property offenses, but its elements clause extends to offenses that have as an element the use, attempted use, or threatened use of physical force against the property of another, and its residual clause extends to offenses that involve a substantial risk of physical force against the property of another. In contrast, the statutory definition of ``violent felony'' in 18 U.S.C. 924(e) enumerates arson and burglary, but its elements clause and residual clause do not extend to property offenses. How, if at all, should the guidelines definition of ``crime of violence'' apply to property offenses? 4. The proposed amendment seeks comment on the enumerated offense definitions, as set forth in Part A of the proposed amendment. The definitions were derived from broad contemporary, generic definitions of the elements for the listed offenses. The Commission seeks comment generally on whether providing definitions for enumerated offenses is appropriate and specifically on whether the definitions provided are appropriate. Are there offenses that are covered by the proposed definitions but should not be? Are there offenses that are not covered by the proposed definitions but should be? In addition, the Commission seeks specific comment on the following: (A) The proposed definition of ``murder'' would include offenses in which the defendant causes the death of another in the course of committing any felony. This definition is worded more broadly than felony murder statutes in some states to minimize complexity and avoid difficulties with differing state law definition. The Commission seeks comment on whether such a definition is appropriate. (B) The proposed definition of ``kidnapping'' attempts to capture the kinds of aggravating factors that some courts have held are present in state statutes. The Commission seeks comment on whether there are other factors that should be included as possible elements of kidnapping. (C) The proposed definition of ``aggravated assault'' does not include as an aggravating factor that the victim has a special status, such as law enforcement, elderly, or minor. Should those type of assaults qualify as ``aggravated assault''? In particular, the Commission seeks comment on whether the definition of ``aggravated assault'' should include, as a possible alternative element, attempting to cause, or purposefully, knowingly, or recklessly causing, bodily injury to a person classified as a special victim under the statute of conviction (including public servants, minors, the elderly, pregnant women, and any other similar group). (D) The proposed definition of ``forcible sex offense'' incorporates the definitions of ``sexual act'' and ``sexual contact'' in 18 U.S.C. 2246. Are there types of sex offenses that would be included in the definition of ``forcible sex offense'' set forth in the proposed amendment that should not be considered ``crimes of violence''? Are there types of sex offenses that would not be included under this definition, but should be? Should statutory rape be expressly included? Should it be expressly excluded? (E) The proposed amendment defines ``robbery'' as the misappropriation of property under circumstances involving immediate danger to the person of another. The Commission seeks comment on whether this definition is adequately clear and on whether it is appropriate in scope. Are there types of offenses that would be included in the definition set forth in the proposed amendment that should not be considered ``crimes of violence''? Are there types of offenses that would not be included under this definition, but should be? For example, in some jurisdictions the elements of robbery may be established by a taking of property from a person or person's presence by fear (rather than, for example, by force or by injury). If the defendant was convicted of such a taking by fear, would it qualify as ``robbery'' as defined by the proposed amendment? In the alternative, would it qualify as ``extortion'' as defined by the proposed amendment? Should such a robbery (i.e., the taking of property from a person or person's presence by fear) qualify as a crime of violence? (F) The Supreme Court has determined that burglary under section 924(e) includes structures other than dwellings, but the Commission has included only burglaries of dwellings under the current definition of ``crime of violence'' at Sec. 4B1.2. The Commission seeks comment on whether burglaries of buildings and other structures that are not dwellings should be included as ``crimes of violence.'' (G) Many states define ``arson'' to include burning of personal property. The proposed amendment does not include that type of arson in its definition of arson. The Commission seeks comment on whether the exclusion of such type of arson is appropriate. In those states that punish burning of personal property under arson statutes, what type of conduct is covered? Is it conduct that should be considered a crime of violence? Does it typically pose a risk of injury to a person? (H) Extortion has been defined in case law as including non-violent threats, such as a threat to reveal embarrassing personal information. The definition of ``extortion'' in the proposed amendment requires the threat to be a ``threat of physical injury'' against the person. Similarly, extortion has been defined in case law as including fear, and the definition of ``extortion'' in the proposed amendment requires the fear to be a ``fear of physical injury.'' The Commission seeks comment on whether including these limitations in the ``extortion'' definition is appropriate. 5. Some commentators have suggested that the definition of ``crime of violence'' should not provide a list of enumerated offenses (e.g., murder, voluntary manslaughter, aggravated assault), but should contain only an elements clause (i.e., the use, attempted use, or threatened use of physical force against the person [or property] of another). The Commission seeks comment on whether such a single-prong approach would provide a sufficient and appropriate definition of ``crime of violence.'' If so, what should the ``elements clause'' provide? 6. The Commentary to Sec. 4B1.2 states that ``crime of violence'' and ``controlled substance offense'' include the offenses of aiding and abetting, conspiring, and attempting to commit such offenses. The Commission seeks comment on whether the definitions of ``crime of violence'' and ``controlled substance offense'' should include attempts, conspiracies, and aiding and abetting. If so, should any limitations apply? 7. Part B of the proposed amendment would amend Sec. 4B1.2 to revise the definition of ``felony.'' The Commission seeks comment on the advantages and disadvantages of using different definitions of ``felony'' in the guidelines. Should the Commission adopt a single definition of ``felony'' throughout the guidelines? [[Page 49318]] 8. The revisions made by Part B would add a requirement that the offense have been classified as a felony under the laws of the jurisdiction in which the defendant was convicted. The Commission seeks comment on how this principle should apply to states that do not classify offenses as felonies, and to states (such as California) in which some offenses may be classified as either a felony or a misdemeanor at initial sentencing and the classification may change based on later events (such as a revocation of probation). The proposed amendment includes the parenthetical phrase ``(or comparable classification)'' and the bracketed phrase ``[at the time the defendant was initially sentenced]'' to address these situations. Do these phrases adequately address these situations? If not, how, if at all, should the Commission address these situations? 9. Part C of the proposed amendment would adopt for the illegal reentry guideline the same definition of ``crime of violence'' used in the career offender guideline. The Commission seeks comment on the advantages and disadvantages of using different definitions for these guidelines. Should the Commission have separate definitions for ``crime of violence'' in these guidelines? 10. The Commission seeks comment on whether any other guidelines that involve terms such as ``crime of violence,'' ``controlled substance offense,'' and ``drug trafficking offense'' should be revised to conform to the definitions used in the career offender guideline or the illegal reentry guideline (as revised by the proposed amendment). For example, what changes, if any, should be made to the firearms and explosives guidelines, Sec. Sec. 2K2.1 and 2K1.3, to conform to the revisions made by the proposed amendment? What changes, if any, should be made to guidelines that use the term ``crime of violence'' but do not define it by reference to Sec. 4B1.2 (such as guidelines that define it by reference to 18 U.S.C. 16)? Should the Commission revise those guidelines to promote a single definition of ``crime of violence'' (and terms such as ``controlled substance offense'') throughout the guidelines? [FR Doc. 2015-20107 Filed 8-14-15; 8:45 am] BILLING CODE 2210-40-P
![49314 Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Notices
UNITED STATES SENTENCING comment set forth in this notice. Further applying the amendment retroactively
COMMISSION information regarding the public to determine an amended guideline
hearing, including requirements for range under § 1B1.10(b) as among the
Sentencing Guidelines for United testifying and providing written factors the Commission considers in
States Courts testimony, as well as the location, time, selecting the amendments included in
AGENCY: United States Sentencing and scope of the hearing, will be § 1B1.10(d). To the extent practicable,
Commission. provided by the Commission on its Web public comment should address each of
site at www.ussc.gov. these factors.
ACTION: Notice of proposed amendment Publication of a proposed amendment
ADDRESSES: Public comment should be
to the sentencing guidelines and requires the affirmative vote of at least
commentary. Request for public sent to the Commission by electronic
mail or regular mail. The email address three voting members and is deemed to
comment, including public comment be a request for public comment on the
regarding retroactive application of the for public comment is Public_
Comment@ussc.gov. The regular mail proposed amendment. See Rules 2.2 and
proposed amendment. Notice of public 4.4 of the Commission’s Rules of
hearing. address for public comment is United
States Sentencing Commission, One Practice and Procedure. In contrast, the
SUMMARY: Pursuant to section 994(a), Columbus Circle NE., Suite 2–500, affirmative vote of at least four voting
(o), and (p) of title 28, United States Washington, DC 20002–8002, Attention: members is required to promulgate an
Code, the United States Sentencing Public Affairs. amendment and submit it to Congress.
Commission is considering FOR FURTHER INFORMATION CONTACT: See Rule 2.2; 28 U.S.C. 994(p).
promulgating an amendment to the Jeanne Doherty, Public Affairs Officer, Additional information pertaining to
sentencing guidelines and commentary. (202) 502–4502, jdoherty@ussc.gov. the proposed amendment described in
This notice sets forth the proposed this notice may be accessed through the
SUPPLEMENTARY INFORMATION: The
amendment and a synopsis of the issues Commission’s Web site at
United States Sentencing Commission is
addressed by the amendment. This www.ussc.gov.
an independent agency in the judicial
notice also sets forth a number of issues branch of the United States Authority: 28 U.S.C. 994(a), (o), (p), (x);
for comment, most of which are set forth Government. The Commission USSC Rules of Practice and Procedure, Rule
together with the proposed amendment 4.4.
promulgates sentencing guidelines and
and one of which (regarding retroactive policy statements for federal courts Patti B. Saris,
application of the proposed pursuant to 28 U.S.C. 994(a). The Chair.
amendment) is set forth in the Commission also periodically reviews
SUPPLEMENTARY INFORMATION portion of and revises previously promulgated 1. ‘‘Crime of Violence’’ and Related
this notice. guidelines pursuant to 28 U.S.C. 994(o) Issues
The proposed amendment and issues and submits guideline amendments to Synopsis of Proposed Amendment:
for comment in this notice are as the Congress not later than the first day This proposed amendment is a result of
follows: A proposed amendment to of May each year pursuant to 28 U.S.C. the Commission’s multi-year study of
revise the ‘‘crime of violence’’ and 994(p). statutory and guideline definitions
‘‘drug trafficking offense’’ definitions in The proposed amendment as relating to the nature of a defendant’s
the career offender guideline and the presented in this notice contains prior conviction (e.g., ‘‘crime of
illegal reentry guideline, including (A) a bracketed text to indicate a heightened violence,’’ ‘‘aggravated felony,’’ ‘‘violent
proposed amendment to § 4B1.2 interest on the Commission’s part in felony,’’ ‘‘drug trafficking offense,’’ and
(Definitions of Terms Used in Section comment and suggestions regarding ‘‘felony drug offense’’) and the impact of
4B1.1) to delete the residual clause and alternative policy choices and on such definitions on the relevant
revise the list of enumerated offenses in whether the proposed provision is statutory and guideline provisions (e.g.,
the ‘‘crime of violence’’ definition, (B) a appropriate. The Commission has also career offender, illegal reentry, and
proposed amendment to § 4B1.2 to highlighted certain issues for comment armed career criminal). See United
implement an additional requirement and invites suggestions on how the States Sentencing Commission, ‘‘Notice
related to the state felony classification Commission should respond to those of Final Priorities,’’ 79 FR 49378 (Aug.
in determining whether an offense issues. 20, 2014); ‘‘Proposed Priorities for
qualifies as a felony under § 4B1.2, and The Commission requests public Amendment Cycle,’’ 80 FR 36594 (June
(C) corresponding changes to the ‘‘crime comment regarding whether, pursuant 25, 2015).
of violence’’ and ‘‘drug trafficking to 18 U.S.C. 3582(c)(2) and 28 U.S.C. The proposed amendment is also
offense’’ definitions in § 2L1.2 994(u), the proposed amendment informed by the Supreme Court’s recent
(Unlawfully Entering or Remaining in published in this notice should be decision in Johnson v. United States, _
the United States) to bring them more included in subsection (d) of § 1B1.10 _U.S. __, 135 S. Ct. 2551 (2015), relating
into parallel with the definitions at (Reduction in Term of Imprisonment as to the statutory definition of ‘‘violent
§ 4B1.2, and related issues for comment. a Result of Amended Guideline Range felony’’ in 18 U.S.C. 924(e), which held
DATES: (1) Written Public Comment.— (Policy Statement)) as an amendment that an increased sentence under the
Written public comment regarding the that may be applied retroactively to ‘‘residual clause’’ of that definition
proposed amendment and issues for previously sentenced defendants. The violates due process. As the Court
comment set forth in this notice, Commission lists in § 1B1.10(d) the explained in Johnson, the term
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including public comment regarding specific guideline amendments that the ‘‘residual clause’’ refers to the closing
retroactive application of the proposed court may apply retroactively under 18 words of the statutory definition of
amendment, should be received by the U.S.C. 3582(c)(2). The background ‘‘violent felony.’’ Under those closing
Commission not later than November commentary to § 1B1.10 lists the words, a crime is a ‘‘violent felony’’ if
12, 2015. purpose of the amendment, the it ‘‘otherwise involves conduct that
(2) Public Hearing.—The Commission magnitude of the change in the presents a serious potential risk of
plans to hold a public hearing regarding guideline range made by the physical injury to another.’’ See 18
the proposed amendment and issues for amendment, and the difficulty of U.S.C. 924(e)(2)(B)(ii) [emphasis added].
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This clause, the Court held in Johnson, Transactions Involving Explosive classification) under the laws of the
is unconstitutionally vague. The Court’s Materials), 2K2.1 (Unlawful Receipt, jurisdiction in which the defendant was
holding did not implicate other parts of Possession, or Transportation of convicted. If the jurisdiction does not
the statutory definition; a crime may Firearms or Ammunition; Prohibited have a ‘‘felony’’ classification, the
still qualify as a ‘‘violent felony’’ under Transactions Involving Firearms and offense must have been given a
the statute if, for example, it ‘‘has as an Ammunitions), 2S1.1 (Laundering of classification comparable to a felony
element the use, attempted use, or Monetary Instruments; Engaging in classification.
threatened use of physical force against Monetary Transactions in Property
the person of another’’ (sometimes Derived from Unlawful Activity), 4A1.2 C. Corresponding Changes to the Illegal
referred to as the ‘‘elements’’ clause) or (Definitions and Instructions for Reentry Guideline, § 2L1.2
if it ‘‘is burglary, arson, or extortion’’ Computing Criminal History), and The definition of ‘‘crime of violence’’
(sometimes referred to as the 5K2.17 (Semiautomatic Firearms in § 4B1.2 is not the only definition of
‘‘enumerated’’ clause). Capable of Accepting Large Quantity ‘‘crime of violence’’ in the guidelines. In
Magazine (Policy Statement)). particular, § 2L1.2 (Unlawfully Entering
Procedure While the statutory definition of or Remaining in the United States) sets
The Commission’s ordinary practice ‘‘violent felony’’ in section 924(e) and forth a definition of ‘‘crime of violence’’
with amendments to the sentencing the guidelines definition of ‘‘crime of that contains a somewhat different list
guidelines is to publish proposals for violence’’ in § 4B1.2 are not identical in of ‘‘enumerated’’ offenses and does not
comment in January, hold hearings in all respects — for example, they have contain a ‘‘residual’’ clause. It also sets
February or March, promulgate different ‘‘enumerated’’ clauses — their forth a definition of ‘‘drug trafficking
amendments in April, and submit final residual clauses are identical. The offense’’ that is somewhat different from
amendments to Congress on or shortly proposed amendment amends § 4B1.2 to the definition of ‘‘controlled substance
before May 1, to take effect on delete the residual clause. offense’’ in § 4B1.2.
November 1. However, the In addition, the proposed amendment The proposed amendment would
Commission’s organic statute authorizes amends § 4B1.2 to clarify and revise the revise the definitions of ‘‘crime of
the Commission to promulgate and list of ‘‘enumerated’’ offenses. While violence’’ and ‘‘drug trafficking offense’’
submit amendments at any point after some offenses covered by the definition in § 2L1.2 to bring them more into
the beginning of a session of Congress are listed in the guideline (such as parallel with the definitions in § 4B1.2.
and to specify an effective date sooner burglary of a dwelling, arson, and Under the proposed amendment, the
than November 1. See 28 U.S.C. 994(p). extortion), many other offenses covered definitions in § 2L1.2 would generally
Publishing this proposed amendment at by the definition are listed in the follow the definitions in § 4B1.2, as
this time allows for the possibility that commentary instead (e.g., murder, revised by Parts A and B of the
an amendment could be promulgated kidnapping, aggravated assault, proposed amendment.
and submitted to Congress earlier than robbery). The proposed amendment
May 1 and could take effect earlier than makes some revisions to the list of Proposed Amendment:
November 1. enumerated offenses, moves all (A) ‘‘Crime of Violence’’ in § 4B1.2
Accordingly, the Commission enumerated offenses to the guideline,
and provides definitions for the Section § 4B1.2(a) is amended by
anticipates that in Fall 2015 it will hold striking paragraph (2) as follows:
a hearing on the proposed amendment enumerated offenses in the commentary.
‘‘ (2) is burglary of a dwelling, arson,
and that in January 2016 it may, if B. Use of the State Felony Classification or extortion, involves use of explosives,
appropriate, promulgate a final in Determining Whether an Offense or otherwise involves conduct that
amendment and submit it to Congress Qualifies as a ‘‘Felony’’ Under § 4B1.2 presents a serious potential risk of
(to take effect earlier than November 1) physical injury to another.’’;
or publish a revised version of this Under the career offender guideline,
the court must analyze both the instant and inserting the following:
proposed amendment for an additional
period of comment. offense of conviction and the ‘‘ (2) is murder, voluntary
defendant’s prior offenses of conviction. manslaughter, kidnapping, aggravated
Parts of the Proposed Amendment To be a career offender, the court must assault, a forcible sex offense, robbery,
The proposed amendment contains find (1) that the instant offense is a [burglary of a dwelling][burglary], arson,
several parts. The Commission is felony that is a crime of violence or a or extortion, or involves use of
considering whether to promulgate any controlled substance offense, and (2) explosives.’’.
one or more of these parts, as they are that the defendant has at least two prior The Commentary to § 4B1.2 captioned
not necessarily mutually exclusive. felony convictions of either a crime of ‘‘Application Notes’’ is amended in
Issues for comment are also included. violence or a controlled substance Note 1 by striking the second and third
offense. See § 4B1.1(a), 4B1.2; see also undesignated paragraphs as follows:
A. Elimination of ‘‘Crime of Violence’’ 28 U.S.C. 994(h). ‘‘ ‘Crime of violence’ includes murder,
Residual Clause and Related Revisions To implement the requirement that manslaughter, kidnapping, aggravated
to Definition of ‘‘Crime of Violence’’ the offense be a ‘‘felony,’’ the definitions assault, forcible sex offenses, robbery,
The guidelines definition of ‘‘crime of in § 4B1.2(a) and (b) specify that the arson, extortion, extortionate extension
violence’’ in § 4B1.2(a) was modeled instant offense (whether a ‘‘crime of of credit, and burglary of a dwelling.
after the statutory definition of ‘‘violent violence’’ or a ‘‘controlled substance Other offenses are included as ‘crimes of
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felony.’’ This guidelines definition is offense’’) must have been an offense violence’ if (A) that offense has as an
used in determining whether a under federal or state law, punishable element the use, attempted use, or
defendant is a career offender under by imprisonment for a term exceeding threatened use of physical force against
§ 4B1.1 (Career Offender), and is also one year. The proposed amendment the person of another, or (B) the conduct
used in certain other guidelines. See, adds an additional requirement: the set forth (i.e., expressly charged) in the
e.g., §§ 2K1.3 (Unlawful Receipt, offense must also have been classified count of which the defendant was
Possession, or Transportation of [at the time defendant was initially convicted involved use of explosives
Explosive Materials; Prohibited sentenced] as a felony (or comparable (including any explosive material or
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![Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Notices 49317
offense resulting in death or bodily comment on whether there are other violence’’ at § 4B1.2. The Commission
injury to another if the defendant’s factors that should be included as seeks comment on whether burglaries of
conduct was knowing, intentional, or possible elements of kidnapping. buildings and other structures that are
reckless? (C) The proposed definition of not dwellings should be included as
Should the list of enumerated offenses ‘‘aggravated assault’’ does not include as ‘‘crimes of violence.’’
include offenses where harm did not an aggravating factor that the victim has (G) Many states define ‘‘arson’’ to
result, but could have resulted because a special status, such as law include burning of personal property.
of the risk involved? If so, what offenses enforcement, elderly, or minor. Should The proposed amendment does not
should be included on the list, and how those type of assaults qualify as include that type of arson in its
(if at all) should they be defined? ‘‘aggravated assault’’? In particular, the definition of arson. The Commission
3. The Commission seeks comment on Commission seeks comment on whether seeks comment on whether the
offenses against property and the extent the definition of ‘‘aggravated assault’’ exclusion of such type of arson is
to which they should be included in the should include, as a possible alternative appropriate. In those states that punish
guidelines definition of ‘‘crime of element, attempting to cause, or burning of personal property under
violence.’’ Statutory definitions relating purposefully, knowingly, or recklessly arson statutes, what type of conduct is
to ‘‘violent’’ offenses account for causing, bodily injury to a person covered? Is it conduct that should be
property offenses in various ways. For classified as a special victim under the considered a crime of violence? Does it
example, the statutory definition of statute of conviction (including public typically pose a risk of injury to a
‘‘crime of violence’’ in 18 U.S.C. 16 does servants, minors, the elderly, pregnant person?
not enumerate any specific property women, and any other similar group). (H) Extortion has been defined in case
offenses, but its elements clause extends (D) The proposed definition of law as including non-violent threats,
to offenses that have as an element the ‘‘forcible sex offense’’ incorporates the such as a threat to reveal embarrassing
use, attempted use, or threatened use of definitions of ‘‘sexual act’’ and ‘‘sexual personal information. The definition of
physical force against the property of contact’’ in 18 U.S.C. 2246. Are there ‘‘extortion’’ in the proposed amendment
another, and its residual clause extends types of sex offenses that would be requires the threat to be a ‘‘threat of
to offenses that involve a substantial included in the definition of ‘‘forcible physical injury’’ against the person.
risk of physical force against the sex offense’’ set forth in the proposed Similarly, extortion has been defined in
property of another. In contrast, the amendment that should not be case law as including fear, and the
statutory definition of ‘‘violent felony’’ considered ‘‘crimes of violence’’? Are definition of ‘‘extortion’’ in the
in 18 U.S.C. 924(e) enumerates arson there types of sex offenses that would proposed amendment requires the fear
and burglary, but its elements clause not be included under this definition, to be a ‘‘fear of physical injury.’’ The
and residual clause do not extend to but should be? Should statutory rape be Commission seeks comment on whether
property offenses. How, if at all, should expressly included? Should it be including these limitations in the
the guidelines definition of ‘‘crime of expressly excluded? ‘‘extortion’’ definition is appropriate.
violence’’ apply to property offenses? (E) The proposed amendment defines 5. Some commentators have suggested
4. The proposed amendment seeks ‘‘robbery’’ as the misappropriation of that the definition of ‘‘crime of
comment on the enumerated offense property under circumstances involving violence’’ should not provide a list of
definitions, as set forth in Part A of the immediate danger to the person of enumerated offenses (e.g., murder,
proposed amendment. The definitions another. The Commission seeks voluntary manslaughter, aggravated
were derived from broad contemporary, comment on whether this definition is assault), but should contain only an
generic definitions of the elements for adequately clear and on whether it is elements clause (i.e., the use, attempted
the listed offenses. The Commission appropriate in scope. Are there types of use, or threatened use of physical force
seeks comment generally on whether offenses that would be included in the against the person [or property] of
providing definitions for enumerated definition set forth in the proposed another). The Commission seeks
offenses is appropriate and specifically amendment that should not be comment on whether such a single-
on whether the definitions provided are considered ‘‘crimes of violence’’? Are prong approach would provide a
appropriate. Are there offenses that are there types of offenses that would not be sufficient and appropriate definition of
covered by the proposed definitions but included under this definition, but ‘‘crime of violence.’’ If so, what should
should not be? Are there offenses that should be? For example, in some the ‘‘elements clause’’ provide?
are not covered by the proposed jurisdictions the elements of robbery 6. The Commentary to § 4B1.2 states
definitions but should be? may be established by a taking of that ‘‘crime of violence’’ and ‘‘controlled
In addition, the Commission seeks property from a person or person’s substance offense’’ include the offenses
specific comment on the following: presence by fear (rather than, for of aiding and abetting, conspiring, and
(A) The proposed definition of example, by force or by injury). If the attempting to commit such offenses. The
‘‘murder’’ would include offenses in defendant was convicted of such a Commission seeks comment on whether
which the defendant causes the death of taking by fear, would it qualify as the definitions of ‘‘crime of violence’’
another in the course of committing any ‘‘robbery’’ as defined by the proposed and ‘‘controlled substance offense’’
felony. This definition is worded more amendment? In the alternative, would it should include attempts, conspiracies,
broadly than felony murder statutes in qualify as ‘‘extortion’’ as defined by the and aiding and abetting. If so, should
some states to minimize complexity and proposed amendment? Should such a any limitations apply?
avoid difficulties with differing state robbery (i.e., the taking of property from 7. Part B of the proposed amendment
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law definition. The Commission seeks a person or person’s presence by fear) would amend § 4B1.2 to revise the
comment on whether such a definition qualify as a crime of violence? definition of ‘‘felony.’’ The Commission
is appropriate. (F) The Supreme Court has seeks comment on the advantages and
(B) The proposed definition of determined that burglary under section disadvantages of using different
‘‘kidnapping’’ attempts to capture the 924(e) includes structures other than definitions of ‘‘felony’’ in the
kinds of aggravating factors that some dwellings, but the Commission has guidelines. Should the Commission
courts have held are present in state included only burglaries of dwellings adopt a single definition of ‘‘felony’’
statutes. The Commission seeks under the current definition of ‘‘crime of throughout the guidelines?
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![49318 Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Notices
8. The revisions made by Part B DEPARTMENT OF VETERANS submit applications electronically
would add a requirement that the AFFAIRS following instructions found at
offense have been classified as a felony www.va.gov/homeless/ssvf.asp.
under the laws of the jurisdiction in Funding Availability Under Supportive Alternatively applicants can mail in
which the defendant was convicted. The Services for Veteran Families (SSVF) applications. If mailed, applicants must
Commission seeks comment on how Program submit two completed, collated, hard
this principle should apply to states that AGENCY: Veterans Health copies of the application and two
do not classify offenses as felonies, and Administration, Department of Veterans compact discs (CD) containing
to states (such as California) in which Affairs (VA). electronic versions of the entire
some offenses may be classified as application are required. Each
ACTION: Notice of funding availability
either a felony or a misdemeanor at application copy must (i) be fastened
(NOFA).
initial sentencing and the classification with a binder clip, and (ii) contain tabs
SUMMARY: VA is announcing the listing the major sections of and exhibits
may change based on later events (such
availability of funds for supportive to the application. Each CD must be
as a revocation of probation). The
services grants under the SSVF Program. labeled with the applicant’s name and
proposed amendment includes the must contain an electronic copy of the
parenthetical phrase ‘‘(or comparable This NOFA contains information
concerning the SSVF Program, initial entire application. A budget template
classification)’’ and the bracketed must be attached in Excel format on the
supportive services grant application
phrase ‘‘[at the time the defendant was CD, but all other application materials
processes, and the amount of funding
initially sentenced]’’ to address these may be attached in a PDF or other
available.
situations. Do these phrases adequately Funding Opportunity Title: SSVF format. The application copies and CDs
address these situations? If not, how, if Program. must be submitted to the following
at all, should the Commission address Announcement Type: Initial. address: Supportive Services for Veteran
these situations? Funding Opportunity Number: VA– Families Program Office National Center
9. Part C of the proposed amendment SSVF–021015. on Homelessness Among Veterans, 4100
would adopt for the illegal reentry Catalog of Federal Domestic Chester Avenue, Suite 201,
guideline the same definition of ‘‘crime Assistance Number: 64.033, VA SSVF Philadelphia, PA 19104. Applicants
Program. must submit two hard copies and two
of violence’’ used in the career offender
VA is announcing the availability of CDs. Applications may not be sent by
guideline. The Commission seeks funds for supportive services grants
comment on the advantages and facsimile (FAX). Applications must be
under the SSVF Program. This NOFA received in the SSVF Program Office by
disadvantages of using different contains information concerning the 4:00 p.m. Eastern Time on the
definitions for these guidelines. Should SSVF Program, initial supportive application deadline date. Applications
the Commission have separate services grant application processes, must arrive as a complete package.
definitions for ‘‘crime of violence’’ in and the amount of funding available. Materials arriving separately will not be
these guidelines? Awards made for supportive services included in the application package for
10. The Commission seeks comment grants will fund operations beginning consideration and may result in the
on whether any other guidelines that October 1, 2015. application being rejected.
involve terms such as ‘‘crime of DATES: Applications for supportive Technical Assistance: Information
violence,’’ ‘‘controlled substance services grants under the SSVF Program regarding how to obtain technical
offense,’’ and ‘‘drug trafficking offense’’ must be received by the SSVF Program assistance with the preparation of an
should be revised to conform to the Office by 4:00 p.m. Eastern Time on initial supportive services grant
definitions used in the career offender September 1, 2015. In the interest of application is available on the SSVF
guideline or the illegal reentry guideline fairness to all competing applicants, this Program Web site at: http://www.va.gov/
(as revised by the proposed deadline is firm as to date and hour, and HOMELESS/SSVF.asp.
amendment). For example, what VA will treat as ineligible for FOR FURTHER INFORMATION CONTACT: Mr.
changes, if any, should be made to the consideration any application that is John Kuhn, SSVF Program Office,
firearms and explosives guidelines, received after the deadline. Applicants National Center on Homelessness
should take this practice into account Among Veterans, 4100 Chester Avenue,
§§ 2K2.1 and 2K1.3, to conform to the
and make early submission of their Suite 201, Philadelphia, PA 19104; via
revisions made by the proposed
materials to avoid any risk of loss of email at SSVF@va.gov.
amendment? What changes, if any, eligibility brought about by
should be made to guidelines that use SUPPLEMENTARY INFORMATION:
unanticipated delays, computer service
the term ‘‘crime of violence’’ but do not outages, or other delivery-related I. Funding Opportunity Description
define it by reference to § 4B1.2 (such as problems. A. Purpose: The SSVF Program’s
guidelines that define it by reference to
ADDRESSES: For a Copy of the purpose is to provide supportive
18 U.S.C. 16)? Should the Commission
Application Package: Copies of the services grants to private non-profit
revise those guidelines to promote a
application can be downloaded directly organizations and consumer
single definition of ‘‘crime of violence’’ cooperatives, who will coordinate or
from the SSVF Program Web site at:
(and terms such as ‘‘controlled www.va.gov/homeless/ssvf.asp. provide supportive services to very low-
substance offense’’) throughout the
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Questions should be referred to the income Veteran families who: (i) Are
guidelines? SSVF Program Office via email at residing in permanent housing; (ii) are
[FR Doc. 2015–20107 Filed 8–14–15; 8:45 am]
SSVF@va.gov. For detailed SSVF homeless and scheduled to become
BILLING CODE 2210–40–P residents of permanent housing within
Program information and requirements,
see Section 62 of Title 38, Code of a specified time period; or (iii) after
Federal Regulations (38 CFR part 62). exiting permanent housing within a
Submission of Application Package: specified time period, are seeking other
Applicants are strongly encouraged to housing that is responsive to such very
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Document Created: 2015-12-15 11:07:15
Document Modified: 2015-12-15 11:07:15
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of proposed amendment to the sentencing guidelines and commentary. Request for public comment, including public comment regarding retroactive application of the proposed amendment. Notice of public hearing. | |
| Dates | (1) Written Public Comment.--Written public comment regarding the proposed amendment and issues for comment set forth in this notice, including public comment regarding retroactive application of the proposed amendment, should be received by the Commission not later than November 12, 2015. | |
| Contact | Jeanne Doherty, Public Affairs Officer, (202) 502-4502, [email protected] | |
| FR Citation | 80 FR 49314 |
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