Sentencing Guidelines for United States Courts

[Federal Register Volume 64, Number 235 (Wednesday, December 8, 1999)]
[Notices]
[Pages 68715-68716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31755]


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UNITED STATES SENTENCING COMMISSION


Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Notice of proposed priorities; request for public comment.

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SUMMARY: As part of its statutory authority and responsibility to 
analyze sentencing issues, including operation of the federal 
sentencing guidelines, and in accordance with Rule 5.2 of its Rules of 
Practice and Procedure, the Commission has preliminarily identified 
certain priorities as the focus of it policy development work, 
including possible amendments to guidelines, policy statements and 
commentary, for the amendment cycle ending May 1, 2000. The Commission 
has only recently been reconstituted and, due to the constraints of an 
abbreviated amendment cycle, the Commission proposes to place on its 
agenda only those items the Commission hopes it may be able to conclude 
by its statutory deadline of May 1.

DATES: Public comment should be received on or before January 7, 2000.

ADDRESSES: Send comments to: United States Sentencing Commission, One 
Columbus Circle, NE, Suite 2-500 South, Washington, DC 20002-8002, 
Attention: Public Information-Priorities Comment.


[[Page 68716]]


FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Affairs 
Officer, Telephone: (202) 502-4590.

SUPPLEMENTARY INFORMATION: Due to a constrained schedule for developing 
and promulgating amendments in the current amendment cycle, the 
Commission has determined it necessary to focus and limit its policy 
development work for the current amendment cycle to policy work it 
believes it may reasonably accomplish by May 1, 2000. Accordingly, the 
Commission has limited its current policy development priorities 
principally to the following areas: (i) Implementation of legislative 
directives and other high priority crime legislation enacted by the 
105th Congress for which guideline amendments were not developed or 
finalized by the previous Commission; and (ii) Resolution of a limited 
number of high priority ``circuit conflicts'' in guideline 
interpretation, with the goal of enhancing the consistency with which 
the guidelines are applied. While the Commission intends to address 
these priority issues promptly, it recognizes that the tight time 
constraints and possible complexities of several of the issues may not 
permit completion of all work to the Commission's satisfaction by the 
statutory deadline of May 1. The Commission plans to address any 
unfinished policy development work from this agenda during the next 
amendment cycle unless Congress enacts legislation providing the 
Commission with emergency amendment authority, which would enable the 
Commission to submit guideline amendments after the May 1 statutory 
deadline.
    The specific policy development issues that the Commission hopes to 
address in this cycle are as follows--

I. Legislative Directives

    The Commission has identified the implementation of the following 
directives as a priority for this amendment cycle:
    (A) The No Electronic Theft (NET) Act of 1997--Congress directed 
the Commission, under emergency amendment authority, to ensure that (1) 
the guideline penalties for intellectual property offenses are 
sufficiently stringent to deter those crimes; and (2) the guidelines 
pertaining to intellectual property offenses provide for consideration 
of the retail value and quantity of infringed items.
    (B) The Telemarketing Fraud Prevention Act of 1998--Congress 
directed the Commission, under emergency authority, to provide (1) 
Substantially increased penalties for persons convicted of 
telemarketing offenses; (2) An additional sentencing enhancement if the 
offense involved sophisticated means, including but not limited to 
sophisticated concealment efforts; and (3) An additional sentencing 
enhancement for cases in which a large number of vulnerable victims are 
affected by a fraudulent scheme or schemes. The Commission promulgated 
emergency amendments in September 1998 in response to this directive, 
but they must be re-promulgated in the coming amendment cycle to be 
made permanent.
    (C) The Wireless Telephone Protection Act of 1998--Congress 
directed the Commission to review and, if appropriate, amend the 
guidelines to provide an appropriate penalty for offenses involving the 
fraudulent cloning of wireless telephones.
    (D) The Identity Theft and Assumption Deterrence Act of 1998--
Congress directed the Commission to review and, if appropriate, amend 
the guidelines to provide an appropriate penalty for each offense under 
18 U.S.C. 1028 (fraud in connection with identification documents).
    (E) The Protection of Children from Sexual Predators Act of 1998--
Congress directed the Commission to (1) Provide a sentencing 
enhancement for offenses relating to the transportation of individuals 
for illegal sexual activity; (2) Provide a sentencing enhancement if 
the defendant used a computer in connection with a sexual offense 
against a minor; (3) Provide a sentencing enhancement if the defendant 
knowingly misrepresented the defendant's identity in connection with a 
sexual offense against a minor; (4) Increase the penalties in any case 
in which the defendant engaged in a pattern of activity involving the 
sexual abuse or exploitation of a minor; and (5) Amend the guidelines 
to clarify that the term ``distribution of pornography'' in the 
guidelines relating to distribution of child pornography applies to 
distribution for monetary remuneration or for a non-pecuniary interest.

II. Other High Priority Crime Legislation

    The Commission would like to consider amendments to the sentencing 
guidelines to implement the following additional high priority crime 
legislation:
    (A) The Methamphetamine Trafficking Control Act of 1998--This Act 
does not contain a directive, but it increased the penalties for 
manufacturing, importing, or trafficking in methamphetamine by reducing 
by one-half the quantity of methamphetamine required to trigger the 
various mandatory minimum sentences in the drug statutes.
    (B) Firearms Legislation--In Public Law 105-386, Congress amended 
18 U.S.C. 924(c) to (1) Create a tiered system of sentencing 
enhancement ranges, each with a mandatory minimum and presumed life 
maximum, in cases in which a firearm is involved in a crime of violence 
or drug trafficking offense (the pertinent minimum sentence being 
dependent on whether the firearm was possessed, brandished, or 
discharged); (2) Change the mandatory minimum for second or subsequent 
convictions under Sec. 924(c) from 20 to 25 years; and (3) broadly 
define the term ``brandish.''
    In Public Law 105-277 (section 121 of the General Provisions), 
Congress amended 18 U.S.C. 922 to prohibit an alien who is lawfully 
present in the United States under a non-immigrant visa from possessing 
or otherwise being involved in a firearms offense.

III. Circuit Conflicts

    As it has in the past, the Commission proposes to resolve a number 
of conflicts among the circuit courts on sentencing guideline issues. 
See Braxton v. United States, 500 U.S. 344 (1991). The Commission has 
begun working with the Criminal Law Committee of the Judicial 
Conference, the United States Department of Justice, and other 
interested participants in the federal criminal justice system to 
identify and resolve high priority circuit conflict issues.
    The Commission also expects to review any additional crime 
legislation enacted during the first session of the 106th Congress for 
matters requiring prompt Commission response. Finally, the Commission 
expects to consider several minor technical or conforming amendments 
necessary for proper operation of the sentencing guideline system.
    The Commission invites public comment on these proposed priorities.

    Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and 
Procedure 5.2.
Diana E. Murphy,
Chair.
[FR Doc. 99-31755 Filed 12-7-99; 8:45 am]
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