The Sentencing Commission last Friday voted to promulgate a number of amendments to the Sentencing Guidelines Manual. The amendments will take effect November 1. Here is a brief outline of the more significant amendments that were promulgated. A more detailed synopsis will be sent out later.

Immigration. The Commission revised the aggravated-felony enhancement of 2L1.2. The new enhancement -- 16 levels for certain aggravated felonies, including (most notably) a crime of violence and a drug-trafficking offense for which the sentence imposed exceeded 13 months; 12 levels for a drug-trafficking felony for which the sentence imposed did not exceed 13 months; 8 levels for any other aggravated felony.

Drug couriers. The Commission revised the commentary to 3B1.2 to make clear that a drug courier is not precluded from a role reduction even though the courier is held accountable only for the drugs personally handled by the courier.

Theft and fraud. The Commission combined the theft, property destruction, and fraud guidelines into a new guideline, in the process increasing punishment levels. The new guideline has a comprehensive new definition of "loss."

Money laundering. The Commission merged 2S1.1 and 2S1.2 into a new guideline. The purpose of the amendment is to tie the offense level for money laundering more closely to the offense level for the underlying offense that was the source of the laundered money.

Sex offenses. The Commission added a new chapter 4, part B guideline modeled upon the career offender guideline. The new guideline, entitled "Repeat and Dangerous Sex Offender Against Minors," applies if the career offender guideline does not apply. Subsection (a) applies if the defendant committed the instant offense after having been convicted of a sex offense. Subsection (a) sets a floor of criminal history category V and sets the offense level based on the statutory maximum for the instant offense (unless the offense level from chapters 2 and 3 of the Manual is higher). Subsection (b) applies if the defendant engaged in a "pattern of activity involving prohibited sexual conduct" and calls for a five-level enhancement (with a floor of 22) in the offense level determined under chapters 2 and 3 of the Manual.

Safety Valve. The Commission removed the requirement of a minimum offense level of 26 from the safety-valve provision of 2D1.1 and added a provision to 5C1.2 imposing a floor of offense level 17 for a defendant who qualifies for the lifting of a mandatory minimum under 5C1.2.

Meth labs. The Commission repromulgated as a regular amendment the temporary amendment that takes effect May 1. The Commission, however, made some changes, most notably in the amendment to 2D1.1. The regular amendment makes the new three-level enhancement for creating a substantial risk of harm to human life or the environment an alternative to the two-level enhancement of present 2D1.1(b)(5). The temporary amendment makes those two enhancements cumulative.

Ecstasy. The Commission repromulgated as a regular amendment, without change, the temporary amendment that takes effect May 1.

Amphetamine. The Commission repromulgated the temporary amendment that takes effect May 1. The regular amendment is the same as the temporary amendment.

List I chemicals. The Commission repromulgated the temporary amendment that takes effect May 1. The regular amendment is the same as the temporary amendment.

Guns. (1) The Commission revised the gun table of 2K2.1. The new table has two-level increments, instead of one-level increments, and has new entries for 100-199 guns (8-level enhancement) and 200 or more guns (10-level enhancement). (2) The Commission revised 2K1.3 and 2K2.1 to make clear that for the purpose of determining the base offense level, a defendant's status as a prohibited person is to be determined as of the time of the instant offense, not the time of sentencing. (3) The Commission revised the base-offense level provisions of 2K1.3 and 2K2.1 that are triggered by the defendant having one or more "prior" felony conviction. The Commission resolved a circuit split over the meaning of "prior" by specifying that prior means before committing the instant offense, not before being sentenced for the instant offense.

The Justice Department opposed promulgation of the money-laundering and immigration amendments. At the public hearing, the Justice Department's witness (the acting deptury Attorney General) hinted that the Justice Department might go to Congress to defeat those proposals. I do not know if the Justice Department will do that, but the tone at Friday's meeting suggests that it will not.

The defenders' guidelines committee -- Jon Sands (chair), Mike Dane, Tom Hillier, Shelley Stark, Abe Clott (E.D. N.Y.), Andrea Smith (S.D. Ill.), and Janine Yunker (D. Colo.) -- invested a considerable amount of time and energy during this amendment cycle. A.J. Kramer joined Jon Sands in testifying before the Commission last month. Bob Van Norman, John Butcher (D. N.M.), and Zig Popko (D. Ariz.) assisted the guidelines committee with the proposed amendments affecting Native-American defendants. The committee also received a great deal of help from Janet Hinton, a paralegal in E.D. Mo. on detail to the DSD.