Subject: Proposed amendments to the sentencing guidelines

Author: Tom Hutchison

Date: 11/24/2000 3:53 PM

The Sentencing Commission has published several proposed amendments (Nov. 7 Federal Register; also available at www.ussc.gov, click on "Federal Register Notices"). The guidelines affected are 2C1.3 (conflict of interest), 2C1.4 (payment or receipt of unauthorized compensation), 2C1.5 (payments to obtain public office), 2B5.1 (counterfeit bearer obligations of the U.S.), 2H3.1 (interception of communications or eavesdropping), 1B1.2 (applicable guideline), 2A2.2 (aggravated assault), 2F1.1 (fraud) and 3B1.2 (mitigating role). The amendments to 1B1.2, 2A2.2, 2F1.1, and 3B1.2 resolve circuit conflicts.

Comments on the proposals must be submitted by January 8, 2001. The Commission plans to act on these proposals on the basis of the written comments. The Commission does not plan to deal with these proposals at a public hearing.

The guidelines committee -- Jon Sands (Az., Chair), Mike Dane (N.D. Ohio), Tom Hillier (W.D. Wash.), Shelley Stark (W.D. Pa.), Abe Clott (E.D. N.Y.), Andrea Smith (S.D. Ill.), and Janine Yunker (Colo.) -- is preparing comments on behalf of the Federal Public and Community Defenders. If you or anyone on your staff has any suggestions about what those comments should contain, please contact a member of the committee or me.

The Commission has voted to publish another set of proposed guideline amendments. They should appear in the Federal Register in the next week or 10 days. Expect to receive another e-mail like this one after the second set of proposed amendments is published.