Regulacje i polityka gospodarcza · 27.09.2007

Sentencing Guidelines for United States Courts

The United States Sentencing Commission submitted a series of amendments to the federal sentencing guidelines to Congress on May 1, 2007. Notice of such amendments was published in the Federal Register on May 21, 2007 (72 FR 28558). On July 31, 2007, the Commission published a notice (72 FR 41794) requesting comment regarding whether either Amendment 9, which pertains to offenses involving cocaine base ("crack"), or Amendment 12, which pertains to certain criminal history rules, should be included in subsection (c) of Sec. 1B1.10 [Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)] as amendments that may be applied retroactively to previously sentenced defendants. The Commission further requested comment regarding whether, if it amends Sec. 1B1.10(c) to include either amendment, it also should amend Sec. 1B1.10 to provide guidance to the courts on the procedure to be used when applying an amendment retroactively under 18 U.S.C. 3582(c)(2). The Commission is issuing this notice to advise the public that the period for public comment regarding retroactivity has been extended to November 1, 2007. The deadline was initially October 1, 2007. The