Chair Murphy called the meeting to order at 1:04 p.m. in the Commissioners Conference room. The following Commissioners and staff participated in the meeting:
Diana E. Murphy, Chair
Ruben Castillo, Vice Chair
William K.
Sessions, III, Vice Chair
John R. Steer, Vice Chair
Sterling Johnson,
Jr., Commissioner
Joe Kendall, Commissioner
Michael E. O'Neill,
Commissioner
Michael J. Gaines, Commissioner Ex-Officio
Michael E.
Horowitz, Commissioner Ex-Officio
Timothy B. McGrath, Staff
Director
Charles Tetzlaff, General Counsel
Donald Purdy, Chief Deputy
General Counsel
Chair Murphy stated that the Commission was scheduled to vote on proposed emergency amendments for List I chemicals and ecstasy. Before voting on the amendments, Chair Murphy provided some background about where the Commission is in its annual amendment cycle and the procedure for submitting amendments to Congress. She stated that the Commission must submit amendments to Congress by May 1, and because of this deadline, the Commission is extremely pressed at this time of year.
Chair Murphy reminded those present that the Commission will hold its last public meeting for this amendment cycle on April 5th and 6th. At this meeting, the Commission will vote on a number of proposed amendments. She stated that the Commission previously voted on several amendments during the February Business Meeting, but is still involved in a number of very complex areas.
Chair Murphy stated that the Commission heard testimony from a number of witnesses at the March 19, 2001, Public Hearing. Four panels of witnesses spoke on a number of different guideline areas; two of the four panels specifically addressed ecstasy.
Chair Murphy discussed the fact that, in addition to testimony regarding proposed amendments, the Commission received comments on the process that the Sentencing Commission uses in gathering information. There was a suggestion that the public have access to papers, documents, and submissions that the Commission receives from outside groups. Chair Murphy stated that the Commission is considering ways to make these submissions routinely available to the public.
Chair Murphy officially welcomed the Commission's newest Commissioner Ex-Officio, Michael Horowitz.
The Commission then turned to consideration of the proposed emergency amendments on List I chemicals and Ecstasy.
Emergency Amendment 3 - List I Chemicals
This proposed emergency amendment addresses the three-part directive in section 3561 of the Methamphetamine Anti-Proliferation Act of 2000, Pub. L. 106-310 regarding enhanced punishment for trafficking in List I chemicals. That section requires the Commission to promulgate an amendment implementing the directive under emergency authority.
Donald Purdy stated that the proposed emergency amendment will be effective May 1, 2001. He also stated that this proposed amendment uses an actual yield in determining the appropriate punishment levels in order to be consistent with the legislative directive. Thus, the amendment addresses how many units of methamphetamine can be produced from one unit of ephedrine. The Commission based the proposed penalty structure on the Drug Enforcement Administration's determination that the average yield is between 50 and 75 percent. This proposed amendment takes a conservative approach and assumes a 50% actual yield from a unit of ephedrine.
Vice Chair Steer moved for adoption of this emergency amendment as described by Donald Purdy, with an effective date of May1, 2001. Seconded by Commissioner Kendall.
Chair Murphy stated that this amendment had been on the agenda for a previous meeting, but was deferred for further consideration. Thus, the Commission was able to devote much consideration to the proposal.
The proposed emergency amendment passed unanimously.
Proposed Emergency Amendment 1 - Ecstasy
This proposed amendment addresses the directive in the Ecstasy Anti-Proliferation Act of 2000, section 3664 of Pub. L. 106-310, which instructs the Commission to provide, under emergency amendment authority, increased penalties for the manufacture, importation, exportation, or trafficking of Ecstasy. The directive specifically requires the Commission to increase the base offense level for 3,4-methlenedioxy methamphetamine (MDMA), 3,4-methylenedioxy amphetamine (MDA), 3,4-methlenedioxy-N-ethylamphetamine (MDEA), paramethoxymethamphetamine (PMA), and any other controlled substance that is marketed as Ecstasy and that has either a chemical structure similar to MDMA or an effect on the central nervous system substantially similar to or greater than MDMA.
Chair Murphy stated that the Commission received more public comment on this topic than any other since the Commission was appointed in November 1999. She stated that the Commission has received expert testimony and opinion regarding ecstasy. Additionally, the Commiss