The meeting was called to order at 1:41 p.m. by Chairman Richard P. Conaboy in the Commissioners' Conference room. The following commissioners, staff, and guests participated:
Richard P. Conaboy, Chairman
Michael S. Gelacak, Vice Chairman
Michael Goldsmith, Vice Chairman
Wayne A. Budd, Commissioner
Deanell R. Tacha, Commissioner
Mary Frances Harkenrider, Ex Officio Commissioner
Richard Preston, Representative, Parole Commission
John H. Kramer, Staff Director
Paul K. Martin, Deputy Staff Director
John R. Steer, General Counsel
Judith Sheon, Principal Technical Advisor
Jonathan Wroblewski, Legislative Counsel
Fred Bennett, Chairman, Practitioners' Advisory Group
Alan Chaset, Representative, National Association of Criminal Defense Lawyers
Jim Felman, Representative, Practitioners' Advisory Group
Cathy Goodwin, Representative, Criminal Law Committee
Tom Hutchison, Representative, Federal Public Defenders
Julie Stewart, President, Families Against Mandatory Minimums
Ex Officio Commissioner Edward F. Reilly, Jr., was unable to attend the meeting.
Chairman Conaboy announced that Jeanne M. Gravois and Janeen M. Heaney both joined the Office of General Counsel in the positions of staff attorney and assistant drafter, respectively. Commissioner Gelacak introduced Jim Felman, who coordinates seminars on the federal guidelines for private defense attorneys. Mr. Felman is instrumental in organizing a yearly conference on the guidelines co-sponsored by the Federal Bar Association and the Commission.
Motion made by Commissioner Tacha to adopt the minutes of the November 13, 1996, business meeting; seconded by Commissioner Budd. Passed unanimously.
Chairman Conaboy opened the new business portion of the meeting by inviting representatives of five interest groups to address briefly their priority areas for possible guideline amendment. Presentations were made by Fred Bennett, Alan Chaset, Jim Felman, Cathy Goodwin, Tom Hutchison, and Julie Stewart. There was consensus among the groups that the Commission should attempt to address both aggravating and mitigating roles in the offense and acceptance of responsibility this amendment cycle. Other areas of agreement among most of the groups included addressing circuit conflicts, departures, and the money laundering guideline. Chairman Conaboy welcomed comments on these and other issues at any time.
This amendment implements congressional directives from sections 203, 211, and 218 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
Motion made by Commissioner Tacha to publish for comment in the Federal Register the proposed substitute amendment; seconded by Commissioner Budd. Passed unanimously.
Amendment #4:Fencing Stolen Property Enhancement
This amendment addresses a circuit conflict involving the proper interpretation of the phrase "in the business of receiving and selling stolen property" in the theft guideline.
Deferred for further consideration.
Amendment #5:Express Threat of Death Enhancement in the Robbery Guideline
This amendment addresses a split among the circuit courts regarding the application of the "express threat of death" enhancement in §2B3.1 (Robbery).
Motion made by Commissioner Tacha to publish for comment in the Federal Register; seconded by Commissioner Goldsmith. Passed unanimously.
Amendment #6:Standard of Proof for Obstruction of Justice
This amendment addresses a split in the circuit courts over the meaning of the last sentence of Application Note 1 in the Commentary to the Chapter Three adjustment for obstruction of justice, specifically, whether that sentence requires the use of a heightened standard of proof when the court applies an enhancement for perjury.
Motion made by Commissioner Goldsmith to publish for comment in the Federal Register the proposed substitute amendment; seconded by Commissioner Tacha. Passed unanimously.
Amendment #7:Upward Departures and Criminal History Category VI
This amendment resolves a circuit conflict regarding whether the methodology described in §4A1.3 for structuring an upward departure above Criminal History Category VI is permissive or mandatory.
Deferred for further consideration.
Amendment #8:Circuit Conflicts Related to Career Offender Definitions (And Related Issues)
This amendment resolves two circuit conflicts with respect to definitions of terms used in the Chapter Four career offender guideline and presents related issues for the Commission's consideration.
Motion made by Commissioner Goldsmith to publish for comment in the Federal Register the proposed substitute amendment; seconded by Commissioner Tacha. Passed unanimously.
Amendment #9:Revisions to the Fraud and Theft Guidelines
This amendment revises guidelines §§2B1.1 and 2F1.1.
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