The meeting was called to order at 2:02 p.m. by Chairman William W. Wilkins, Jr., in the library of the U.S. Sentencing Commission. The following Commissioners, staff and guests participated:
William W. Wilkins, Jr., Chairman
Julie E. Carnes, Commissioner
Michael S. Gelacak, Commissioner
A. David Mazzone, Commissioner
Ilene H. Nagel, Commissioner
Paul L. Maloney, Ex Officio Commissioner
Phyllis J. Newton, Staff Director
Paul K. Martin, Deputy Staff Director
John R. Steer, General Counsel
Sharon Henegan, Director, Training and Technical Assistance
Peter Hoffman, Principal Technical Advisor
Pamela Montgomery, Senior Staff Attorney
Andy Purdy, Chief Deputy General Counsel
Melissa Selick, Training and Technical Assistance Specialist
Fred Bennett, Representative, Practitioners' Advisory Group
Tom Hutchison, Representative, Federal Public Defender
Vicki Portney, Representative, Criminal Division, DOJ
Chairman Wilkins introduced probation officers Gloria Garber from the Southern District of Florida, Michael Pascarella from the Eastern District of Pennsylvania, and AUSA Daniel Bach, from the Western District of Wisconsin, all on temporary assignment to the Commission.
Motion made by Commissioner Mazzone to adopt the minutes of the December 12 and 18, 1991, Commission meetings and the January 14 and February 4, 1992, telephone conferences. Passed unanimously.
AMENDMENTS
Chairman Wilkins stated that all votes taken today on proposed amendments are subject to final approval prior to submission to Congress.
#1(A) 1B1.3 Relevant Conduct (Factors that Determine the Guideline Range)
This amendment clarifies the meaning of relevant conduct and moves language concerning jointly-undertaken criminal activity from the Commentary to the guideline.
Chairman Wilkins moved to adopt the substitute proposal, with Example #8 broken out as a separate amendment and the word "specific" in "specific criminal activity" deleted
wherever it appears. Commissioners Carnes, Mazzone, Nagel, and Wilkins voted in the affirmative; Commissioner Gelacak abstained. Passed.
#1(B) 1B1.3 Relevant Conduct (Factors that Determine the Guideline Range)
This amendment provides guidance as to the scope of the terms "same course of conduct" and "common scheme or plan."
Chairman Wilkins moved to adopt the substitute proposal. Commissioners Carnes, Mazzone, Nagel, and Wilkins voted in the affirmative; Commissioner Gelacak voted "no." Passed.
#2(A) 1B1.8 Use of Certain Information
This amendment provides that the information protected by 1B1.8 may be used in considering whether, and to what extent, a downward departure under 5K1.1 (Substantial Assistance to Authorities) is appropriate.
Motion made by Commissioner Carnes to adopt the substitute proposal. Commissioners Carnes, Mazzone, Nagel, and Wilkins voted in the affirmative; Commissioner Gelacak abstained. Passed.
#2(B) 1B1.8 Use of Certain Information
This amendment allows the government to exclude information given by the defendant, concerning the defendant's own behavior, from the guideline calculation.
Failed for lack of a motion.
#3 1B1.12 Persons Sentenced Under the Federal Juvenile Delinquency Act (Policy Statement)
This amendment adds a policy statement on the sentencing of persons under the Federal Juvenile Delinquency Act.
Failed for lack of a motion.
#4(A) 2A3.2 Criminal Sexual Abuse of a Minor (Statutory Rape) or Attempt to Commit Such Acts
2A3.4 Abusive Sexual Contact or Attempt to Commit Abusive Sexual Contact
This amendment provides cross references from the criminal sexual abuse of a minor and abusive sexual contact guidelines to the criminal sexual abuse guideline.
Chairman Wilkins moved to adopt, with the deletion in (c)(1) of "or assault with the intent to commit criminal sexual abuse" and all conforming changes. Passed unanimously.
#4(B) 2A3.1 Criminal Sexual Abuse: Attempt or Assault with the Intent to Commit Criminal Sexual Abuse
This amendment clarifies the meaning of "custody, care, or supervisory control."
Motion made by Commissioner Nagel to adopt. Passed unanimously.
#5 2B1.1 Larceny, Embezzlement, and Other Forms of Theft
2F1.1 Fraud and Deceit
This amendment eliminates the specific offense characteristic of "more than minimal planning" and revises the loss tables to build this adjustment into these tables at higher offense levels.
Failed for lack of a motion.
Commissioner Nagel requested a working group to study the broad issues related to white collar crime and, specifically as it pertains to this proposed amendment, to review the issue of proportionality in the fraud table, i.e., incremental penalties due on dollar loss are more severe for the small fraud.
#6 2B1.1 Larceny, Embezzlement, and Other Forms of Theft
2B4.1 Bribery in Procurement of Bank Loan and Other Commercial Bribery
2F1.1 Fraud and Deceit
This amendment raises the guideline levels for offenses involving financial institutions.
Failed for lack of a motion.
Commissioner Nagel requested that the issues presented in this proposal be reviewed by a working group on white collar and economic crime.
#7 2D1.1 Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses)
This amendment removes the caps on offense levels for certain classes of controlled substances.
Failed for lack of a motion.
#8 2L1.1 Smuggling, Transporting, or Harboring an Unlawful Alien
This amendment adds an enhancement for the scale of the offense (based upon number of aliens) and identifies certain situations that may warrant upward departure.
Deferred for discussion until later this amendment cycle.
#9 2N2.1 Violations of Statutes and Regulations Dealing with any Food, Drug, Biological Product, Device, Cosmetic, or Agriculture Product
This amendment moves cross references from the commentary to the guideline itself.
Chairman Wilkins moved to adopt the substitute proposal (option 1). Commissioners Carnes, Mazzone, Nagel, and Wilkins voted in the affirmative; Commissioner Gelacak voted "no." Passed.
#10 2Q1.2 Mishandling of Hazardous or Toxic Substances or Pesticides; Recordkeeping, Tampering, and Falsification
Deferred for discussion until later this amendment cycle.
#11 2Q2.1 Specially Protected Fish, Wildlife, and Plants; Smuggling and Otherwise Unlawfully Dealing in Fish, Wildlife, and Plants
Deferred for discussion until later this amendment cycle.
#12 2S1.3 Failure to Report Monetary Transactions; Structuring Transactions to Evade Reporting Requirements
2S1.4 Failure to File Currency and Monetary Instrument Report
3D1.2 Groups of Closely-Related Counts
This amendment references offenses concerning falsely filing, and failure to file, tax form 8300 to 2S1.4.
Failed for lack of a motion.
Commissioner Nagel requested that the issues presented in this proposal be reviewed by a working group related to money laundering offenses.
#13 2T1.1 Tax Evasion
This amendment consolidates and clarifies the guidelines in Chapter 2, Part T, Subpart 1.
Failed for lack of a motion.
Commissioner Nagel requested that the issues presented in this proposal be reviewed by a working group on white collar and economic crime.
#14 2T1.1 Tax Evasion
Deferred for discussion until later this amendment cycle.
#15 3A1.4 Commission of Terrorist Crimes
This amendment adds a specific enhancement in Chapter Three for international terrorism.
Failed for lack of a motion.
#16-20 3B1.2 Mitigating Role
3B1.1 Aggravating Role
2D1.1 Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses)
2D1.8 Renting or Managing a Drug Establishment
Deferred for discussion until later this amendment cycle.
#21 3C1.2 Reckless Endangerment During Flight
This amendment adds a floor offense level for reckless endangerment during flight and expressly authorizes a departure in cases involving death or bodily injury.
Deferred for discussion until later this amendment cycle.
#22 Chapter Three, Part D - Multiple Counts
This amendment amends the multiple count rules in certain circumstances.
Failed for lack of a motion.
#23 3E1.1 Acceptance of Responsibility
Deferred for discussion until later this amendment cycle.
#24 and 25(B) 4A1.1 Criminal History
4A1.2 Definitions and Instructions for Computing Criminal History
These amendments add an additional factor to the criminal history score based on the length of imprisonment served, and revise the criminal history score decay factor to exclude long terms of imprisonment.
Commissioner Carnes suggested deferral for further study until the next amendment cycle. Failed for lack of a motion.
#25(A) 4A1.1 Criminal History Category
This amendment provides more consistency in respect to the counting of convictions that have been reversed, vacated, annulled, set aside, expunged, or pardoned.
Motion made by Commissioner Carnes to adopt Option #1. Chairman Wilkins and Commissioner Carnes voted in the affirmative; Commissioner Gelacak, Mazzone, and Nagel abstained. Failed.
#26(A) 4A1.3 Adequacy of Criminal History Category
Deferred for discussion until later this amendment cycle.
#26(B) 4A1.3 Adequacy of Criminal History Category
This amendment makes editorial changes to 4A1.3 (Adequacy of Criminal History).
Failed for lack of a motion.
#26(C) 4A1.3 Adequacy of Criminal History Category
This amendment prohibits downward departures under the career criminal guideline in certain cases.
Failed for lack of a motion.
#27(A) 4B1.1 Career Offender
This amendment clarifies the meaning of the term "offense statutory maximum" as used in this section.
Motion made by Commissioner Carnes to adopt Option #1. Commissioners Carnes, Mazzone, and Wilkins voted in the affirmative; Commissioners Gelacak and Nagel voted "no." Failed.
Commissioner Nagel requested review of career offender in terms of identifiable classes of defendants whose sentences could be near rather than at the statutory maximum.
#27(B) 4B1.2 Definitions of Terms Used in Section 4B1.1
This amendment excludes counting convictions for crimes of violence punishable by less than two years imprisonment.
Failed for lack of a motion.
#27(C) 4B1.2 Definitions of Terms Used in Section 4B1.1
This amendment conforms the definition of "sustaining a conviction" for an offense with the definition of "convicted of an offense" in 4A1.2.
Motion made by Commissioner Carnes to adopt. Commissioners Carnes, Mazzone, Nagel, and Wilkins voted in the affirmative; Commissioner Gelacak abstained. Passed.
#27(D-F)
These amendments revise the definitions used in the career offender guideline.
Failed for lack of a motion.
Commissioner Nagel requested review of career offender in terms of identifiable classes of defendants whose sentences could be near rather than at the statutory maximum.
#28(A) Chapter Five, Part A - Sentencing Table
This amendment establishes a new criminal history category of 0.
Failed for lack of a motion.
#28(B) Chapter Five, Part A - Sentencing Table
This amendment establishes a new criminal history category of VII.
Failed for lack of a motion.
#29 Alternatives
This amendment expands the points in the guidelines at which alternatives to incarceration may be used.
Chairman Wilkins moved to adopt Option B. Passed unanimously.
#30 5E1.2 Fines for Individual Defendants
This amendment revises the maximum guideline fine ranges for certain offenses.
Failed for lack of a motion.
#31 5E1.2 Fines for Individual Defendants
This amendment transfers consideration of the costs of imprisonment from a separate category to consideration within the applicable guideline range.
Failed for lack of a motion.
#32 5F1.4 Order of Notice to Victims
This amendment provides more specific guidance as to circumstances under which an order of notice to victims is to be imposed.
Failed for lack of a motion.
#33(A) Part H - Specific Offender Characteristics
This amendment makes explicit that factors not ordinarily relevant to departure may be relevant to departure in certain circumstances.
Failed for lack of a motion.
#33(B) 5H1.1 Age (Policy Statement)
This amendment provides that age, combined with other factors, may be relevant grounds for departure.
Failed for lack of a motion.
#33(c)(1) 5H1.12 Lack of Guidance as Youth and Similar Circumstances (Policy Statement)
This amendment expresses the Commission's intent that lack of guidance as a youth and similar circumstances are not appropriate grounds for departure.
Commissioner Nagel stated that the Commission should respond only to extraordinary departure decisions.
Chairman Wilkins moved to adopt the substitute proposal with additional language ("lack of guidance as a youth, and similar circumstances indicating a disadvantaged upbringing are not relevant grounds for departure"). Commissioners Carnes, Gelacak, Nagel, and Wilkins voted in the affirmative; Commissioner Mazzone voted "no." Passed.
#33(c)(2) 3A1.1 Vulnerable Victim
This amendment clarifies the nature of the circumstances in which the vulnerable victim adjustment applies.
Motion made by Commissioner Carnes to adopt the substitute proposal. Chairman Wilkins and Commissioners Carnes and Mazzone voted in favor of the proposal. Commissioner Nagel requested to examine United States v. Jones, 899 F.2d 1097 (11th Cir. 1990). Deferred for discussion until later this amendment cycle.
#33(D) 5H1.1 Age
This amendment authorizes downward departures for older defendants in certain situations.
Failed for lack of a motion.
#34 5K1.1 Substantial Assistance to Authorities (Policy Statement)
This amendment allows a departure to be made under 5K1.1 despite absence of a government motion.
Failed for lack of a motion. Commissioner Gelacak stated that regardless of the language drafted, he would vote "no."
#35(A) 6B1.2 Standards for Acceptance of Plea Agreements (Policy Statement)
This amendment encourages disclosure of certain facts by the government to defense counsel in plea negotiations.
Motion made by Commissioner Mazzone. Commissioner Mazzone voted in the affirmative. Failed for lack of sufficient affirmative votes.
#35(C) 6A1.3 Resolution of Disputed Factors (Policy Statement)
This amendment clarifies that conduct not resulting in a conviction is not barred from use under the provisions of relevant conduct.
Chairman Wilkins moved to adopt the substitute proposal. Commissioners Carnes, Mazzone, Nagel, and Wilkins voted in the affirmative; Commissioner Gelacak voted "no." Passed.
#36(X) 6B1.2 Standards for Acceptance of Plea Agreements (Policy Statement)
This amendment clarifies that the use of a plea agreement to dismiss a charge, or not to pursue a potential charge, does not insulate the conduct underlying such charge from the operation of 1B1.3 (Relevant Conduct).
Motion made by Commissioner Mazzone. Commissioners Carnes, Mazzone, Nagel, and Wilkins voted in the affirmative; Commissioner Gelacak abstained. Passed.
#36(A) Application Instructions
This amendment moves the definitions of "reckless" and "criminally negligent" to the list of definitions of general applicability.
Motion made by Commissioner Mazzone. Commissioners Carnes, Mazzone, and Wilkins voted in the affirmative; Commissioners Gelacak and Nagel abstained. Failed.
#36(B) Application Instructions
This amendment clarifies the term "defendant."
Motion made by Commissioner Carnes. Commissioners Carnes, Mazzone, and Wilkins voted in the affirmative. Commissioners Gelacak and Nagel abstained. Failed.
#36(C) 1B1.2 Applicable Guidelines
This amendment revises the guideline to clarify the meaning of "stipulation," consistent with the amendment of the commentary to this guideline made effective November 1, 1991.
Motion made by Commissioner Mazzone. Passed unanimously.
#36(D) 1B1.10 Retroactivity of Amended Guideline Range (Policy Statement)
This amendment makes the revised definitions of the obstruction enhancement in 3C1.1 retroactive.
Failed for lack of a motion.
#36(E) 1B1.1 Applicable Instructions
This amendment moves the definitions of general applicability from the commentary in 1B1.1 into a separate guideline.
Failed for lack of a motion.
#36(F) 2A2.1 Assault with Intent to Commit Murder; Attempted Murder
This amendment removes the intermediate levels between bodily injury, serious bodily injury, and life-threatening or permanent bodily injury.
Failed for lack of a motion.
#36(G) 2A2.4 Obstructing or Impeding Officers
2D1.1 Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses)
2K1.5 Possessing Dangerous Weapons or Materials While Boarding or Aboard an Aircraft
This amendment revises the enhancements under 2D1.1 and 2K1.5, which are currently triggered by a conviction under a specific statute, to apply based on the actual conduct.
Chairman Wilkins moved to adopt. Commissioners Carnes, Mazzone, Nagel, and Wilkins voted in the affirmative; Commissioner Gelacak abstained. Passed.
#36(H) 2B1.1 Larceny, Embezzlement, and Other Forms of Theft
This amendment defines market value.
Failed for lack of a motion.
#36(I) 2B5.1 Offenses Involving Counterfeit Bearer Obligations of the United States
This amendment clarifies the operation of 2B5.1.
Failed for lack of a motion.
#36(J) 2D1.1 Unlawful Manufacturing, Importing, Exporting, or Trafficking (including Possession with Intent to Commit These Offenses)
This amendment adds two controlled substances to the Drug Equivalency Tables.
Chairman Wilkins moved to adopt with editorial corrections. Passed unanimously. Commissioner Gelacak stated that he does not favor weight-driven guidelines.
#36(K) Chapter Two, Part D
This amendment simplifies the operation of the guidelines by eliminating 2D1.4 (Attempts and Conspiracies [Drugs]) and adding the term "attempts and conspiracies" to each of the applicable guideline titles.
Chairman Wilkins moved to adopt. Commissioners Mazzone, Nagel, and Wilkins voted in the affirmative. Commissioner Gelacak voted "yes" by proxy for Commissioner Carnes and "no" for himself. Passed.
#36(L) 2E1.4 Use of Interstate Commerce Facilities in the Commission of Murder-For-Hire
This amendment deletes an obsolete reference to the maximum term of imprisonment authorized by statute.
Motion made by Commissioner Nagel to adopt only the proposed commentary. Commissioners Gelacak, Mazzone, Nagel, and Wilkins voted in the affirmative; Commissioner Carnes was not present. Passed.
#36(M) 2J1.6 Failure to Appear by Defendant
This amendment clarifies certain definitions and phraseology in 2J1.6.
Failed for lack of a motion.
#36(N) 2L2.1 Trafficking in Evidence of Citizenship or Documents Authorizing Entry
This amendment expands the titles of 2L12.1 and 2L2.2 to include other statutes appropriately covered by these provisions.
Deferred for discussion until later this amendment cycle.
#36(O) 2P1.1 Escape, Instigating or Assisting Escape
This amendment clarifies the definitions in 2P1.1.
Deferred for discussion until later this amendment cycle.
#36(P) 2T3.1 Evading Import Duties or Restrictions (Smuggling)
This amendment moves a cross reference from the commentary to the guideline itself and, in addition, consolidate 2T3.1 and 2T3.2.
Chairman Wilkins moved to adopt. Commissioners Carnes, Gelacak, Mazzone, and Wilkins voted in the affirmative. Commissioner Gelacak voted "no" by proxy for Commissioner Nagel. Passed.
#36(Q) 2B4.1 Bribery in Procurement of Bank Loan and Other Commercial Bribery
2C1.5 Payments to Obtain Public Office
2C1.6 Loan or Gratuity to Bank Examiner, or Gratuity for Adjustment of Farm Indebtedness, or Procuring Bank Loan, or discount of Commercial Paper
This amendment simplifies the structure of this guideline.
Failed for lack of a motion.
#36(R) 2X3.1 Accessory After the Fact
2X4.1 Misprision of Felony
This amendment removes an anomaly by revising the minimum offense level for these sections.
Failed for lack of a motion.
#36(S) 3A1.2 Official Victim
This amendment revises this guideline to include any present or former government employee who is a victim by virtue of their position.
Chairman Wilkins moved to adopt. Commissioners Carnes, Gelacak, Nagel, and Wilkins voted in the affirmative; Commissioner Mazzone abstained. Passed.
#36(T) 3B1.3 Abuse of Position of Trust or Use of Special Skill
This amendment clarifies the meaning of abuse of position of trust.
Failed for lack of a motion.
#36(U) 5E1.5 Costs of Prosecution (Policy Statement)
This amendment makes the guidelines more comprehensive by including notice of the statutory sentencing requirements concerning costs of prosecution.
Chairman Wilkins moved to adopt. Commissioners Carnes, Mazzone, Nagel, and Wilkins voted in the affirmative; Commissioner Gelacak abstained. Passed.
#36(V) 5K2.17 Extraordinary Physical Impairment (Policy Statement)
This amendment adds material to Chapter Five, Part K, pertaining to a departure for extraordinary physical impairment currently contained in Chapter Five, Part H.
Failed for lack of a motion.
#36(W) 6B1.2 Standards for Acceptance of Plea Agreements (Policy Statements)
This amendment was collapsed into #36(X) and was adopted previously.
#36(Y) 5D1.1 Imposition of a Term of Supervised Release
This amendment removes the requirement of a term of supervised release in life sentences.
Failed for lack of a motion. Commissioner Nagel stated that it should be obvious that supervised release, unless required by statute, need not be imposed on a term of life imprisonment.
#37 5G1.3 Imposition of a Sentence on a Defendant Subject to an Undischarged Term of Imprisonment
This amendment revises 5G1.3 to reduce the complexity of the operation of this guideline.
Deferred for discussion until later this amendment cycle.
#38 1B1.5 Interpretation of Reference to Other Offense Guidelines
This amendment clarifies the operation of 1B1.5 and moves instructions currently contained in the commentary to the guideline itself.
Motion made by Commissioner Nagel to adopt substitute proposal with possible technical revisions. Commissioners Carnes, Mazzone, Nagel, and Wilkins voted in the affirmative. Commissioner Gelacak abstained. Passed.
#39 5F1.6 Denial of Federal Benefits to Drug Traffickers and Possessors
This amendment revises certain statutory references to conform to legislative redesignation of the statute.
Chairman Wilkins moved to adopt. Passed unanimously.
#40 7B1.1 Classification of Violations (Policy Statement)
This amendment clarifies the definition of "controlled substance offense."
Chairman Wilkins moved to adopt. Commissioners Carnes, Mazzone, and Wilkins voted in the affirmative; Commissioners Gelacak and Nagel abstained. Failed.
#41 2D1.1 Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses)
This amendment clarifies the application of the Drug Quantity Table for certain controlled substances.
Chairman Wilkins moved to adopt. Commissioners Carnes, Mazzone, and Wilkins voted in the affirmative; Commissioners Gelacak and Nagel abstained. Failed.
#42 4B1.2 Definitions of Terms Used in Section 4B1.1
This amendment ratifies a previous amendment to the commentary to the career offender guidelines (amendment no. 433, effective November 1, 1991), which clarified that 4B1.2 is governed by the offense of conviction and that the offense of being a felon in possession of a firearm is not a crime of violence within the meaning of this guideline.
Deferred for discussion until later this amendment cycle.
Chairman Wilkins announced that the Commission would meet on April 1, 1992, at 1 p.m.
Chairman Wilkins recessed into executive session at 4:49 p.m.
APRIL 1, 1992
Chairman Wilkins reconvened the meeting at 1:12 p.m.
Chairman Wilkins introduced Janey Jeffers, a representative from the Bureau of Prisons.
AMENDMENTS
#8 2L1.1 Smuggling, Transporting, or Harboring an Unlawful Alien
Chairman Wilkins moved to adopt the substitute proposal. Commissioners Carnes, Mazzone, Nagel, and Wilkins voted in the affirmative; Commissioner Gelacak voted "no." Passed.
#14 2T1.1 Tax Evasion
Deferred for discussion until later this amendment cycle.
#16(A)-18(B) 3B1.2 Mitigating Role
3B1.1 Aggravating Role
Deferred for discussion until later this amendment cycle.
#19 2D1.1 Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses)
This amendment provides a cap on the offense level for participants in controlled substance offenses with minor or minimal roles.
Chairman Wilkins moved to adopt. Commissioners Carnes, Mazzone, and Wilkins voted in the affirmative; Commissioners Gelacak and Nagel voted "no." Failed.
#20 2D1.1 Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses)
This amendment references the offense level for this guideline more directly to the offense level for the underlying drug offense.
Motion made by Commissioner Mazzone to adopt the substitute proposal. Commissioners Carnes, Mazzone, and Wilkins voted in the affirmative; Commissioner Gelacak voted "no" and Commissioner Nagel abstained. Failed.
#21 3C1.2 Reckless Endangerment During Flight
Motion made by Commissioner Mazzone to adopt substitute proposal, Option B. Commissioners Carnes, Mazzone, and Wilkins voted in the affirmative. Commissioner Gelacak voted "no" and Commissioner Nagel abstained. Failed.
#23 3E1.1 Acceptance of Responsibility
Deferred for discussion until later this amendment cycle.
#26(A) 4A1.3 Adequacy of Criminal History Category (Policy Statement)
Deferred for discussion until later this amendment cycle.
#33(c)(2) 3A1.1 Vulnerable Victim
Motion made by Commissioner Carnes to adopt. Passed unanimously.
#36(O) 2P1.1 Escape, Instigating or Assisting Escape
Motion made by Commissioner Carnes to adopt. Commissioners Carnes and Wilkins voted in the affirmative; Commissioners Gelacak, Mazzone, and Nagel voted "no." Failed.
#36(N) 2L2.1 Trafficking in Evidence of Citizenship or Documents Authorizing Entry
Chairman Wilkins moved to adopt the substitute proposal. Commissioners Carnes, Mazzone, Nagel, and Wilkins voted in the affirmative. Commissioner Gelacak voted "no." Passed.
#37 5G1.3 Imposition of a Sentence on a Defendant Subject to an Undischarged Term of Imprisonment
Chairman Wilkins moved to adopt. Commissioners Carnes, Mazzone, Nagel, and Wilkins voted in the affirmative. Commissioner Gelacak voted "no." Passed.
#42 4B1.2 Definitions of Terms Used in Section 4B1.1
Chairman Wilkins moved to adopt. Passed unanimously.
Commissioner Gelacak voiced his strong concern regarding the yearly number of amendments. He would like the Commission to consider moving to a two-year amendment cycle.
Chairman Wilkins announced that the next Commission meeting would be held on April 14, 1992, at 10 a.m.
Chairman Wilkins adjourned the meeting at 2:36 p.m.
United States Sentencing Commission: