29 March 2006
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[Federal Register: March 29, 2006 (Volume 71, Number 60)]
[Notices]
[Page 15795-15796]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29mr06-149]
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UNITED STATES SENTENCING COMMISSION
Sentencing Guidelines for United States Courts
AGENCY: United States Sentencing Commission.
ACTION: Notice of temporary, emergency amendment to sentencing
guidelines, policy statements, and commentary.
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SUMMARY: Pursuant to the Anabolic Steroid Control Act of 2004, Pub. L.
108-358 (the ``ASC Act'') and the United States Parole Commission
[[Page 15796]]
Extension and Sentencing Commission Authority Act of 2005, Pub. L. 109-
76, the Commission hereby gives notice of a temporary, emergency
amendment to the sentencing guidelines, policy statements, and
commentary. This notice sets forth the temporary, emergency amendment
and the reason for the amendment.
DATES: The Commission has specified an effective date of March 27,
2006, for the emergency amendment set forth in this notice.
FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Affairs
Officer, Telephone: (202) 502-4590.
SUPPLEMENTARY INFORMATION: The United States Parole Commission
Extension and Sentencing Commission Authority Act of 2005 requires the
Commission, under emergency amendment authority, to implement section 3
of the ASC Act no later than 180 days after the date of enactment of
the United States Parole Commission Extension and Sentencing Commission
Authority Act of 2005. Accordingly, the Commission is required to
promulgate a temporary, emergency amendment by March 27, 2006.
The temporary, emergency amendment set forth in this notice also
may be accessed through the Commission's Web site at http://www.ussc.gov
.
Authority: 28 U.S.C. 994(a), (o), (p), (x); section 105 of Pub.
L. 109-9; and Pub. L. 109-76.
Ricardo H. Hinojosa,
Chair.
1. Amendment: Section 2D1.1 is amended by redesignating subsections
(b)(6) and (b)(7) as subsections (b)(8) and (b)(9), respectively; and
by inserting the following after subsection (b)(5):
``(6) If the offense involved the distribution of an anabolic
steroid and a masking agent, increase by 2 levels.
(7) If the defendant distributed an anabolic steroid to an
athlete, increase by 2 levels.''.
Section 2D1.1(c) is amended in the ``*Notes to Drug Quantity
Table'' in subdivision (F) by striking ``(except anabolic steroids)'';
and by adding at the end the following:
``For an anabolic steroid that is not in a pill, capsule,
tablet, or liquid form (e.g., patch, topical cream, aerosol), the
court shall determine the base offense level using a reasonable
estimate of the quantity of anabolic steroid involved in the
offense. In making a reasonable estimate, the court shall consider
that each 25 mg of an anabolic steroid is one `unit'.''.
Section 2D1.1(c) is amended in the ``*Notes to the Drug Quantity
Table'' by striking subdivision (G); and by redesignating subdivisions
(H) through (J) as subdivisions (G) through (I), respectively.
The Commentary to Sec. 2D1.1 captioned ``Application Notes'' is
amended in the first paragraph of Note 8 by inserting ``Interaction
with Sec. 3B1.3.--'' before ``A defendant who''; by striking
``enhancement'' and inserting ``adjustment''; and by adding at the end
the following:
``Additionally, an enhancement under Sec. 3B1.3 ordinarily
would apply in a case in which the defendant used his or her
position as a coach to influence an athlete to use an anabolic
steroid.''.
The Commentary to Sec. 2D1.1 captioned ``Application Notes'' is
amended in Notes 19 and 20 by striking ``(b)(6)'' each place it appears
and inserting ``(b)(8)''; and in Note 21 by striking ``(b)(7)'' each
place it appears and inserting ``(b)(9)''.
The Commentary to Sec. 2D1.1 captioned ``Application Notes'' is
amended by adding at the end the following:
``24. Application of Subsection (b)(6).--For purposes of
subsection (b)(6), `masking agent' means a substance that, when
taken before, after, or in conjunction with an anabolic steroid,
prevents the detection of the anabolic steroid in an individual's
body.
25. Application of Subsection (b)(7).--For purposes of
subsection (b)(7), `athlete' means an individual who participates in
an athletic activity conducted by (i) an intercollegiate athletic
association or interscholastic athletic association; (ii) a
professional athletic association; or (iii) an amateur athletic
organization.''.
The Commentary to Sec. 2D1.1 captioned ``Background'' is amended
in the ninth paragraph by striking ``(b)(6)(A)'' and inserting
``(b)(8)(A)''; and in the last paragraph by striking ``(b)(6)(B) and
(C)'' and inserting ``(b)(8)(B) and (C)''.
Reason for Amendment: This amendment implements the directive in
the United States Parole Commission Extension and Sentencing Commission
Authority Act of 2005, Pub. L. 109-76, which required the Commission,
under emergency amendment authority, to implement section 3 of the
Anabolic Steroid Control Act of 2004, Pub. L. 108-358 (the ``ASC
Act''). The ASC Act directed the Commission to ``review the Federal
sentencing guidelines with respect to offenses involving anabolic
steroids'' and ``consider amending the * * * guidelines to provide for
increased penalties with respect to offenses involving anabolic
steroids in a manner that reflects the seriousness of such offenses and
the need to deter anabolic steroid trafficking and use * * *.''
The amendment implements the directives by increasing the penalties
for offenses involving anabolic steroids. It does so by changing the
manner in which anabolic steroids are treated under Sec. 2D1.1
(Unlawful Manufacturing, Importing, Exporting, or Trafficking
(Including Possession with Intent to Commit These Offenses); Attempt or
Conspiracy).
The amendment eliminates the sentencing distinction between
anabolic steroids and other Schedule III substances when the steroid is
in a pill, capsule, tablet, or liquid form. For anabolic steroids in
other forms (e.g., patch, topical cream, aerosol), the amendment
instructs the court that it shall make a reasonable estimate of the
quantity of anabolic steroid involved in the offense, and in making
such estimate, the court shall consider that each 25 mg of anabolic
steroid is one ``unit''.
In addition, the amendment addresses two harms often associated
with anabolic steroid offenses by providing new enhancements in Sec.
2D1.1(b)(6) and (b)(7). Subsection (b)(6) provides a two-level
enhancement if the offense involved the distribution of an anabolic
steroid and a masking agent. Subsection (b)(7) provides a two-level
enhancement if the defendant distributed an anabolic steroid to an
athlete. Both enhancements address congressional concern with
distribution of anabolic steroids to athletes, particularly the impact
that steroids distribution and steroids use has on the integrity of
sport, either because of the unfair advantage gained by the use of
steroids or because of the concealment of such use.
The amendment also amends Application Note 8 of Sec. 2D1.1 to
provide that an adjustment under Sec. 3B1.3 (Abuse of Position of
Trust or Use of Special Skill) ordinarily would apply in the case of a
defendant who used his or her position as a coach to influence an
athlete to use an anabolic steroid.
[FR Doc. 06-3023 Filed 3-28-06; 8:45 am]
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