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Daily Archives: May 14, 2005

Amendments to US Sentencing Guidelines Includes Amendment on ID Theft

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Federal Register, May 11, 2005: United States Sentencing Commission , NOTICES, Sentencing guidelines and policy statements for Federal courts, 24852–24856. SUMMARY: Pursuant to its authority under 28 U.S.C. 994(p), the Commission has promulgated amendments to the sentencing guidelines, policy statements, commentary, and statutory index. This notice sets forth the amendments and the reason for each amendment.

  • “Amendment: Chapter Two, Part B, Subpart 1 is amended by adding at the end the following new guideline and accompanying commentary: “Sec. 2B1.6. Aggravated Identity Theft…”18 U.S.C. 1028A 2B1.6”. Reason for Amendment: This amendment implements sections 2 and 5 of the Identity Theft Penalty Enhancement Act, Public Law 108-275, 118 Stat. 831 (“the Act”), which create two new criminal offenses at 18 U.S.C. 1028A and direct the Sentencing Commission to expand the upward adjustment at Sec. 3B1.3 (Abuse of Position of Trust/Special Skill)…The Act creates a new offense at 18 U.S.C. 1028A(a)(1) that prohibits the unauthorized transfer, use, or possession of a means of identification of another person during, or in relation to, specific enumerated felonies. These felonies consist of various types of fraud, including mail and wire fraud in connection with passports, visas and other immigration, nationality, and citizenship laws, programs under the Social Security Act, and the acquisition of firearms.”
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