[20190620]LSB10312_枪械犯罪罚款.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Gun Crime Penalty Tossed June 20, 2019 Summary The full United States Court of Appeals for the Sixth Circuit (Sixth Circuit) (sitting en banc), in United States v. Havis, recently held that prior attempt convictions do not warrant a felon-in-possession-of-a-firearm sentencing enhancement. Ordinarily binding commentary included in the U.S. Sentencing Commissions sentencing guidelines would require enhancement for prior attempt convictions. A number of other federal appellate courts, including the U.S. Court of Appeals for the Eleventh Circuit in 2017, have deferred to the Sentencing Commissions interpretation. The Sixth Circuit, however, concluded that the commentary is not entitled to deference because it conflicts with the text of the guideline. Sentencing Commission Congress authorizes the Sentencing Commission to promulgate the federal sentencing guidelines. The Commission ordinarily updates the guidelines as part of an annual cycle that begins with the publication of proposed amendments followed by a notice and comment period. The Commission sends its final proposed amendments to Con