Federal Register | Sentencing Guidelines for United States Courts

A Notice by the United States Sentencing Commission on 01/18/2013

“Pursuant to section 994(a), (o), and (p) of title 28, United States Code, the United States Sentencing Commission is considering promulgating certain amendments to the sentencing guidelines, policy statements, and commentary. This notice sets forth the proposed amendments and, for each proposed amendment, a synopsis of the issues addressed by that amendment. … “

“The proposed amendments and issues for comment in this notice are as follows: …

“… (3) proposed changes to the guidelines applicable to offenses involving counterfeit or adulterated drugs or counterfeit military parts, including (A) a proposed amendment on offenses involving counterfeit military goods and services, including options to amend § 2B5.3 (Criminal Infringement of Copyright or Trademark) or Appendix A (Statutory Index) with respect to such offenses to address the statutory changes to 18 U.S.C. 2320 made by section 818 of the National Defense Authorization Act for Fiscal Year 2012, Public Law 112-81 (December 31, 2011); …”

More at Federal Register.

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One thought on “Federal Register | Sentencing Guidelines for United States Courts

  1. Here is a question concerning the definition of “counterfeit military good or service” per 18 USC § 2320 …

    (f)(4) A “counterfeit military good or service” is a good or service that uses a counterfeit mark and that
    (A) is falsely identified or labeled as meeting military specifications, or
    (B) is intended for use in a military or national security application.

    Parts and materials used in equipment produced for military and national security applications include items “labeled as meeting military specifications” as well as items that are not. Though the producers of the latter may be aware that the items are frequently used in equipment produced for military and national security applications, the producer generally does not represent or certify the items are intended for use in such applications. Furthermore, in many cases a military specification for the item does not exist.

    Are the examples I describe not subject to 18 USC § 2320?

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