Jim Bell might be released and Jeff Luers sentence cut to 4-5 years.
Last year, the Commission promulgated an amendment that referenced 18
U.S.C. 2339 and 2339A to 2X2.1 (Aiding and Abetting) and 2X3.1 (Accessory
After the Fact). The offense at 18 U.S.C. 2339 prohibits harboring or
concealing any person who the defendant knows, or has reasonable grounds to
believe, has committed or is about to commit one of several enumerated
offenses. The maximum term of imprisonment is 10 years. The offense at 18
U.S.C. 2339A prohibits the provision of material support or resources to
terrorists, knowing or intending that they will be used in the preparation
for, or in carrying out, specified crimes (i.e., those designated as
predicate offenses for ``federal crimes of terrorism'') or in preparation
for, or in carrying out, the concealment or an escape from the commission
of any such violation. The maximum term of imprisonment is 15 years. In
contrast, a violation of the general harboring statute, 18 U.S.C. 1071, has
a maximum term of imprisonment of 5 years. For consistency and
proportionality, the proposed amendment not only makes the ``cap'' of level
20 inapplicable to harboring a person who is convicted under 18 U.S.C. 2339
or 2339A but also to the conduct of harboring an individual who commits a
terrorism offense, i.e., one of the offenses listed in 18 U.S.C. 2339 or
2339A or an offense involving or intending to promote a federal crime of
terrorism, as defined in 18 U.S.C. 2332b(g)(5). Proposed Amendment (Part
IC): Section 2X3.1 is amended by striking subsection (a) and inserting the
following: ``(a) Base Offense Level: (1) Six levels lower than the offense
level for the underlying offense, except as provided in subdivisions (2)
and (3). (2) The base offense level under this guideline shall be not less
than level 4. (3)(A) The base offense level under this guideline shall be
not more than level 30, except as provided in subdivision (B). (B) In any
case in which the conduct is limited to harboring a fugitive, other than a
case described in subdivision (C), the base offense level under this
guideline shall not be more than level 20. (C) The limitation in
subdivision (B) shall not apply in any case in which (i) the defendant is
convicted under 18 U.S.C. 2339 or 2339A; or (ii) the conduct involved (I)
harboring a person who committed any offense listed in 18 U.S.C. 2339 or
2339A or who committed any offense involving or intending to promote a
federal crime of terrorism, as defined in 18 U.S.C. 2332b(g)(5); or (II)
obstructing the investigation of, or committing perjury with respect to,
any offense described in subdivision (I). In such a case, the base offense
level under this guideline shall be not more than level 30, as provided in
subdivision (A).''.
Patriot Act Games.
http://cryptome.org/ussc121802.txt
