Motion for a Sentencing Reduction Pursuant to the New Amendment 821 — No. 1:21-CR-0054-RDB-2 (Dkt. 320, D. Md.)

Summary

Eghosasere Avboraye-Igninedion filed this motion in United States v. Avboraye-Igninedion, No. 1:21-CR-0054-RDB-2 in the District of Maryland, dated July 11, 2025 and docketed on July 22, 2025. The motion asks for a sentence reduction under Amendment 821 to the Sentencing Guidelines and 18 U.S.C. 3582(c)(2), and for appointment of counsel under the Criminal Justice Act. It states the defendant was convicted in June 2023 on count 1 under 18 USC 1349 and count 4 under 18 USC 1341, and sentenced in September of 2023 to 66 months. Most of the 22-page filing reproduces the text of Amendment 821, including its status-points change and its adjustment for certain zero-point offenders, effective November 1, 2023, and the Criminal Justice Act.

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Case 1:21-cr-00054-RDB Document 320 Filed 07/22/25 Page 1 of 22

5 FIL

TRULINCS 36233509 - AVBORAYE-IGNINEDION, EGHOS - Unit: SCH-E-B — togaey ENTERED

JUL 2 2 2925
FROM: 36233509 sens
TO: Len; AT BALTIMORE
DATE: 07/11/2025 12:07:22 PM BY ,

DEPUTY

UNITED STATES DISTRICT COURT OF MARYLAND,
CASE NUMBER, 1:21-CR-0054-RDB-2

UNITED STATES OF AMERICA,
PLAINTIFF,

EGHOSASERE AVBORAYE-IGNINEDION
DEFENDANT,

MOTION FOR A SENTENCING REDUCTION PURSUANT

TO THE NEW AMENDMENT 821, 18 USC 2582(c)(2)

AND APPOINT COUNSEL PURSUANT TO THE CJA 3006A

ACT

Background Mr. was convicted in June 2023 and was sentence on September of 2023 for 18 USC 1349 on count 1
and 18:USC 1341 on count 4 and was sentence to 66 months in United States District Court of Maryland.
Mr. Avboraye-Ignined-Eghosasere ask this court for a sentencing Reduction Pursuant to the New Amendment 821,and
18:USC 3582(c)(2) and appoint counsel Pursuant to CJA 3006A ACT and all statements in the Motion is true to the
best of my knowledge Pursuant to Rule 28: USC 1746.
Respectfully Submitted

[ARGUMENT]
Case 1:21-cf-00054-RDB Document 320 Filed 07/22/25 Page 2 of 22

Effective Date: The effective date of this amendment is November 1, 2023.

AMENDMENT 821
Amendment:

Part A (Status Points under §4A1.1)

The Commentary to §2P1.1 captioned “Application Notes” is amended in Note 5 by striking “§4A1.1(d)”

and inserting “§4A1.1(e)”.
Section 4A1.1 is amended—
by striking subsection (d) as follows:

“(d) Add 2 points if the defendant committed the instant offense while under any criminal
justice sentence, including probation, parole, supervised release, imprisonment,
work release, or escape status.”;

by redesignating subsection (e) as subsection (d);
and by inserting at the end the following new subsection (e):

“(e) Add 1 point if the defendant (1) receives 7 or more points under subsections (a)
through (d), and (2) committed the instant offense while under any criminal justice
sentence, including probation, parole, supervised release, imprisonment, work
release, or escape status.”.

The Commentary to §4A1.1 captioned “Application Notes” is amended— by
striking Note 4 as follows:

“4. §4A1.1(d). Two points are added if the defendant committed any part of the instant
offense (i.e., any relevant conduct) while under any criminal justice sentence,
including probation, parole, supervised release, imprisonment, work release, or
escape status. Failure to report for service of a sentence of imprisonment is to be
treated as an escape from such sentence. See §4A1.2(n). For the purposes of this
subsection, a ‘criminal jus- tice sentence’ means a sentence countable under
§4A1.2 (Definitions and Instructions for Computing Criminal History) having a
custodial or supervisory component, alt- hough active supervision is not required
for this subsection to apply. For example, a term of unsupervised probation would
be included; but a sentence to pay a fine, by itself, would not be included. A
defendant who commits the instant offense while a violation warrant from a prior
sentence is outstanding (e.g., a probation, parole, or supervised release violation
warrant) shall be deemed to be under a criminal justice

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Case 1:21-cr-00054-RDB Document 320 Filed 07/22/25 Page 3 of 22

sentence for the purposes of this provision if that sentence is otherwise countable,
even if that sentence would have expired absent such warrant. See §4A1.2(m).”;

by redesignating Note 5 as Note 4;

in Note 4 (as so redesignated) by striking “§4A1.1(e)” each place such term appears and insert- ing

and by inserting at the end the following new note 5:

“5. §4A1.1(e). One point is added if the defendant (1) receives 7 or more points under

§4A1.1(a) through (d), and (2) committed any part of the instant offense (/.e., any
rele- vant conduct) while under any criminal justice sentence, including probation,
parole, supervised release, imprisonment, work release, or escape status. Failure
to report for service of a sentence of imprisonment is to be treated as an escape
from such sentence. See §4A1.2(n). For the purposes of this subsection, a
‘criminal justice sentence’ means a sentence countable under §4A1.2 (Definitions
and Instructions for Computing Crim- inal History) having a custodial or
supervisory component, although active supervision is not required for this
subsection to apply. For example, a term of unsupervised pro- bation would be
included; but a sentence to pay a fine, by itself, would not be included. A defendant
who commits the instant offense while a violation warrant from a prior sentence is
outstanding (e.g., a probation, parole, or supervised release violation war- rant)
shall be deemed to be under a criminal justice sentence for the purposes of this
provision if that sentence is otherwise countable, even if that sentence would have
expired absent such warrant. See §4A1.2(m).”.

The Commentary to §4A1.1 captioned “Background” is amended in the last paragraph by strik- ing
“Section 4A1.1(d) adds two points if the defendant was under a criminal justice sentence during any
part of the instant offense” and inserting “Section 4A1.1(e) adds one point if the defendant receives 7
or more points under §4A1.1(a) through (d) and was under a criminal justice sentence during any part
of the instant offense”.

Section 4A1.2 is amended—

in subsection (a)(2) by striking “§4A1.1(e)” and inserting “§4A1.1(d)”; in

subsection (m) by striking “§4A1.1(d)” and inserting “§4A1.1(e)"; in

subsection (n) by striking “§4A1.1(d)” and inserting “§4A1.1(e)”;

and in subsection (p) by striking “§4A1.1(e)” and inserting “§4A1.1(d)”.

Part B (Zero-Point Offenders)

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Subpart 1 (Adjustment for Certain Zero-Point Offenders)

Chapter Four is amended by inserting at the end the following new Part C:

“PART C - ADJUSTMENT FOR CERTAIN ZERO-POINT OFFENDERS

§4C1.1. Adjustment for Certain Zero-Point Offenders

(a) Adjustment.—lf the defendant meets all of the following criteria:

(1)

(2)

(3)

(8)

(9)

(10)

the defendant did not receive any criminal history points from
Chap- ter Four, Part A;

the defendant did not receive an adjustment under §3A1.4
(Terrorism);

the defendant did not use violence or credible threats of violence
in connection with the offense;

the offense did not result in death or serious bodily injury;
the instant offense of conviction is not a sex offense;
the defendant did not personally cause substantial financial hardship;

the defendant did not possess, receive, purchase, transport,
transfer, sell, or otherwise dispose of a firearm or other dangerous
weapon (or induce another participant to do so) in connection with
the offense;

the instant offense of conviction is not covered by §2H1.1
(Offenses In- volving Individual Rights);

the defendant did not receive an adjustment under §3A1.1 (Hate
Crime Motivation or Vulnerable Victim) or §3A1.5 (Serious Human
Rights Of- fense); and

the defendant did not receive an adjustment under §3B1.1
(Aggravat- ing Role) and was not engaged in a continuing criminal
enterprise, as defined in 21 U.S.C. § 848;

decrease the offense level determined under Chapters Two and Three by
2 lev- els.

(b) Definitions and Additional Considerations.—

(1)

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‘Dangerous weapon,’ ‘firearm,’ ‘offense,’ and ‘serious bodily injury’

and terms and conditions of the Matthew Bender Master Agreement.
Case 1:21-cr-00054-RDB Document 320 Filed 07/22/25 Page 5 of 22

have the meaning given those terms in the Commentary to §1B1.1
(Applica- tion Instructions).

(2) ‘Sex offense’ means (A) an offense, perpetrated against a minor,

under

(i) chapter 109A of title 18, United States Code; (ii) chapter 110 of
title 18, not including a recordkeeping offense; (iii) chapter 117 of
title 18, not including transmitting information about a minor or
filing a factual statement about an alien individual; or (iv) 18
U.S.C. § 1591; or (B) an attempt or a conspiracy to commit any
offense described in subpara- graphs (A)(i) through (iv) of this
definition.

(3) In determining whether the defendant's acts or omissions resulted
in ‘substantial financial hardship’ to a victim, the court shall
consider, among other things, the non-exhaustive list of factors
provided in Ap- plication Note 4(F) of the Commentary to §2B1.1
(Theft, Property De- struction, and Fraud).

Commentary
Application Notes:

1. Application of Subsection (a)(6).—The application of subsection (a)(6) is to be
deter- mined independently of the application of subsection (b)(2) of §2B1.1 (Theft, Property
Destruction, and Fraud).

2. Upward Departure.—An upward departure may be warranted if an adjustment
under this guideline substantially underrepresents the seriousness of the defendant's crimi- nal
history. For example, an upward departure may be warranted if the defendant has a prior
conviction or other comparable judicial disposition for an offense that involved violence or
credible threats of violence.”.

Subpart 2 (Implementation of 28 U.S.C. § 994(j))

The Commentary to §5C1.1 captioned “Application Notes” is amended—

by inserting at the beginning of Note 1 the following new heading: “Application of Subsec-
tion (a).—";

by inserting at the beginning of Note 2 the following new heading: “Application of Subsec-
tion (b).—";

by inserting at the beginning of Note 3 the following new heading: “Application of Subsec-
tion (c).—’;

by striking Note 4 as follows:

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“If the defendant is a nonviolent first offender and the applicable guideline range is in Zone A or B of
the Sentencing Table, the court should consider imposing a sentence other than a sen- tence of
imprisonment, in accordance with subsection (b) or (c)(3). See 28 U.S.C. § 994(j). For purposes of this
application note, a ‘nonviolent first offender’ is a defendant who has no prior convictions or other
comparable judicial dispositions of any kind and who did not use violence or credible threats of
violence or possess a firearm or other dangerous weapon in connection with the offense of conviction.
The phrase ‘comparable judicial dispositions of any kind’ in- cludes diversionary or deferred
dispositions resulting from a finding or admission of guilt or a plea of nolo contendere and juvenile
adjudications.”;

by redesignating Notes 5 through 10 as Notes 4 through 9, respectively;

by inserting at the beginning of Note 4 (as so redesignated) the following new heading:
“Appli- cation of Subsection (d).—”;

by inserting at the beginning of Note 5 (as so redesignated) the following new heading:
“Appli- cation of Subsection (e).—’;

by inserting at the beginning of Note 6 (as so redesignated) the following new heading:
“De- partures Based on Specific Treatment Purpose.—’,

by inserting at the beginning of Note 7 (as so redesignated) the following new heading:
“Use of Substitutes for Imprisonment.—’;

by inserting at the beginning of Note 8 (as so redesignated) the following new heading:
“Resi- dential Treatment Program.—’;

by inserting at the beginning of Note 9 (as so redesignated) the following new heading:
“Appli- cation of Subsection (f).—”;

and by inserting at the end the following new Note 10:
“10. Zero-Point Offenders.—

(A) Zero-Point Offenders in Zones A and B of the Sentencing Table.—lf the
defend- ant received an adjustment under §4C1.1 (Adjustment for Certain
Zero-Point Offenders) and the defendant's applicable guideline range is in
Zone A or B of the Sentencing Table, a sentence other than a sentence of
imprisonment, in accordance with subsection (b) or (c)(3), is generally
appropriate. See 28 U.S.C.

§ 994(j).

(B) Departure for Cases Where the Applicable Guideline Range Overstates the
Gravity of the Offense.—A departure, including a departure to a sentence
other than a sentence of imprisonment, may be appropriate if the
defendant received an adjustment under §4C1.1 (Adjustment for Certain

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Zero-Point Offenders) and the defendant's applicable guideline range
overstates the gravity of the offense because the offense of conviction is
not a crime of violence or an other- wise serious offense. See 28 U.S.C. §
994(j).”.

Subpart 3 (Additional Changes)

Chapter One, Part A is amended in Subpart 1(4)(d) (Probation and Split Sentences)— by
adding an asterisk after “community confinement or home detention.”;

by adding a second asterisk after “through departures.*”; and by

striking the following Note:

“*Note: Although the Commission had not addressed ‘single acts of aberrant behavior’ at the time the
Introduction to the Guidelines Manual originally was written, it subsequently ad- dressed the issue in
Amendment 603, effective November 1, 2000. (See USSG App. C, amend- ment 603.)”,

and inserting the following Notes:

“*Nlote: The Commission expanded Zones B and C of the Sentencing Table in 2010 to provide a
greater range of sentencing options to courts with respect to certain offenders. (See USSG App. C,
amendment 738.) In 2018, the Commission added a new application note to the Com- mentary to
§5C1.1 (Imposition of a Term of Imprisonment), stating that if a defendant is a ‘nonviolent first
offender and the applicable guideline range is in Zone A or B of the Sentencing Table, the court
should consider imposing a sentence other than a sentence of imprisonment.’ (See USSG App. C,
amendment 801.) In 2023, the Commission added a new Chapter Four guideline, at §4C1.1
(Adjustment for Certain Zero-Point Offenders), providing a decrease of 2 levels from the offense level
determined under Chapters Two and Three for ‘zero-point’ of- fenders who meet certain criteria. In
addition, the Commission further amended the Commen- tary to §5C1.1 to address the alternatives to
incarceration available to ‘zero-point’ offenders by revising the application note in §5C1.1 that
addressed ‘nonviolent first offenders’ to focus on ‘zero-point’ offenders. (See USSG App. C,
amendment 821.)

**Note: Although the Commission had not addressed ‘single acts of aberrant behavior’ at the time the
Introduction to the Guidelines Manual originally was written, it subsequently ad- dressed the issue in
Amendment 603, effective November 1, 2000. (See USSG App. C, amend- ment 603.)”.

Section 4A1.3(b)(2)(A) is amended by striking “A departure” and inserting “Unless otherwise specified,
a departure”.

The Commentary to §4A1.3 captioned “Application Notes” is amended in Note 3 by striking “due to the
fact that the lower limit of the guideline range for Criminal History Category | is set for a first offender
with the lowest risk of recidivism” and inserting “unless otherwise spec- ified”.

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Part C (Impact of Simple Possession of Marihuana Offenses)

The Commentary to §4A1.3 captioned “Application Notes”, as amended by Part B, Subpart 3 of this
amendment, is further amended in Note 3 by striking the following:

“Downward Departures.—A downward departure from the defendant’s criminal history cate- gory may
be warranted if, for example, the defendant had two minor misdemeanor convictions close to ten
years prior to the instant offense and no other evidence of prior criminal behavior in the intervening
period. A departure below the lower limit of the applicable guideline range for Criminal History
Category | is prohibited under subsection (b)(2)(A), unless otherwise spec- ified.”,

and inserting the following:
“Downward Departures.—

(A) Examples.—A downward departure from the defendant’s criminal history category
may be warranted based on any of the following circumstances:

(i) | The defendant had two minor misdemeanor convictions close to ten years
prior to the instant offense and no other evidence of prior criminal
behavior in the intervening period.

(ii) The defendant received criminal history points from a sentence for
possession of marihuana for personal use, without an intent to sell or
distribute it to an- other person.

(B) Downward Departures from Criminal History Category |.—A departure below the
lower limit of the applicable guideline range for Criminal History Category | is prohib- ited under
subsection (b)(2)(A), unless otherwise specified.”.

Reason for Amendment: This amendment is the result of several Commission studies re- garding
the nature of the criminal history of federal offenders, including analyses of the num- ber and types of
prior convictions included as criminal history and the ability of the criminal history rules to predict an
offender's likelihood of rearrest. While these studies continue to recognize the close association
between an offender’s criminal history calculation under the guidelines and the likelihood of future
recidivism, the amendment makes targeted changes to reduce the impact of providing additional
criminal history points for offenders under a criminal justice sentence (commonly known as “status
points”), to reduce recommended guideline ranges for offenders with zero criminal history points under
the guidelines (“zero-point offend-

ers”), and to recognize the changing legal landscape as it pertains to simple possession of ma-
rihuana offenses. These targeted amendments balance the Commission’s mission of imple- menting
data-driven sentencing policies with its duty to craft penalties that reflect the statu- tory purposes of
sentencing.

Part A — Status Points

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Part A of the amendment addresses “status points” for offenders, namely the additional crim- inal
history points given to offenders for the fact of having committed the instant offense while under a
criminal justice sentence, including probation, parole, supervised release, imprison- ment, work
release, or escape status. The amendment redesignates current subsection (d) of

§4A1.1, which addresses “status points,” as subsection (e) and redesignates current subsec- tion (e),
which addresses multiple crimes of violence treated as a single sentence, as subsec- tion (d). This
redesignation is made for ease of application.

Under the previous “status points” provision, two criminal history points were added under

§4A1.1(d) if the defendant committed the instant offense “while under any criminal justice sentence,
including probation, parole, supervised release, imprisonment, work release, or es- cape status.” The
amendment limits the overall criminal history impact of “status points” in two ways. First, as revised,
the “status points” provision under redesignated subsection (e) applies only to offenders with more
serious criminal histories under the guidelines by requiring that an offender have seven or more
criminal history points under subsections (a) through (d) in addition to having been under a criminal
justice sentence at the time of the instant offense. Offenders with six or fewer criminal history points
under subsections (a) through (d) will no longer receive “status points.” Second, the amendment also
reduces from two points to one point the “status points” assessed for offenders to whom the revised
provision applies. Part A of the amendment also makes conforming changes to the Commentary to
§4A1.1, §2P1.1 (Es- cape, Instigating or Assisting Escape), and §4A1.2 (Definitions and Instructions
for Computing Criminal History).

As part of its study of criminal history, the Commission found that “status points” are rela- tively
common in cases with at least one criminal history point, having been applied in 37.5 percent of cases
with criminal history points over the last five fiscal years. Of the offenders who received “status
points,” 61.5 percent had a higher Criminal History Category as a result of the addition of the “status
points.” The Commission also recently published a series of re- search reports regarding the
recidivism rates of federal offenders. See, e.g., U.S. SENT’G COmM’N, RECIDIVISM OF FEDERAL
OFFENDERS RELEASED IN 2010 (2021), available at
https://www.ussc.gov/research/research-reports/recidivism-federal-offenders-released-2010. These
reports again concluded that an offender's criminal history calculation under the guide- lines is strongly
associated with the likelihood of future recidivism by the defendant. In a re- lated publication, the
Commission also found, however, that status points add little to the overall predictive value associated
with the criminal history score. See U.S. SENT’G Comm’N, REVISITING STATUS POINTS (2022), available
at https://www.ussc.gov/research/research-re- ports/revisiting-status-points.

The Commission’s action to limit the impact of “status points” builds upon its tradition of data- driven
evolution of the guidelines. As described in the Introduction to Chapter Four, the orig- inal
Commission envisioned status points as “consistent with the extant empirical research assessing
correlates of recidivism and patterns of career criminal behavior” and therefore en- visioned “status
points” as being reflective of, among other sentencing goals, the increased likelihood of future
recidivism. See USSG Ch.4, Pt.A, intro. comment. The original Commission also explained, however,
that it would “review additional data insofar as they become available in the future.” The Commission's
recent research suggests that “status points” improve the

predictive value of the criminal history score less than the original Commission may have ex-
pected, suggesting that the treatment of “status points” under Chapter Four should be refined.

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Accordingly, the Commission determined that it was appropriate to address several concerns
regarding the scope and impact of status points. In taking these steps, the Commission ob- served
that the operation of the Guidelines Manual separately accounts for consecutive pun- ishment
imposed upon revocations of supervised release, a likely occurrence if an offender was under a
criminal justice sentence during the commission of another offense. The Commission further
recognized that it is also possible that an offender's criminal history score would be independently
increased as the result of additional time imposed as the result of a revocation of probation or
supervised release for the offense that also results in the addition of status points.

At the same time, by retaining “status points” for those offenders in higher criminal history categories,
the Commission continues to recognize that “status points,” like the other criminal history provisions in
Chapter Four, reflect and serve multiple purposes of sentencing, includ- ing the offender’s perceived
lack of respect for the law, as reflected both in the offender's overall criminal history and the fact that
the offender has reoffended while under a criminal justice sentence ordered by a court. See 18 U.S.C.

§ 3553(a)(2)(A)-(C).

The Commission concluded that accounting for status on a more limited basis continues to serve the
broader purposes of sentencing while also addressing other concerns raised regard- ing the impact of
status points.

Part B — Zero-Point Offenders

Part B of the amendment includes three subparts making changes pertaining to offenders who did not
receive any criminal history points from Chapter Four, Part A. Subpart 1 provides for an adjustment
for certain offenders with zero criminal history points. Subpart 2 revises §5C1.1 (Imposition of a Term
of Imprisonment) to implement the congressional directive at 28 U.S.C.

§ 994(j). Finally, Subpart 3 makes other conforming changes.

Subpart 1 — Adjustment for Certain Zero-Point Offenders

Subpart 1 of Part B of the amendment creates a new Chapter Four guideline at §4C1.1 (Ad- justment
for Certain Zero-Point Offenders). New §4C1.1 provides a decrease of two levels from the offense
level determined under Chapters Two and Three for offenders who did not receive any criminal history
points under Chapter Four, Part A and whose instant offense did not involve specified aggravating
factors. In establishing new §4C1.1, the Commission was in- formed by its studies of recidivism
among federal offenders, as well as other extensive data analyses of offenders with no criminal
history points, and public comment. The Sentencing Table in Chapter Five, Part A is divided into six
criminal history categories, from | (lowest) to VI (highest). Criminal History Category | includes
offenders with zero criminal history points and those with one criminal history point. Recidivism data
analyzed by the Commission shows, however, that offenders with zero criminal history points have
considerably lower re- cidivism rates than other offenders, including offenders with one criminal
history point. See U.S. SENT’G Comm'n, RECIDIVISM OF FEDERAL OFFENDERS RELEASED IN 2010 (2021),
avail-

able at https://www.ussc.gov/research/research-reports/recidivism-federal-offenders-released- 2010.
Among other findings, the report concluded that “zero-point offenders” were less likely to be rearrested
than “one point” offenders (26.8% compared to 42.3%), the largest variation of any comparison of
offenders within the same Criminal History Category.

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In promulgating this change, the Commission also considered the rates of departures and var- iances
in cases involving offenders with no criminal history points. The Commission has long

viewed the rates and extents of departures and variances from the applicable guideline ranges as a
feedback mechanism from the courts that a particular area of the guidelines may warrant further
review and possible amendment. In fiscal year 2021, 39.2 percent of offenders with zero criminal
history points received a sentence within the guidelines range; by comparison,

47.4 percent of offenders with one criminal history point were sentenced within the guideline range.
The Commission determined that the departure and variance rates for zero-point of- fenders, coupled
with its recidivism data, warranted action.

The amendment applies to offenders with no criminal history points, including (1) offenders with no
prior convictions; (2) offenders who have prior convictions that are not counted because those
convictions were not within the time limits set forth in subsection (d) and (e) of §4A1.2 (Definitions and
Instructions for Computing Criminal History); and (3) offenders who have prior convictions that are not
used in computing the criminal history category for reasons other than their “staleness” (e.g.,
sentences resulting from foreign or tribal court convictions, minor misdemeanor convictions, or
infractions). In adopting this definition of “zero-point offenders,” the Commission opted to hew to the
long-standing and carefully crafted criminal history rules set forth in Chapter Four, regarding which
prior convictions count for criminal history pur- poses and which do not. The Commission also
observed that attempts to exclude offenders with certain prior convictions could lead to increased
complexity and litigation and require the ad- ditional practical step of investigating prior unscorable
offenses for which records may not be readily available.

While determining that a reduction is appropriate for some offenders with zero criminal his- tory
points, the Commission also identified circumstances in which zero-point offenders are appropriately
excluded from eligibility in light of the seriousness of the instant offense of con- viction or the
existence of aggravating factors in the instant offense (e.g., where the offender used violence or
credible threats of violence in connection with the offense or where the instant offense of conviction
was a “sex offense”). The exclusionary criteria identified by the Commis- sion were again informed by
extensive data analyses and public comment. The Commission was also informed by existing
legislation, including the congressionally established criteria for the statutory safety valve at 18 U.S.C.
§ 3553(f) and the recent firearms legislation set forth in the Bipartisan Safer Communities Act.

Subpart 2 — Implementation of 28 U.S.C. § 994(j)

Subpart 2 of Part B of the amendment revises the Commentary to §5C1.1 (Imposition of a Term of
Imprisonment) that addresses “nonviolent first offenders.” New Application Note 10(A) provides that if
the defendant received an adjustment under new §4C1.1 and the defendant’s applicable guideline
range is in Zone A or B of the Sentencing Table, a sentence other than a sentence of imprisonment, in
accordance with subsection (b) or (c)(3), is generally appropriate. New Application Note 10(B) adds a
corresponding departure provision providing that a departure, including a departure to a sentence
other than a sentence of imprisonment, may be appropriate if the offender received an adjustment
under new §4C1.1 and the applica- ble guideline range overstates the gravity of the offense because
the offense of conviction is not a crime of violence or an otherwise serious offense.

The changes to the Commentary to §5C1.1 respond to Congress’s directive to the Commission at 28

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U.S.C. § 994(j), directing the Commission to ensure that the guidelines reflect the general
appropriateness of imposing a sentence other than imprisonment in cases in which the defend- ant is
a first offender who has not been convicted of a crime of violence or an otherwise serious offense.
The Commission determined that the revised commentary serves Congress's intent in promulgating
section 994(j) while providing appropriate limitations and guidance through re- liance on the criteria set
forth in new §4C1.1 and the specific statutory language set forth in section 994()).

Subpart 3 — Additional Changes

Subpart 3 of Part B of the amendment makes a corresponding change to subsection (b)(2)(A) of
§4A1.3 (Departures Based on Inadequacy of Criminal History Category (Policy Statement)) to provide
that a departure below the lower limit of the applicable guideline range for Criminal History Category |
is prohibited, “unless otherwise specified.” The amendment also revises an explanatory note in
Chapter One, Part A, Subpart 1(4)(d) (Probation and Split Sentences) to detail amendments to the
Guidelines Manual related to the implementation of 28 U.S.C.

§ 994(j), first offenders, and “zero-point offenders.”

Part C — Impact of Simple Possession of Marihuana Offenses

Part C of the amendment revises the Commentary to §4A1.3 (Departures Based on Inadequacy of
Criminal History Category (Policy Statement)) to include sentences resulting from posses- sion of
marihuana offenses as an example of when a downward departure from the defendant's criminal
history may be warranted. Specifically, Part C provides that a downward departure may be warranted
if the defendant received criminal history points from a sentence for pos- session of marihuana for
personal use, without an intent to sell or distribute it to another person. Most commenters, including
the Department of Justice, supported this change. See Letter from Jonathan J. Wroblewski, Dir., Crim.
Div., U.S. Dep't of Just., to Hon. Carlton
W. Reeves, Chair, U.S. Sent’g Comm'n (Feb. 27, 2023), in U.S. SENT’G CoMmM'N,
2022-2023 AMENDMENT CYCLE PROPOSED AMENDMENTS/PUBLIC COMMENT (2023); see also
U.S. SENT’G ComM’N, 2022-2023 AMENDMENT CYCLE PROPOSED AMENDMENTS/PUBLIC
COMMENT (2023)
(providing numerous public comment supporting the amendment).

The Commission also relied upon its recently published report on the impact of simple
posses- sion of marihuana offenses on sentencing. See U.S. SENT’G ComM'N, WEIGHING
THE IMPACT OF SIMPLE POSSESSION OF MARIJUANA: TRENDS AND SENTENCING IN THE FEDERAL
SYSTEM (2023),
available at https://www.ussc.gov/research/research-reports/weighing-impact-simple-posses-
sion-marijuana. In that study, the Commission found that 4,405 federal offenders (8.0%) re- ceived
criminal history points under the federal sentencing guidelines for prior marihuana possession
sentences in fiscal year 2021. Most such prior sentences were for state court con- victions resulting in
less than 60 days in prison or non-custodial sentences. The Commission also found informative that
ten percent (10.2%) of these 4,405 offenders had no other criminal history points, and that for 40
percent (40.1%) of the 4,405 offenders (1,765), the criminal his- tory points for prior marihuana
possession sentences resulted in a higher Criminal History Category.

Effective Date: The effective date of this amendment is November 1, 2023.

ucsent wt

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§ 3006A. Adequate representation of defendants

(a) Choice of plan. Each United States district court, with the approval of the judicial
council of the circuit, shall place in operation throughout the district a plan for furnishing
representation for any person financially unable to obtain adequate representation in accordance
with this section. Representation under each plan shall include counsel and investigative, expert,
and other services necessary for adequate representation. Each plan shall provide the following:

(1) Representation shall be provided for any financially eligible person who—
(A) is charged with a felony or a Class A misdemeanor;

(B) is a juvenile alleged to have committed an act of juvenile delinquency as
defined in section 5031 of this title [18 USCS § 5031];

(E) is charged with a violation of supervised release or faces modification,
reduction, or enlargement of a condition, or extension or revocation of a term of supervised
release;

(F) is subject to a mental condition hearing under chapter 313 of this title [18
USCS 8§§ 4241 et seq.];

(G) is in custody as a material witness;

(H) is entitled to appointment of counsel under the sixth amendment to the
Constitution;

(I) faces loss of liberty in a case, and Federal law requires the appointment of
counsel; or

(J) is entitled to the appointment of counsel under section 4109 of this title [18
USCS § 4109].

(2) Whenever the United States magistrate [United States magistrate judge] or the court
determines that the interests of justice so require, representation may be provided for any
financially eligible person who—

USCS 13

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Case 1:21-cr-00054-RDB Document 320 Filed 07/22/25 Page 14 of 22

(A) is charged with a Class B or C misdemeanor, or an infraction for which a
sentence to confinement is authorized; or

(B) is seeking relief under section 2241, 2254, or 2255 of title 28 [28 USCS §
2241, 2254, or 2255].

(3) Private attorneys shall be appointed in a substantial proportion of the cases. Each plan
may include, in addition to the provisions for private attorneys, either of the following or both:

(A) Attorneys furnished by a bar association or a legal aid agency.

(B) Attorneys furnished by a defender organization established in accordance with
the provisions of subsection (g).

Prior to approving the plan for a district, the judicial council of the circuit shall supplement the
plan with provisions for representation on appeal. The district court may modify the plan at any
time with the approval of the judicial council of the circuit. It shall modify the plan when directed
by the judicial council of the circuit. The district court shall notify the Administrative Office of the
United States Courts of any modification of its plan.

(b) Appointment of counsel. Counsel furnishing representation under the plan shall be
selected from a panel of attorneys designated or approved by the court, or from a bar association,
legal aid agency, or defender organization furnishing representation pursuant to the plan. In every
case in which a person entitled to representation under a plan approved under subsection (a) and
appears without counsel, the United States magistrate [United States magistrate judge] or the
court shall advise the person that he has the right to be represented by counsel and that counsel
will be appointed to represent him if he is financially unable to obtain counsel. Unless the person
waives representation by counsel, the United States magistrate [United States magistrate judge]
or the court, if satisfied after appropriate inquiry that the person is financially unable to obtain
counsel, shall appoint counsel to represent him. Such appointment may be made retroactive to
include any representation furnished pursuant to the plan prior to appointment. The United States
magistrate [United States magistrate judge] or the court shall appoint separate counsel for persons
having interests that cannot properly be represented by the same counsel, or when other good
cause is shown.

(c) Duration and substitution of appointments. A person for whom counsel is appointed
shall be represented at every stage of the proceedings from his initial appearance before the
United States magistrate [United States magistrate judge] or the court through appeal, including
ancillary matters appropriate to the proceedings. If at any time after the appointment of counsel
the United States magistrate [United States magistrate judge] or the court finds that the person is

and terms and conditions of the Matthew Bender Master Agreement.
Case 1:21-cr-00054-RDB Document 320 Filed 07/22/25 Page 15 of 22

financially able to obtain counsel or to make partial payment for the representation, it may
terminate the appointment of counsel or authorize payment as provided in subsection (f), as the
interests of justice may dictate. If at any stage of the proceedings, including an appeal, the United
States magistrate [United States magistrate judge] or the court finds that the person is financially
unable to pay counsel whom he had retained, it may appoint counsel as provided in subsection (b)
and authorize payment as provided in subsection (d), as the interests of justice may dictate. The
United States magistrate [United States magistrate judge] or the court may, in the interests of
justice, substitute one appointed counsel for another at any stage of the proceedings.

(d) Payment for representation.

(1) Hourly rate. Any attorney appointed pursuant to this section, or the attorney’s law
firm, or a bar association or legal aid agency or community defender organization which has
provided the appointed attorney shall, at the conclusion of the representation or any segment
thereof, be compensated at a rate not exceeding $60 per hour for time expended in court or
before a United States magistrate [United States magistrate judge] and $40 per hour for time
reasonably expended out of court, unless the Judicial Conference determines that a higher rate of
not in excess of $75 per hour is justified for a circuit or for particular districts within a circuit, for
time expended in court or before a United States magistrate [judge] and for time expended out of
court. The Judicial Conference shall develop guidelines for determining the maximum hourly rates
for each circuit in accordance with the preceding sentence, with variations by district, where
appropriate, taking into account such factors as the minimum range of the prevailing hourly rates
for qualified attorneys in the district in which the representation is provided and the
recommendations of the judicial councils of the circuits. Not less than 3 years after the effective
date of the Criminal Justice Act Revision of 1986, the Judicial Conference is authorized to raise
the maximum hourly rates specified in this paragraph up to the aggregate of the overall average
percentages of the adjustments in the rates of pay under the General Schedule made pursuant to
section 5305 of title 5 on or after such effective date. After the rates are raised under the
preceding sentence, such maximum hourly rates may be raised at intervals of not less than | year
each, up to the aggregate of the overall average percentages of such adjustments made since the
last raise was made under this paragraph. Attorneys may be reimbursed for expenses reasonably
incurred, including the costs of transcripts authorized by the United States magistrate [United
States magistrate judge] or the court, and the costs of defending actions alleging malpractice of
counsel in furnishing representational services under this section. No reimbursement for expenses
in defending against malpractice claims shall be made if a judgment of malpractice is rendered
against the counsel furnishing representational services under this section. The United States
magistrate or the court shall make determinations relating to reimbursement of expenses under
this paragraph.

USCS 1A

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Case 1:21-cr-00054-RDB Document 320 Filed 07/22/25 Page 16 of 22

(2) Maximum amounts. For representation of a defendant before the United States
magistrate [United States magistrate judge] or the district court, or both, the compensation to be
paid to an attorney, or the attorney’s law firm, or to a bar association or legal aid agency or
community defender organization shall not exceed $7,000 for each attorney in a case in which one
or more felonies are charged, and $2,000 for each attorney in a case in which only misdemeanors
are charged. For representation of a defendant in an appellate court, the compensation to be paid
to an attorney, or the attorney’s law firm, or to a bar association or legal aid agency or community
defender organization shall not exceed $5,000 for each attorney in each court. For representation
of a petitioner in a non-capital habeas corpus proceeding, the compensation for each attorney shall
not exceed the amount applicable to a felony in this paragraph for representation of a defendant
before a judicial officer of the district court. For representation of such petitioner in an appellate
court, the compensation for each attorney shall not exceed the amount applicable for
representation of a defendant in an appellate court. For representation of an offender before the
United States Parole Commission in a proceeding under section 4106A of this title [18 USCS §
4106A], the compensation shall not exceed $1,500 for each attorney in each proceeding; for
representation of an offender in an appeal from a determination of such Commission under such
section, the compensation shall not exceed $5,000 for each attorney in each court. For any other
representation required or authorized by this section, the compensation shall not exceed $1,500
for each attorney in each proceeding. The compensation maximum amounts provided in this
paragraph shall increase simultaneously by the same percentage, rounded to the nearest multiple
of $100, as the aggregate percentage increases in the maximum hourly compensation rate paid
pursuant to paragraph (1) for time expended since the case maximum amounts were last adjusted.

(3) Waiving maximum amounts. Payment in excess of any maximum amount provided in
paragraph (2) of this subsection may be made for extended or complex representation whenever
the court in which the representation was rendered, or the United States magistrate [United States
magistrate judge] if the representation was furnished exclusively before him, certifies that the
amount of the excess payment is necessary to provide fair compensation and the payment is
approved by the chief judge of the circuit. The chief judge of the circuit may delegate such
approval authority to an active or senior circuit judge.

(4) Disclosure of fees.

(A) In general. Subject to subparagraphs (B) through (E), the amounts paid under
this subsection for services in any case shall be made available to the public by the court upon the
court’s approval of the payment.

(B) Pre-trial or trial in progress. If a trial is in pre-trial status or still in progress
and after considering the defendant’s interests as set forth in subparagraph (D), the court shall—

USCS $6

Page 17 of 22

(i) redact any detailed information on the payment voucher provided by

defense counsel to justify the expenses to the court; and

(ii) make public only the amounts approved for payment to defense counsel

by dividing those amounts into the following categories:
(1) Arraignment and or plea.
(II) Bail and detention hearings.
(IIT) Motions.
(IV) Hearings.
(V) Interviews and conferences.
(VI) Obtaining and reviewing records.
(VII) Legal research and brief writing.
(VII) Travel time.
(IX) Investigative work.
(X) Experts.
(XI) Trial and appeals.
(XII) Other.

(i) In general. If a request for payment is not submitted until after the
completion of the trial and subject to consideration of the defendant’s interests as set forth in
subparagraph (D), the court shall make available to the public an unredacted copy of the expense

voucher.

(ii) Protection of the rights of the defendant. If the court determines that
defendant’s interests as set forth in subparagraph (D) require a limited disclosure, the court shall

disclose amounts as provided in subparagraph (B).

(D) Considerations. The interests referred to in subparagraphs (B) and (C) are—

(i) to protect any person’s 5th amendment right against self-incrimination;

USCS 7]

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Case 1:21-cr-00054-RDB Document 320 Filed 07/22/25 Page 18 of 22

(ii) to protect the defendant’s 6th amendment rights to effective assistance
of counsel;

(iii) the defendant’s attorney-client privilege;
(iv) the work product privilege of the defendant’s counsel;
(v) the safety of any person; and

(vi) any other interest that justice may require, except that the amount of
the fees shall not be considered a reason justifying any limited disclosure under section
3006A(d)(4) of title 18, United States Code [18 USCS § 3006A(d)(4)].

(E) Notice. The court shall provide reasonable notice of disclosure to the counsel
of the defendant prior to the approval of the payments in order to allow the counsel to request
redaction based on the considerations set forth in subparagraph (D). Upon completion of the trial,
the court shall release unredacted copies of the vouchers provided by defense counsel to justify
the expenses to the court. If there is an appeal, the court shall not release unredacted copies of the
vouchers provided by defense counsel to justify the expenses to the court until such time as the
appeals process is completed, unless the court determines that none of the defendant’s interests
set forth in subparagraph (D) will be compromised.

(F) Effective date. The amendment made by paragraph (4) shall become effective
60 days after enactment of this Act [enacted Nov. 26, 1997], will apply only to cases filed on or
after the effective date, and shall be in effect for no longer than 24 months after the effective date.

(5) Filing claims. A separate claim for compensation and reimbursement shall be made to
the district court for representation before the United States magistrate [United States magistrate
judge] and the court, and to each appellate court before which the attorney provided
representation to the person involved. Each claim shall be supported by a sworn written statement
specifying the time expended, services rendered, and expenses incurred while the case was
pending before the United States magistrate [United States magistrate judge] and the court, and
the compensation and reimbursement applied for or received in the same case from any other
source. The court shall fix the compensation and reimbursement to be paid to the attorney, or the
attorney’s law firm or to the bar association or legal aid agency or community defender
organization which provided the appointed attorney. In cases where representation is furnished
exclusively before a United States magistrate [United States magistrate judge], the claim shall be
submitted to him and he shall fix the compensation and reimbursement to be paid. In cases where
representation is furnished other than before the United States magistrate [United States
magistrate judge], the district court, or an appellate court, claims shall be submitted to the district

USCS ‘9

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Case 1:21-cr-00054-RDB Document 320 Filed 07/22/25 Page 19 of 22

court which shall fix the compensation and reimbursement to be paid.

(6) New trials. For purposes of compensation and other payments authorized by this
section, an order by a court granting a new trial shall be deemed to initiate a new case.

(7) Proceedings before appellate courts. If a person for whom counsel is appointed under
this section appeals to an appellate court or petitions for a writ of certiorari, he may do so without
prepayment of fees and costs or security therefor and without filing the affidavit required by
section 1915(a) of title 28 [28 USCS § 1915(a)].

(e) Services other than counsel.

(1) Upon request. Counsel for a person who is financially unable to obtain investigative,
expert, or other services necessary for adequate representation may request them in an ex parte
application. Upon finding, after appropriate inquiry in an ex parte proceeding, that the services are
necessary and that the person is financially unable to obtain them, the court, or the United States
magistrate [United States magistrate judge] if the services are required in connection with a
matter over which he has jurisdiction, shall authorize counsel to obtain the services.

(2) Without prior request.

(A) Counsel appointed under this section may obtain, subject to later review,
investigative, expert, and other services without prior authorization if necessary for adequate
representation. Except as provided in subparagraph (B) of this paragraph, the total cost of
services obtained without prior authorization may not exceed $800 and expenses reasonably
incurred.

(B) The court, or the United States magistrate [United States magistrate judge] (if
the services were rendered in a case disposed of entirely before the United States magistrate
[United States magistrate judge]), may, in the interest of justice, and upon the finding that timely
procurement of necessary services could not await prior authorization, approve payment for such
services after they have been obtained, even if the cost of such services exceeds $800.

(3) Maximum amounts. Compensation to be paid to a person for services rendered by him
to a person under this subsection, or to be paid to an organization for services rendered by an
employee thereof, shall not exceed $2,400, exclusive of reimbursement for expenses reasonably
incurred, unless payment in excess of that limit is certified by the court, or by the United States
magistrate [United States magistrate judge] if the services were rendered in connection with a
case disposed of entirely before him, as necessary to provide fair compensation for services of an
unusual character or duration, and the amount of the excess payment is approved by the chief
judge of the circuit. The chief judge of the circuit may delegate such approval authority to an

USCS | q

and terms and conditions of the Matthew Bender Master Agreement.
Case 1:21-cr-00054-RDB Document 320 Filed 07/22/25 Page 20 of 22

active or senior circuit judge.

(4) Disclosure of fees. The amounts paid under this subsection for services in any case
shall be made available to the public.

(5) The dollar amounts provided in paragraphs (2) and (3) shall be adjusted simultaneously
by an amount, rounded to the nearest multiple of $100, equal to the percentage of the cumulative
adjustments taking effect under section 5303 of title 5 [5 USCS § 5303] in the rates of pay under
the General Schedule since the date the dollar amounts provided in paragraphs (2) and (3),
respectively, were last enacted or adjusted by statute.

(f) Receipt of other payments. Whenever the United States magistrate [United States
magistrate judge] or the court finds that funds are available for payment from or on behalf of a
person furnished representation, it may authorize or direct that such funds be paid to the
appointed attorney, or the attorney’s law firm, to the bar association or legal aid agency or
community defender organization which provided the appointed attorney, to any person or
organization authorized pursuant to subsection (e) to render investigative, expert, or other
services, or to the court for deposit in the Treasury as a reimbursement to the appropriation,
current at the time of payment, to carry out the provisions of this section. Except as so authorized
or directed, no such person or organization may request or accept any payment or promise of
payment for representing a defendant.

(g) Defender organization.

(1) Qualifications. A district or a part of a district in which at least two hundred persons
annually require the appointment of counsel may establish a defender organization as provided for
either under subparagraphs (A) or (B) of paragraph (2) of this subsection or both. Two adjacent
districts or parts of districts may aggregate the number of persons required to be represented to
establish eligibility for a defender organization to serve both areas. In the event that adjacent
districts or parts of districts are located in different circuits, the plan for furnishing representation
shall be approved by the judicial council of each circuit.

(2) Types of defender organizations.

(A) Federal Public Defender Organization. A Federal Public Defender
Organization shall consist of one or more full-time salaried attorneys. An organization for a
district or part of a district or two adjacent districts or parts of districts shall be supervised by a
Federal Public Defender appointed by the court of appeals of the circuit, without regard to the
provisions of title 5 governing appointments in the competitive service, after considering
recommendations from the district court or courts to be served. Nothing contained herein shall be
deemed to authorize more than one Federal Public Defender within a single judicial district. The

USCS HO

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Case 1:21-cr-00054-RDB Document 320 Filed 07/22/25 Page 21 of 22

Federal Public Defender shall be appointed for a term of four years, unless sooner removed by the
court of appeals of the circuit for incompetency, misconduct in office, or neglect of duty. Upon
the expiration of his term, a Federal Public Defender may, by a majority vote of the judges of the
court of appeals, continue to perform the duties of his office until his successor is appointed, or
until one year after the expiration of such Defender’s term, whichever is earlier. The
compensation of the Federal Public Defender shall be fixed by the court of appeals of the circuit at
a rate not to exceed the compensation received by the United States Attorney for the District
where representation is furnished or, if two districts or parts of districts are involved, the
compensation of the higher paid United States attorney of the districts. The Federal Public
Defender may appoint, without regard to the provisions of title 5 governing appointments in the
competitive service, full-time attorneys in such number as may be approved by the court of
appeals of the circuit and other personnel in such number as may be approved by the Director of
the Administrative Office of the United States Courts. Compensation paid to such attorneys and
other personnel of the organization shall be fixed by the Federal Public Defender at a rate not to
exceed that paid to attorneys and other personnel of similar qualifications and experience in the
Office of the United States attorney in the district where representation is furnished or, if two
districts or parts of districts are involved, the higher compensation paid to persons of similar
qualifications and experience in the districts. Neither the Federal Public Defender nor any attorney
so appointed by him may engage in the private practice of law. Each organization shall submit to
the Director of the Administrative Office of the United States Courts, at the time and in the form
prescribed by him, reports of its activities and financial position and its proposed budget. The
Director of the Administrative Office shall submit, in accordance with section 605 of title 28 [28
USCS § 605], a budget for each organization for each fiscal year and shall out of the
appropriations therefor make payments to and on behalf of each organization. Payments under
this subparagraph to an organization shall be in lieu of payments under subsection (d) or (e).

(B) Community Defender Organization. A Community Defender Organization
shall be a nonprofit defense counsel service established and administered by any group authorized
by the plan to provide representation. The organization shall be eligible to furnish attorneys and
receive payments under this section if its bylaws are set forth in the plan of the district or districts
in which it will serve. Each organization shall submit to the Judicial Conference of the United
States an annual report setting forth its activities and financial position and the anticipated
caseload and expenses for the next fiscal year. Upon application an organization may, to the
extent approved by the Judicial Conference of the United States:

(i) receive an initial grant for expenses necessary to establish the
organization; and

(ii) in lieu of payments under subsection (d) or (e), receive periodic

USCS a |

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sustaining grants to provide representation and other expenses pursuant to this section.

(3) Malpractice and negligence suits. The Director of the Administrative Office of the
United States Courts shall, to the extent the Director considers appropriate, provide
representation for and hold harmless, or provide liability insurance for, any person who is an
officer or employee of a Federal Public Defender Organization established under this subsection,
or a Community Defender Organization established under this subsection which is receiving
periodic sustaining grants, for money damages for injury, loss of liberty, loss of property, or
personal injury or death arising from malpractice or negligence of any such officer or employee in
furnishing representational services under this section while acting within the scope of that
person’s office or employment.

(h) Rules and reports. Each district court and court of appeals of a circuit shall submit a
report on the appointment of counsel within its jurisdiction to the Administrative Office of the
United States Courts in such form and at such times as the Judicial Conference of the United
States may specify. The Judicial Conference of the United States may, from time to time, issue
rules and regulations governing the operation of plans formulated under this section.

(i) Appropriations. There are authorized to be appropriated to the United States courts, out
of any money in the Treasury not otherwise appropriated, sums necessary to carry out the
provisions of this section, including funds for the continuing education and training of persons
providing representational services under this section. When so specified in appropriation acts,
such appropriations shall remain available until expended. Payments from such appropriations
shall be made under the supervision of the Director of the Administrative Office of the United
States Courts.

(j) Districts included. As used in this section, the term “district court” means each district
court of the United States created by chapter 5 of title 28 [28 USCS §§ 81 et seq.], the District
Court of the Virgin Islands, the District Court for the Northern Mariana Islands, and the District
Court of Guam.

(k) Applicability in the District of Columbia. The provisions of this section shall apply in
the United States District Court for the District of Columbia and the United States Court of
Appeals for the District of Columbia Circuit. The provisions of this section shall not apply to the
Superior Court of the District of Columbia and the District of Columbia Court of Appeals.

HISTORY:

Added Aug. 20, 1964, P. L. 88-455, § 2, 78 Stat. 552; Oct. 17, 1968, P. L. 90-578, Title III, §
301(a)(1), 82 Stat. 1115; Oct. 14, 1970, P. L. 91-447, § 1, 84 Stat. 916; Sept. 3, 1974, P. L.
93-412, § 3, 88 Stat. 1093; April 2, 1982, P. L. 97-164, Title II, Part C, § 206(a), (b), 96 Stat.
53; Oct. 12, 1984, P. L. 98-473, Title I, Ch II, § 223(e), Ch IV, § 405, Ch XIX, § 1901, 98 Stat.

and terms and conditions of the Matthew Bender Master Agreement.

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