00-4294 U.S. v. Kosmel

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“Kosmel turns to … a proposed amendment to the Sentencing Guidelines. The Sentencing Commission recently published on its website a proposed amendment to the money laundering guideline and explained that the amendment would tie offense levels for money laundering more closely to the underlying criminal conduct. The proposal creates two categories for determining base offense levels. For direct money launderers (such as in this case), the sentencing court should set ‘the base offense level at the offense level in Chapter Two (Offense Conduct) for the underlying offense.’ See http://www.ussc.gov/2001guid/userfriendly2001.pdf , at 155. However, while it is true that the proposed amendment reflects a desire to tie offense levels to a defendant’s underlying conduct, this Circuit affords little weight to proposed amendments, see United States v. Perez, 249 F.3d 583, 584 (7th Cir. 2001), because ‘proposals to amend the Guidelines do not invariably lead to amendments – they must first be promulgated and then left undisturbed by Congress – and judges must apply the Guidelines in force when a defendant is sentenced.’ Id. This is particularly true when Congress has rejected a similar amendment in the recent past.

See Griffith, 85 F.3d at 289. Until the Sentencing Commission formally enacts the amendment, it is simply a proposal, and we decline to adopt it as the law of this Circuit.”

Affirmed.

Appeal from the United States District Court for the Central District of Illinois, McDade, J., Flaum, J.