600 Pennsylvania Avenue, SE Suite 450 Washington, DC 20003 Deborah Dubow Press [email protected] (202) 621-6927 Director of Regulatory Affairs www.aspca.org July 27, 2015 The Honorable Patti B. Saris, U.S. Sentencing Commission One Columbus Circle, NE, Suite 2-500 Washington, DC, 20002-8002 Subject: Animal fighting guideline on proposed priority list Dear Judge Saris: On behalf of the ASPCA, I thank the Commission for considering the animal fighting penalty guideline as a priority for the 2015/2016 amendment cycle. We heard from over 5,000 of our members in support of the Commission’s proposal to examine and amend the animal fighting sentencing guideline. We submit those comments here as an attachment. Animal fighting is a uniquely brutal crime which may involve hundreds of victims. The perpetrators are dangerous criminals commonly involved in crimes related to drugs, weapons, illegal gambling, and money laundering. Amending the animal fighting guideline would ensure that prosecutors pursue animal fighting charges vigorously and that the sentences handed down reflect the scale and cruelty of these crimes. The current animal fighting sentencing guideline should reflect the maximum penalty of five years authorized by Congress. The Commission last addressed the guidelines for animal fighting offenses in 2008 after passage of the Animal Fighting Prohibition Enforcement Act of 2007, which made animal fighting in violation of 7 U.S.C. §2156 a felony offense with a maximum penalty of three years. Congress then raised the statutory maximum penalty to five years’ imprisonment in the 2008 Farm Bill in response to the horrific and highly publicized Michael Vick dog fighting case. In the 2014 Farm Bill, Congress once again expressed its intolerance for this crime, making attending an animal fight anywhere in the U.S. a federal offense and imposing additional penalties for bringing a child under 16 years old to an animal fight. The current sentencing guidelines have not incorporated these changes and so do not reflect the heightened seriousness with which Congress, the public, and many judges view the heinous crime of animal fighting. Thank you very much for including the animal fighting guideline on your list of proposed priorities. We urge the Commission to examine and strengthen this section of the guidelines in the coming year. Please let us know how we can support this effort. Sincerely, Deborah Dubow Press Director of Regulatory Affairs First Name Last Name State User Comment Form letter submitted by all commenters: Elly McCreary OH Dear Commissioners, Joanna Landrum TN Last year we had to give up our American Bulldog puppy because of her aggression towards our other dog. It was an I write to thank you for considering an amendment to incredibly emotional and hard process, but we put her up for the animal fighting guidelines in your 2015/2016 sale for 200 dollars and a lady came to our house to take her, amendment cycle. I urge you to act this cycle to update claiming she didn't have the money to pay for her but would the guidelines to better reflect the maximum prison take her for free. She didn't want her AKC papers, and she even sentence of 5 years prescribed by Congress in 2008. took the harness and leash with her. She claimed she would stay in touch -- also said that she had 3 houses and a boat. She Federal judges defer to the sentencing guidelines when took our dog away from us as I was crying and flipped her. We faced with unfamiliar crimes like dog fighting so your believed her at first but then quickly realized that she was a dog action is critical to ensure that these crimes are flipper and had found other reports of her online doing the sentenced appropriately and deterred as much as same thing. I think that it's horrible to have dogs treated possible. unfairly like that and especially with fighting them. It's just Elly McCreary OH horrific. Thank you very much for your consideration of this Lauren Dickerson VA important issue. Irina Temnikova TX Vickie Tupen AZ Cynthia Rohman WA Valerie Beverly NC Margaret McGinnis MA Julia Cranmer NJ Sandy Westphal KY Melissa Wales NY Dee Aranza FL Those whom engage in animal fighting seem to be among the Internatural Alinement NM lowest and most horrible people. angie martinez OR stop this abuse now! Please give the maximum sentence of 5 years (wish it could be longer) as prescribed by Congress and supported by Americans for all involved with animal fighting, which is a despicable Teresa Harris KS crime. jill hodson OH Margaret Hetherly TX I write to thank you for considering an amendment to the animal fighting guidelines in your 2015/16 amendment cycle. I urge you to act this cycle to update the guidelines to better reflect the maximum prison sentence of 5 years prescribed by Congress in 2008. The emotionally and physically painful and existence and death of animals made to fight each other, when they are not in any way inclined to do so, is ghastly. Federal judges defer to the sentencing guidelines when faced with unfamiliar crimes, like dog fighting, so your action is critical to ensure that the crimes are sentenced appropriately and Pat Mencke AZ deterred as much as possible. Patrick Loumagne PA UNFORTUNATELY ANIMAL CRUELTY IS WITH US IN MANY TERRIBLE WAYS, BUT IF WE CAN ADDRESS THIS ISSUE WITH GREATER ENFORCEMENT AND PENALTY, IT WOULD BE A GREAT STEP FORWARD. PLEASE TAKE THE STEPS NECESSARY TO RE- ENFORCE THESE LAWS AND PENALTIES. WITH HOPE FOR A GARRINE PETERSEN CA KINDER TOMORROW.....MRS. GARRINE PETERSEN People that engage in this horrific act of cruelty have no heart, no conscious and no morals. They deserve to be punished to the fullest. A message should be sent that this cruelty to our AngelaRose Canneto CT animal friends will not be tolerated. Thank you. Janine Lasker NY This horrific practice should end right now. It's amazing that in America mistreat animals so much. THE UNITED STATES OF AMERICA should lead INTERNATIONAL LAWS TO PROTECT NANCY SHARFF SC THEIR ANIMALS. Having been in companion rescue for over thirty years, I have seen and clearly understand how important it is to ensure that animal fighting crimes are punished with appropriate sentencing. Animal fighting is a cruelty issue and individuals who participate are a danger to animals and to society. This Barbara Vinson TX issue must be treated with the seriousness that it deserves. We are the voice for these animals. We must protect them. Implementing and enforcing the maximum sentence is absolutely crucial. We must do everything in our power to stop Kimberly Rorick-Lewis NY animal abusers. Michelle Nuss PA Andrew Shymkiw GA Pauline Serritelli CA With animals that help us humans in a lot of ways we should be able to keep these offenders where they belong & for a longer period of time. I consider my dog my friend-companion & protector. I am definitely pro for amending a stricter result for Barbara Stansbury MD these offenders. Susan Hayes WA kennie mclaughlin WA Dear Commissioners, I write to thank you for considering an amendment to the animal fighting guidelines in your 2015/2016 amendment cycle. I urge you to act this cycle to update the guidelines to better reflect the maximum prison sentence of 5 years prescribed by Congress in 2008. Federal judges defer to the sentencing guidelines when faced with unfamiliar crimes like dog fighting so your action is critical to ensure that these crimes are sentenced appropriately and deterred as much as possible. Just because we (humans) feel as though all other life on this planet is beneath us, does not mean that we have the right to treat them in cruel and evil manner. That goes for the food we eat as well; chickens, hows, pigs, etc. deserve to live a good, safe and loving life while in our care. Just because we will eventually be eating them does not mean they should not be cared for. If it is illegal to treat a human in a certain manner, then that same courtesy should be extended to all life on this planet. If we do not provide the best care possible, then we are just evil! Thank you very much for your consideration of this Wendy Elkins KS important issue. Andrew Shymkiw GA Susan Hayes WA _ Wendy Elkins KS kurtney pla NC Punishment should fit d crime' no more' no less. jane nachbar NJ Sheika Arias CO I believe 10 years jail time is a more fitting punishment. The brutality, complete disregard for life and totally inhumane treatment of the animals speaks for itself. Please help animals and make this a sentence that the monsters who participate in MARY ROJESKI CA this form of entertainment will maybe think twice about! Commissioners, Those who willfully choose to engage in any aspect of animal abuse are beyond self-regulation and conscience. This abhorrent behavior is criminal and those who engage in it must be taken to task. These animals are innocent and treated with miserable cruelty that cannot be tolerated. All those involved deserve to be punished through monetary means and prison time if there is to be any hope of curtailing such behavior. I therefore urge you, with a most heavy heart to act nobly and just and do all you can to establish legal, enforceable laws to deter and halt the very egregious practice of engaging in any aspect of animal fighting. We trust that you will act justly and from the heart to protect those who have no voice and no choice.