Vol. 36, Number 8—August 2004

USSC Chair A Recess Appointment

On July 30, 2004, President George W. Bush announced his intention to recess appoint Judge Ricardo H. Hinojosa (S. D. Tex.) to chair the U.S. Sentencing Commission. Hinojosa, a member of the Commission since May 2003, was nominated to be chairman on February 23, 2004. The Constitution provides that recess appointments "shall expire at the end of their next session," unless Congress consents to the nomination.

The U.S. Sentencing Commission is composed of two non-voting commissioners and seven voting commissioners. One voting commissioner position is vacant. On October 31, 2003, the terms of Commissioner Michael E. O'Neill, and two Vice Chairs, Judge Ruben Castillo (N.D. Ill.) and Chief Judge William K. Sessions III, (D. Vt.) expired. President Bush nominated all three for reappointment, but only Sessions has been confirmed. Castillo and O'Neill continue to serve until Congress adjourns sine die or new Commissioners are appointed.