[Federal Register Volume 77, Number 164 (Thursday, August 23, 2012)]
[Notices]
[Page 51113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20791]
-----------------------------------------------------------------------
UNITED STATES SENTENCING COMMISSION
Sentencing Guidelines for United States Courts
AGENCY: United States Sentencing Commission.
ACTION: Notice of final priorities.
-----------------------------------------------------------------------
SUMMARY: In May 2012, the Commission published a notice of possible
policy priorities for the amendment cycle ending May 1, 2013. See 77 FR
31069 (May 24, 2012). After reviewing public comment received pursuant
to the notice of proposed priorities, the Commission has identified its
policy priorities for the upcoming amendment cycle and hereby gives
notice of these policy priorities.
FOR FURTHER INFORMATION CONTACT: Jeanne Doherty, Public Affairs
Officer, 202-502-4502.
SUPPLEMENTARY INFORMATION: The United States Sentencing Commission is
an independent agency in the judicial branch of the United States
Government. The Commission promulgates sentencing guidelines and policy
statements for federal sentencing courts pursuant to 28 U.S.C. 994(a).
The Commission also periodically reviews and revises previously
promulgated guidelines pursuant to 28 U.S.C. 994(o) and submits
guideline amendments to the Congress not later than the first day of
May each year pursuant to 28 U.S.C. 994(p).
As part of its statutory authority and responsibility to analyze
sentencing issues, including operation of the federal sentencing
guidelines, the Commission has identified its policy priorities for the
amendment cycle ending May 1, 2013. The Commission recognizes, however,
that other factors, such as the enactment of any legislation requiring
Commission action, may affect the Commission's ability to complete work
on any or all of its identified priorities by the statutory deadline of
May 1, 2013. Accordingly, it may be necessary to continue work on any
or all of these issues beyond the amendment cycle ending on May 1,
2013.
As so prefaced, the Commission has identified the following
priorities:
(1) Continuation of its work with Congress and other interested
parties on statutory mandatory minimum penalties to implement the
recommendations set forth in the Commission's 2011 report to Congress,
titled Mandatory Minimum Penalties in the Federal Criminal Justice
System, and to develop appropriate guideline amendments in response to
any related legislation.
(2) Continuation of its work with the congressional, executive, and
judicial branches of government, and other interested parties, to study
the manner in which United States v. Booker, 543 U.S. 220 (2005), and
subsequent Supreme Court decisions have affected federal sentencing
practices, the appellate review of those practices, and the role of the
federal sentencing guidelines. The Commission anticipates that it will
issue a report with respect to its findings, possibly including (A) an
evaluation of the impact of those decisions on the federal sentencing
guideline system; (B) recommendations for legislation regarding federal
sentencing policy; (C) an evaluation of the appellate standard of
review applicable to post-Booker federal sentencing decisions; and (D)
possible consideration of amendments to the federal sentencing
guidelines. The Commission also intends to work with the judicial
branch and other interested parties to develop enhanced methods for
collecting and disseminating information and data about the use of
variances and the specific reasons for imposition of such sentences
under 18 U.S.C. 3553(a).
(3) Continuation of its review of child pornography offenses and
report to Congress as a result of such review. It is anticipated that
any such report would include (A) a review of the incidence of, and
reasons for, departures and variances from the guideline sentence; (B)
a compilation of studies on, and analysis of, recidivism by child
pornography offenders; and (C) possible recommendations to Congress on
any statutory and/or guideline changes that may be appropriate.
(4) Continuation of its work on economic crimes, including (A) a
comprehensive, multi-year study of Sec. 2B1.1 (Theft, Property
Destruction, and Fraud) and related guidelines, including examination
of the loss table and the definition of loss, and (B) consideration of
any amendments to such guidelines that may be appropriate in light of
the information obtained from such study.
(5) Continuation of its multi-year study of the statutory and
guideline definitions of ``crime of violence'', ``aggravated felony'',
``violent felony'', and ``drug trafficking offense'', possibly
including recommendations to Congress on any statutory changes that may
be appropriate and development of guideline amendments that may be
appropriate in response to any related legislation.
(6) Undertaking a comprehensive, multi-year study of recidivism,
including (A) examination of circumstances that correlate with
increased or reduced recidivism; (B) possible development of
recommendations for using information obtained from such study to
reduce costs of incarceration and overcapacity of prisons; and (C)
consideration of any amendments to the Guidelines Manual that may be
appropriate in light of the information obtained from such study.
(7) Resolution of circuit conflicts, pursuant to the Commission's
continuing authority and responsibility, under 28 U.S.C. 991(b)(1)(B)
and Braxton v. United States, 500 U.S. 344 (1991), to resolve
conflicting interpretations of the guidelines by the federal courts.
(8) Implementation of the Food and Drug Administration Safety and
Innovation Act, Public Law 112-144, and any other crime legislation
enacted during the 111th or 112th Congress warranting a Commission
response.
(9) Consideration of (A) whether any amendments to the Guidelines
Manual may be appropriate in light of Setser v. United States, 132 S.
Ct. 1463, ---- U.S. ---- (March 28, 2012); and
(B) any miscellaneous guideline application issues coming to the
Commission's attention from case law and other sources.
Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and
Procedure 5.2.
Patti B. Saris,
Chair.
[FR Doc. 2012-20791 Filed 8-22-12; 8:45 am]
BILLING CODE 2211-40-P