[Federal Register Volume 78, Number 104 (Thursday, May 30, 2013)]
[Notices]
[Pages 32533-32534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12865]
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UNITED STATES SENTENCING COMMISSION
Sentencing Guidelines for United States Courts
AGENCY: United States Sentencing Commission.
ACTION: Notice of proposed priorities. Request for public comment.
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SUMMARY: As part of its statutory authority and responsibility to
analyze sentencing issues, including operation of the federal
sentencing guidelines, and in accordance with Rule 5.2 of its Rules of
Practice and Procedure, the United States Sentencing Commission is
seeking comment on possible priority policy issues for the amendment
cycle ending May 1, 2014.
DATES: Public comment should be received on or before July 15, 2013.
[[Page 32534]]
ADDRESSES: Send comments to: United States Sentencing Commission, One
Columbus Circle NE., Suite 2-500, South Lobby, Washington, DC 20002-
8002, Attention: Public Affairs--Priorities Comment.
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).
The Commission provides this notice to identify tentative
priorities for the amendment cycle ending May 1, 2014. 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, 2014. Accordingly, it may be necessary
to continue work on any or all of these issues beyond the amendment
cycle ending on May 1, 2014.
As so prefaced, the Commission has identified the following
tentative 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, including its recommendations regarding the severity and scope
of mandatory minimum penalties, consideration of expanding the ``safety
valve'' at 18 U.S.C. 3553(f), and elimination of the mandatory
``stacking'' of penalties under 18 U.S.C. 924(c), and to develop
appropriate guideline amendments in response to any related
legislation.
(2) Review, and possible amendment, of guidelines applicable to
drug offenses, including possible consideration of amending the Drug
Quantity Table in Sec. 2D1.1 (Unlawful Manufacturing, Importing,
Exporting, or Trafficking (Including Possession with Intent to Commit
These Offenses); Attempt or Conspiracy) across drug types.
(3) Continuation of its work with the congressional, executive, and
judicial branches of government, and other interested parties, to
implement the recommendations set forth in the Commission's December
2012 report to Congress, titled The Continuing Impact of United States
v. Booker on Federal Sentencing, and develop appropriate guideline
amendments in response to any related legislation.
(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.
(6) Continuation of its 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) Undertaking a multi-year review of federal sentencing practices
pertaining to violations of conditions of probation and supervised
release, including possible consideration of amending the policy
statements in Chapter Seven of the Guidelines Manual.
(8) Possible consideration of amending the policy statement
pertaining to ``compassionate release,'' Sec. 1B1.13 (Reduction in
Term of Imprisonment as a Result of Motion by Director of Bureau of
Prisons).
(9) Review, and possible amendment, of guidelines applicable to
firearms offenses.
(10) Implementation of the Violence Against Women Reauthorization
Act of 2013, Public Law 113-4, and any other crime legislation enacted
during the 112th or 113th Congress warranting a Commission response.
(11) 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.
(12) Continuation of its work with Congress and other interested
parties on child pornography offenses to implement the recommendations
set forth in the Commission's December 2012 report to Congress, titled
Federal Child Pornography Offenses, and to develop appropriate
guideline amendments in response to any related legislation.
(13) Consideration of any miscellaneous guideline application
issues coming to the Commission's attention from case law and other
sources.
The Commission hereby gives notice that it is seeking comment on
these tentative priorities and on any other issues that interested
persons believe the Commission should address during the amendment
cycle ending May 1, 2014. To the extent practicable, public comment
should include the following: (1) A statement of the issue, including,
where appropriate, the scope and manner of study, particular problem
areas and possible solutions, and any other matters relevant to a
proposed priority; (2) citations to applicable sentencing guidelines,
statutes, case law, and constitutional provisions; and (3) a direct and
concise statement of why the Commission should make the issue a
priority.
Pursuant to 28 U.S.C. 994(g), the Commission also invites public
comment that addresses the issue of reducing costs of incarceration and
overcapacity of prisons, to the extent it is relevant to a proposed
priority.
Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and
Procedure 5.2.
Patti B. Saris,
Chair.
[FR Doc. 2013-12865 Filed 5-29-13; 8:45 am]
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