[Federal Register Volume 78, Number 162 (Wednesday, August 21, 2013)]
[Notices]
[Pages 51820-51821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20356]
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UNITED STATES SENTENCING COMMISSION
Sentencing Guidelines for United States Courts
AGENCY: United States Sentencing Commission.
ACTION: Notice of final priorities.
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SUMMARY: In May 2013, the Commission published a notice of possible
policy priorities for the amendment cycle ending May 1, 2014. See 78 FR
32533 (May 30, 2013). 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, [email protected].
SUPPLEMENTARY INFORMATION: The United States Sentencing Commission is
an independent commission 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
[[Page 51821]]
of May each year pursuant to 28 U.S.C. 994(p).
Pursuant to 28 U.S.C. 994(g), the Commission intends to consider
the issue of reducing costs of incarceration and overcapacity of
prisons, to the extent it is relevant to any identified priority.
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, 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
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 inSec. 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, with
respect to the Commission's December 2012 report to Congress, titled
The Continuing Impact of United States v. Booker on Federal Sentencing,
and development of 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 statutory and guideline
definitions relating to the nature of a defendant's prior conviction
(e.g., ``crime of violence,'' ``aggravated felony,'' ``violent
felony,'' and ``drug trafficking offense'') and the impact of such
definitions on the relevant statutory and guideline provisions (e.g.,
career offender, illegal reentry, and armed career criminal), 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) 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.
(10) Implementation of the Violence Against Women Reauthorization
Act of 2013, Pub. L. 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) Consideration of 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. 2013-20356 Filed 8-20-13; 8:45 am]
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