[Federal Register Volume 79, Number 161 (Wednesday, August 20, 2014)]
[Notices]
[Pages 49378-49379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19766]
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UNITED STATES SENTENCING COMMISSION
Final Priorities for Amendment Cycle
AGENCY: United States Sentencing Commission.
ACTION: Notice of final priorities.
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SUMMARY: In June 2014, the Commission published a notice of possible
policy
[[Page 49379]]
priorities for the amendment cycle ending May 1, 2015. See 79 FR 31409
(June 2, 2014). 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 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, 2015. 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, 2015. Accordingly, it may be necessary to continue work on any
or all of these issues beyond the amendment cycle ending on May 1,
2015.
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) Continuation of its work on economic crimes, including (A) a
comprehensive, multi-year study of section 2B1.1 (Theft, Property
Destruction, and Fraud) and related guidelines, including examination
of the loss table, the definition of loss, and role in the offense; (B)
a study of offenses involving fraud on the market; and (C)
consideration of any amendments to such guidelines that may be
appropriate in light of the information obtained from such studies.
(3) 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,'' ``drug trafficking offense,'' and ``felony drug 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.
(4) Implementation of the directive to the Commission in section 10
of the Fair Sentencing Act of 2010, Public Law 111-220 (enacted August
3, 2010) (requiring the Commission, not later than 5 years after
enactment, to ``study and submit to Congress a report regarding the
impact of the changes in Federal sentencing law under this Act and the
amendments made by this Act'').
(5) Study of the operation of section 3B1.2 (Mitigating Role) and
related provisions in the Guidelines Manual (e.g., the ``mitigating
role cap'' in section 2D1.1(a)(5)), and consideration of any amendments
to the Guidelines Manual that may be appropriate in light of the
information obtained from such study.
(6) Study of the guidelines applicable to immigration offenses and
related criminal history rules, and consideration of any amendments to
such guidelines that may be appropriate in light of the information
obtained from such study.
(7) 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. The
Commission also intends to study risk assessment tools and their
various uses, possibly including development of recommendations about
the proper role of these tools.
(8) Continuation of its multi-year review of federal sentencing
practices pertaining to imposition and violations of conditions of
probation and supervised release, including possible consideration of
amending the relevant provisions in Chapters Five and Seven of the
Guidelines Manual.
(9) Continuation of its work with the legislative, 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.
(10) Beginning a multi-year effort to simplify the operation of the
guidelines, including an examination of (A) the overall structure of
the guidelines post-Booker, (B) cross references in the Guidelines
Manual, (C) the use of relevant conduct in offenses involving multiple
participants, (D) the use of acquitted conduct in applying the
guidelines, and (E) the use of departures.
(11) 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.
(12) Study of the availability of alternatives to incarceration.
(13) Implementation of any crime legislation enacted during the
113th Congress warranting a Commission response.
(14) 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.
(15) 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. 2014-19766 Filed 8-19-14; 8:45 am]
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