[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)]
[Notices]
[Pages 58004-58005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20245]
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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 2016, the Commission published a notice of possible
policy priorities for the amendment cycle ending May 1, 2017. See 81 FR
37241 (June 9, 2016). 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: Christine Leonard, Director, Office of
Legislative and Public Affairs, (202) 502-4500, [email protected].
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).
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
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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, 2017. 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, 2017. Accordingly, it may be necessary to continue work on any
or all of these issues beyond the amendment cycle ending on May 1,
2017.
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 multi-year examination of the overall
structure of the guidelines post-Booker, possibly including
recommendations to Congress on any statutory changes and development of
any guideline amendments that may be appropriate. As part of this
examination, the Commission intends to study possible approaches to (A)
simplify the operation of the guidelines, promote proportionality, and
reduce sentencing disparities; and (B) appropriately account for the
defendant's role, culpability, and relevant conduct.
(3) Continuation of its study of approaches to encourage the use of
alternatives to incarceration.
(4) 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.
(5) 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 promote
effectiveness of reentry programs; and (C) 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 findings and recommendations contained in the May
2016 Report issued by the Commission's Tribal Issues Advisory Group,
and consideration of any amendments to the Guidelines Manual that may
be appropriate in light of the information obtained from such study.
(7) Study of the treatment of youthful offenders under the
Guidelines Manual.
(8) Examination of Chapter Four, Part A (Criminal History) to (A)
study the treatment of revocation sentences under Sec. 4A1.2(k), and
(B) consider a possible amendment of Sec. 4A1.3 (Departures Based on
Inadequacy of Criminal History Category (Policy Statement)) to account
for instances in which the time actually served was substantially less
than the length of the sentence imposed for a conviction counted under
the Guidelines Manual.
(9) Study of offenses involving MDMA/Ecstasy, synthetic
cannabinoids (such as JWH-018 and AM-2201), and synthetic cathinones
(such as Methylone, MDPV, and Mephedrone), and consideration of any
amendments to the Guidelines Manual that may be appropriate in light of
the information obtained from such study.
(10) Possible consideration of whether the weapon enhancement in
Sec. 2D1.1(b)(1) should be amended to conform to the ``safety valve''
provision at 18 U.S.C. 3553(f) and Sec. 5C1.2 (Limitation on
Applicability of Statutory Minimum Sentences in Certain Cases).
(11) Study of environmental offenses involving knowing endangerment
resulting from mishandling hazardous or toxic substances, pesticides,
or other pollutants, and consideration of any amendments to the
Guidelines Manual that may be appropriate in light of the information
obtained from such study.
(12) Implementation of the Bipartisan Budget Act of 2015, Public
Law 114-74, and any other crime legislation enacted during the 114th or
115th Congress warranting a Commission response.
(13) 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.
(14) Consideration of any miscellaneous guideline application
issues coming to the Commission's attention from case law and other
sources, including possible consideration of whether a defendant's
denial of relevant conduct should be considered in determining whether
a defendant has accepted responsibility for purposes of Sec. 3E1.1.
Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and
Procedure 5.2.
Patti B. Saris,
Chair.
[FR Doc. 2016-20245 Filed 8-23-16; 8:45 am]
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