80 FR 36594 - Proposed Priorities for Amendment Cycle

UNITED STATES SENTENCING COMMISSION

Federal Register Volume 80, Issue 122 (June 25, 2015)

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, 2016.

[Federal Register Volume 80, Number 122 (Thursday, June 25, 2015)]
[Notices]
[Pages 36594-36595]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15622]


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UNITED STATES SENTENCING COMMISSION


Proposed Priorities for Amendment Cycle

AGENCY: United States Sentencing Commission.

ACTION: Notice; 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, 2016.

DATES: Public comment should be received on or before July 27, 2015.

ADDRESSES: Comments should be sent to the Commission by electronic mail 
or regular mail. The email address is [email protected]. The regular 
mail address is 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, [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 extent it is relevant to any identified priority.
    The Commission provides this notice to identify tentative 
priorities for the amendment cycle ending May 1, 2016. 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, 2016. Accordingly, it may be necessary 
to continue work on any or all of these issues beyond the amendment 
cycle ending on May 1, 2016.
    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) 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, (B) appropriately account for the 
defendant's role, culpability, and relevant conduct, and (C) encourage 
the use of alternatives to incarceration.
    (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) Continuation of its 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.
    (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) 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.
    (8) 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.
    (9) Implementation of the USA FREEDOM Act of 2015, Public Law 114-
23, and any other crime legislation enacted during the 114th Congress 
warranting a Commission response.
    (10) Study of animal fighting offenses and consideration of any 
amendments to the Guidelines Manual that may be appropriate.
    (11) Resolution of circuit conflicts, pursuant to the Commission's 
continuing authority and responsibility,

[[Page 36595]]

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.

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, 2016. 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.

    Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and 
Procedure 5.2.

Patti B. Saris,
Chair.
[FR Doc. 2015-15622 Filed 6-24-15; 8:45 am]
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