80 FR 48957 - Final Priorities for Amendment Cycle

UNITED STATES SENTENCING COMMISSION

Federal Register Volume 80, Issue 157 (August 14, 2015)

In June 2015, the Commission published a notice of possible policy priorities for the amendment cycle ending May 1, 2016. See 80 FR 36594 (June 25, 2015). 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.

[Federal Register Volume 80, Number 157 (Friday, August 14, 2015)]
[Notices]
[Pages 48957-48958]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20109]


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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 2015, the Commission published a notice of possible 
policy priorities for the amendment cycle ending May 1, 2016. See 80 FR 
36594 (June 25, 2015). 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 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.
    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, 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 
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) 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.
    (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 (C) 
consideration of any amendments to the Guidelines Manual that may be 
appropriate in light of the information obtained from such study.
    (6) Continuation of its multi-year review of federal sentencing 
practices pertaining to imposition and violations of conditions of 
probation and supervised release, including possible

[[Page 48958]]

consideration of amending the relevant provisions in Chapters Five and 
Seven of the Guidelines Manual.
    (7) 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.
    (8) 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.
    (9) Study of animal fighting offenses and consideration of any 
amendments to the Guidelines Manual that may be appropriate.
    (10) 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).
    (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, United States Sentencing Commission.
[FR Doc. 2015-20109 Filed 8-13-15; 8:45 am]
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