80 FR 48957 - Final Priorities for Amendment Cycle

UNITED STATES SENTENCING COMMISSION

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

Page Range		48957-48958
FR Document		2015-20109

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 Issue 157 (Friday, August 14, 2015)

[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]
 BILLING CODE 2210-40-P

Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Notices 48957

Current Actions: There are no changes UNITED STATES SENTENCING Penalties in the Federal Criminal Justice
to the total burden previously approved COMMISSION System, including its recommendations
for this collection. However, updates are regarding the severity and scope of
being requested to the estimated number Final Priorities for Amendment Cycle mandatory minimum penalties,
of respondents/recordkeepers and the consideration of expanding the ‘‘safety
AGENCY: United States Sentencing
estimated time per response to be more valve’’ at 18 U.S.C. 3553(f), and
Commission.
consistent with taxpayer timeframes. elimination of the mandatory ‘‘stacking’’
ACTION: Notice of final priorities. of penalties under 18 U.S.C. 924(c), and
We are making this submission for
renewal purposes. SUMMARY: In June 2015, the Commission to develop appropriate guideline
Type of Review: Extension of a published a notice of possible policy amendments in response to any related
currently approved collection. priorities for the amendment cycle legislation.
Affected Public: Business or other for- ending May 1, 2016. See 80 FR 36594 (2) Continuation of its multi-year
profit organizations. (June 25, 2015). After reviewing public examination of the overall structure of
Estimated Number of Respondents/ comment received pursuant to the the guidelines post-Booker, possibly
Recordkeepers: 18. notice of proposed priorities, the including recommendations to Congress
Estimated Time per Response: 729 Commission has identified its policy on any statutory changes and
hours, 40 minutes. development of any guideline
priorities for the upcoming amendment
amendments that may be appropriate.
Estimated Total Annual Burden cycle and hereby gives notice of these
As part of this examination, the
Hours: 13,134. policy priorities.
Commission intends to study possible
The following paragraph applies to all FOR FURTHER INFORMATION CONTACT:
approaches to (A) simplify the operation
the collections of information covered Jeanne Doherty, Public Affairs Officer, of the guidelines, promote
by this notice. 202–502–4502, jdoherty@ussc.gov. proportionality, and reduce sentencing
The following paragraph applies to all SUPPLEMENTARY INFORMATION: The disparities, (B) appropriately account for
of the collections of information covered United States Sentencing Commission is the defendant’s role, culpability, and
by this notice: an independent agency in the judicial relevant conduct, and (C) encourage the
An agency may not conduct or branch of the United States use of alternatives to incarceration.
sponsor, and a person is not required to Government. The Commission (3) Continuation of its multi-year
respond to, a collection of information promulgates sentencing guidelines and study of statutory and guideline
unless the collection of information policy statements for federal sentencing definitions relating to the nature of a
displays a valid OMB control number. courts pursuant to 28 U.S.C. 994(a). The defendant’s prior conviction (e.g.,
Books or records relating to a Commission also periodically reviews ‘‘crime of violence,’’ ‘‘aggravated
collection of information must be and revises previously promulgated felony,’’ ‘‘violent felony,’’ ‘‘drug
retained as long as their contents may guidelines pursuant to 28 U.S.C. 994(o) trafficking offense,’’ and ‘‘felony drug
become material in the administration and submits guideline amendments to offense’’) and the impact of such
of any internal revenue law. Generally, the Congress not later than the first day definitions on the relevant statutory and
tax returns and tax return information of May each year pursuant to 28 U.S.C. guideline provisions (e.g., career
are confidential, as required by 26 994(p). offender, illegal reentry, and armed
U.S.C. 6103. Pursuant to 28 U.S.C. 994(g), the career criminal), possibly including
Request for Comments: Comments Commission intends to consider the recommendations to Congress on any
submitted in response to this notice will issue of reducing costs of incarceration statutory changes that may be
be summarized and/or included in the and overcapacity of prisons, to the appropriate and development of
request for OMB approval. All extent it is relevant to any identified guideline amendments that may be
comments will become a matter of priority. appropriate.
public record. Comments are invited on: As part of its statutory authority and (4) Continuation of its study of the
(a) Whether the collection of responsibility to analyze sentencing guidelines applicable to immigration
information is necessary for the proper issues, including operation of the offenses and related criminal history
performance of the functions of the federal sentencing guidelines, the rules, and consideration of any
agency, including whether the Commission has identified its policy amendments to such guidelines that
information shall have practical utility; priorities for the amendment cycle may be appropriate in light of the
(b) the accuracy of the agency’s estimate ending May 1, 2016. The Commission information obtained from such study.
of the burden of the collection of recognizes, however, that other factors, (5) Continuation of its comprehensive,
information; (c) ways to enhance the such as the enactment of any legislation multi-year study of recidivism,
quality, utility, and clarity of the requiring Commission action, may affect including (A) examination of
information to be collected; (d) ways to the Commission’s ability to complete circumstances that correlate with
minimize the burden of the collection of work on any or all of its identified increased or reduced recidivism; (B)
information on respondents, including priorities by the statutory deadline of possible development of
through the use of automated collection May 1, 2016. Accordingly, it may be recommendations for using information
techniques or other forms of information necessary to continue work on any or all obtained from such study to reduce
technology; and (e) estimates of capital of these issues beyond the amendment costs of incarceration and overcapacity
of prisons; and (C) consideration of any
asabaliauskas on DSK5VPTVN1PROD with NOTICES

or start-up costs and costs of operation, cycle ending on May 1, 2016.
maintenance, and purchase of services As so prefaced, the Commission has amendments to the Guidelines Manual
to provide information. identified the following priorities: that may be appropriate in light of the
(1) Continuation of its work with information obtained from such study.
Approved: August 10, 2015. Congress and other interested parties on (6) Continuation of its multi-year
Christie Preston, statutory mandatory minimum penalties review of federal sentencing practices
IRS, Reports Clearance Officer. to implement the recommendations set pertaining to imposition and violations
[FR Doc. 2015–20089 Filed 8–13–15; 8:45 am] forth in the Commission’s 2011 report to of conditions of probation and
BILLING CODE 4830–01–P Congress, titled Mandatory Minimum supervised release, including possible

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Document Created: 2018-02-23 10:58:38
Document Modified: 2018-02-23 10:58:38

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of final priorities.
Contact		Jeanne Doherty, Public Affairs Officer, 202-502-4502, [email protected]
FR Citation		80 FR 48957