81 FR 37241 - Proposed Priorities for Amendment Cycle

UNITED STATES SENTENCING COMMISSION

Federal Register Volume 81, Issue 111 (June 9, 2016)

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, 2017.

[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Notices]
[Pages 37241-37242]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13681]


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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, 2017.

DATES: Public comment should be received by the Commission on or before 
July 25, 2016.

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: 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 extent it is relevant to any identified priority.
    The Commission provides this notice to identify tentative 
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 
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; and (B) appropriately account for the 
defendant's role, culpability, and relevant conduct.
    (3) Continuation of its study of approaches to encourage use of 
alternatives to incarceration, including possible consideration of 
amending the Sentencing Table in Chapter 5, Part A to consolidate and/
or expand Zones A, B, and C, and any other relevant provisions in the 
Guidelines Manual.
    (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, including possible amendments to Chapter Five, Part 
H.
    (8) Study of the operation of Chapter Four, Part A of the 
Guidelines Manual, including (A) the feasibility and appropriateness of 
using the amount of time served by an offender, as opposed to the 
sentence imposed, for purposes of calculating criminal history under 
Chapter Four; and (B) the treatment of revocation sentences under Sec.  
4A1.2(k).
    (9) Study of offenses involving 3,4-Methylenedioxy-N-
methylcathinone (Methylone) and consideration of any amendments to the 
Guidelines Manual that may be appropriate in light of the information 
obtained from such study.
    (10) 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.
    (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

[[Page 37242]]

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.
    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, 2017. 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. 2016-13681 Filed 6-8-16; 8:45 am]
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