81 FR 58004 - Final Priorities for Amendment Cycle

UNITED STATES SENTENCING COMMISSION

Federal Register Volume 81, Issue 164 (August 24, 2016)

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.

[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)]
[Notices]
[Pages 58004-58005]
From the Federal Register Online  [www.thefederalregister.org]
[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

[[Page 58005]]

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]
 BILLING CODE 2210-40-P