81 FR 58004 - Final Priorities for Amendment Cycle
UNITED STATES SENTENCING COMMISSION Federal Register Volume 81, Issue 164 (August 24, 2016)
Federal Register Volume 81, Issue 164 (August 24, 2016)
| Page Range | 58004-58005 | |
| FR Document | 2016-20245 |
[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] ----------------------------------------------------------------------- UNITED STATES SENTENCING COMMISSION Final Priorities for Amendment Cycle AGENCY: United States Sentencing Commission. ACTION: Notice of final priorities. ----------------------------------------------------------------------- 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
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the initial membership of the advisory and revises previously promulgated However, the terms of the initial
group under that charter. Under the guidelines pursuant to 28 U.S.C. 994(o) membership shall be staggered so that 3
charter, the advisory group will consist and submits guideline amendments to members serve a term of three years, 3
of no more than 9 members. Of those 9 the Congress not later than the first day members serve a term of two years, and
members, not more than 1 shall be a of May each year pursuant to 28 U.S.C. 3 members serve a term of one year.
Federal judge; 2 shall be from the 994(p). Under 28 U.S.C. 995 and Rule The Commission invites any
Executive Branch (one from the United 5.4 of the Commission’s Rules of individual who is eligible to be
States Department of Justice and one Practice and Procedure, the Commission appointed to the Federal judge
from the United States Department of may create standing or ad hoc advisory membership, the tribal court judge
the Interior); 1 shall be from a federal groups to facilitate formal and informal membership, or the at-large membership
public defender organization or input to the Commission. Upon creating of the Tribal Issues Advisory Group to
community defender organization; 1 an advisory group, the Commission may apply by sending a letter of interest and
shall be a tribal court judge; and not prescribe the policies regarding the a resume to the Commission as
more than 4 shall be at-large members. purpose, membership, and operation of indicated in the ADDRESSES section
To be eligible to serve as a member, an the group as the Commission deems above.
individual must have expertise, necessary or appropriate.
The Commission recently adopted a Authority: 28 U.S.C. 994(a), (o), (p), § 995;
knowledge, and/or experience in the
USSC Rules of Practice and Procedure 5.2,
issues considered by the Tribal Issues formal charter for the Tribal Issues
5.4.
Advisory Group. The Commission Advisory Group. Under the charter, the
hereby invites any individual who is purpose of the advisory group is: Patti B. Saris,
eligible to be appointed to the Federal (1) To assist the Commission in Chair.
judge membership, the tribal court judge carrying out its statutory responsibilities [FR Doc. 2016–20247 Filed 8–23–16; 8:45 am]
membership, or the at-large membership under 28 U.S.C. 994(o); BILLING CODE 2210–40–P
of the Tribal Issues Advisory Group to (2) to provide to the Commission its
apply. Application materials should be views on federal sentencing issues
received by the Commission not later relating to American Indian and Alaska UNITED STATES SENTENCING
than October 24, 2016. An applicant for Native defendants and victims, and to COMMISSION
membership in the Tribal Issues offenses committed in Indian country;
Advisory Group should apply by (3) to engage in meaningful Final Priorities for Amendment Cycle
sending a letter of interest and resume consultation and outreach with tribes,
to the Commission as indicated in the tribal governments, and tribal AGENCY: United States Sentencing
ADDRESSES section below. organizations regarding federal Commission.
DATES: Application materials for the sentencing issues that have tribal ACTION: Notice of final priorities.
Federal judge, tribal court judge, and at- implications;
large memberships of the Tribal Issues (4) to disseminate information SUMMARY: In June 2016, the Commission
Advisory Group should be received not regarding federal sentencing issues to published a notice of possible policy
later than October 24, 2016. tribes, tribal governments, and tribal priorities for the amendment cycle
organizations; and ending May 1, 2017. See 81 FR 37241
ADDRESSES: An applicant for the
(5) to perform any other related (June 9, 2016). After reviewing public
memberships of the Tribal Issues functions as the Commission requests. comment received pursuant to the
Advisory Group covered by this notice The Tribal Issues Advisory Group notice of proposed priorities, the
should apply by sending a letter of shall consist of no more than 9 Commission has identified its policy
interest and resume to the Commission members. Of those 9 members, not more priorities for the upcoming amendment
by electronic mail or regular mail. The than 1 shall be a Federal judge; 2 shall cycle and hereby gives notice of these
email address is pubaffairs@ussc.gov. be from the Executive Branch (one from policy priorities.
The regular mail address is United the United States Department of Justice
States Sentencing Commission, One FOR FURTHER INFORMATION CONTACT:
and one from the United States
Columbus Circle NE., Suite 2–500, Christine Leonard, Director, Office of
Department of the Interior); 1 shall be
South Lobby, Washington, DC 20002– Legislative and Public Affairs, (202)
from a federal public defender
8002, Attention: Public Affairs. 502–4500, pubaffairs@ussc.gov.
organization or community defender
FOR FURTHER INFORMATION CONTACT: organization; 1 shall be a tribal court SUPPLEMENTARY INFORMATION: The
Christine Leonard, Director, Office of judge; and not more than 4 shall be at- United States Sentencing Commission is
Legislative and Public Affairs, (202) large members. All members are an independent agency in the judicial
502–4500, pubaffairs@ussc.gov. More appointed by the Commission and shall branch of the United States
information about the Tribal Issues have expertise, knowledge, and/or Government. The Commission
Advisory Group (including the advisory experience in the issues considered by promulgates sentencing guidelines and
group charter) is available on the the Tribal Issues Advisory Group. The policy statements for federal sentencing
Commission’s Web site at http:// Commission intends that the at-large courts pursuant to 28 U.S.C. 994(a). The
www.ussc.gov/about/who-we-are/ membership shall include individuals Commission also periodically reviews
advisory-groups. with membership in or experience with and revises previously promulgated
SUPPLEMENTARY INFORMATION: The tribes, tribal governments, and tribal guidelines pursuant to 28 U.S.C. 994(o)
United States Sentencing Commission is organizations, appointed in a manner and submits guideline amendments to
mstockstill on DSK3G9T082PROD with NOTICES
an independent agency in the judicial that ensures representation among tribal the Congress not later than the first day
branch of the United States communities diverse in size, geographic of May each year pursuant to 28 U.S.C.
Government. The Commission location, and other unique 994(p).
promulgates sentencing guidelines and characteristics. Pursuant to 28 U.S.C. 994(g), the
policy statements for federal sentencing All members of the Tribal Issues Commission intends to consider the
courts pursuant to 28 U.S.C. 994(a). The Advisory Group shall serve not more issue of reducing costs of incarceration
Commission also periodically reviews than two consecutive three-year terms. and overcapacity of prisons, to the
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![Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices 58005
extent it is relevant to any identified statutory changes that may be during the 114th or 115th Congress
priority. appropriate and development of warranting a Commission response.
As part of its statutory authority and guideline amendments that may be (13) Resolution of circuit conflicts,
responsibility to analyze sentencing appropriate. pursuant to the Commission’s
issues, including operation of the (5) Continuation of its comprehensive, continuing authority and responsibility,
federal sentencing guidelines, the multi-year study of recidivism, under 28 U.S.C. 991(b)(1)(B) and
Commission has identified its policy including (A) examination of Braxton v. United States, 500 U.S. 344
priorities for the amendment cycle circumstances that correlate with (1991), to resolve conflicting
ending May 1, 2017. The Commission increased or reduced recidivism; (B) interpretations of the guidelines by the
recognizes, however, that other factors, possible development of federal courts.
such as the enactment of any legislation recommendations for using information (14) Consideration of any
requiring Commission action, may affect obtained from such study to reduce miscellaneous guideline application
the Commission’s ability to complete costs of incarceration and overcapacity issues coming to the Commission’s
work on any or all of its identified of prisons, and promote effectiveness of attention from case law and other
priorities by the statutory deadline of reentry programs; and (C) consideration sources, including possible
May 1, 2017. Accordingly, it may be of any amendments to the Guidelines consideration of whether a defendant’s
necessary to continue work on any or all Manual that may be appropriate in light denial of relevant conduct should be
of these issues beyond the amendment of the information obtained from such considered in determining whether a
cycle ending on May 1, 2017. study. defendant has accepted responsibility
As so prefaced, the Commission has (6) Study of the findings and for purposes of § 3E1.1.
identified the following priorities: recommendations contained in the May Authority: 28 U.S.C. 994(a), (o); USSC
(1) Continuation of its work with Rules of Practice and Procedure 5.2.
2016 Report issued by the Commission’s
Congress and other interested parties on
Tribal Issues Advisory Group, and Patti B. Saris,
statutory mandatory minimum penalties
consideration of any amendments to the Chair.
to implement the recommendations set
Guidelines Manual that may be
forth in the Commission’s 2011 report to [FR Doc. 2016–20245 Filed 8–23–16; 8:45 am]
appropriate in light of the information
Congress, titled Mandatory Minimum BILLING CODE 2210–40–P
obtained from such study.
Penalties in the Federal Criminal Justice
System, including its recommendations (7) Study of the treatment of youthful
regarding the severity and scope of offenders under the Guidelines Manual.
(8) Examination of Chapter Four, Part DEPARTMENT OF VETERANS
mandatory minimum penalties, AFFAIRS
consideration of expanding the ‘‘safety A (Criminal History) to (A) study the
valve’’ at 18 U.S.C. 3553(f), and treatment of revocation sentences under Privacy Act of 1974; System of
elimination of the mandatory ‘‘stacking’’ § 4A1.2(k), and (B) consider a possible Records
of penalties under 18 U.S.C. 924(c), and amendment of § 4A1.3 (Departures
to develop appropriate guideline Based on Inadequacy of Criminal AGENCY: Department of Veterans Affairs
amendments in response to any related History Category (Policy Statement)) to (VA).
legislation. account for instances in which the time ACTION: Notice of amendment to system
(2) Continuation of its multi-year actually served was substantially less of records.
examination of the overall structure of than the length of the sentence imposed
for a conviction counted under the SUMMARY: As required by the Privacy
the guidelines post-Booker, possibly Act of 1974, 5 U.S.C. 552a(e), notice is
including recommendations to Congress Guidelines Manual.
(9) Study of offenses involving hereby given that the Department of
on any statutory changes and Veterans Affairs (VA) is amending the
development of any guideline MDMA/Ecstasy, synthetic cannabinoids
(such as JWH–018 and AM–2201), and system of records currently entitled ‘‘My
amendments that may be appropriate. HealtheVet Administrative Records-VA’’
As part of this examination, the synthetic cathinones (such as
Methylone, MDPV, and Mephedrone), (130VA19) as set forth in the Federal
Commission intends to study possible Register 75 FR 70365. VA is amending
approaches to (A) simplify the operation and consideration of any amendments
to the Guidelines Manual that may be the system by revising the System
of the guidelines, promote Number, System Location, Categories of
proportionality, and reduce sentencing appropriate in light of the information
obtained from such study. Individuals Covered by the System,
disparities; and (B) appropriately Categories of Records in the System,
account for the defendant’s role, (10) Possible consideration of whether
the weapon enhancement in Records Source Categories, Routine
culpability, and relevant conduct. Uses of Records Maintained in the
(3) Continuation of its study of § 2D1.1(b)(1) should be amended to
conform to the ‘‘safety valve’’ provision System, Retention and Disposal, System
approaches to encourage the use of
at 18 U.S.C. 3553(f) and § 5C1.2 Manager, Record Access Procedure, and
alternatives to incarceration.
(4) Continuation of its multi-year (Limitation on Applicability of Statutory Notification Procedure. VA is
study of statutory and guideline Minimum Sentences in Certain Cases). republishing the system notice in its
definitions relating to the nature of a (11) Study of environmental offenses entirety.
defendant’s prior conviction (e.g., involving knowing endangerment DATES: Comments on the amendment of
‘‘crime of violence,’’ ‘‘aggravated resulting from mishandling hazardous this system of records must be received
felony,’’ ‘‘violent felony,’’ ‘‘drug or toxic substances, pesticides, or other no later than September 23, 2016. If no
mstockstill on DSK3G9T082PROD with NOTICES
trafficking offense,’’ and ‘‘felony drug pollutants, and consideration of any public comment is received, the
offense’’) and the impact of such amendments to the Guidelines Manual amended system will become effective
definitions on the relevant statutory and that may be appropriate in light of the September 23, 2016.
guideline provisions (e.g., career information obtained from such study. ADDRESSES: Written comments
offender, illegal reentry, and armed (12) Implementation of the Bipartisan concerning the amended system of
career criminal), possibly including Budget Act of 2015, Public Law 114–74, records may be submitted through
recommendations to Congress on any and any other crime legislation enacted www.regulations.gov; by mail or hand-
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Document Created: 2016-08-24 03:03:12
Document Modified: 2016-08-24 03:03:12
| 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 | Christine Leonard, Director, Office of Legislative and Public Affairs, (202) 502-4500, [email protected] | |
| FR Citation | 81 FR 58004 |
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