82 FR 28381 - Proposed Priorities for Amendment Cycle

UNITED STATES SENTENCING COMMISSION

Federal Register Volume 82, Issue 118 (June 21, 2017)

Page Range		28381-28382
FR Document		2017-12868

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 policy priorities for the amendment cycle ending May 1, 2018.

Federal Register, Volume 82 Issue 118 (Wednesday, June 21, 2017)

[Federal Register Volume 82, Number 118 (Wednesday, June 21, 2017)]
[Notices]
[Pages 28381-28382]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12868]


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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 policy priorities for the amendment cycle 
ending May 1, 2018.

DATES: Public comment should be received by the Commission on or before 
July 31, 2017.

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).
    The Commission provides this notice to identify tentative 
priorities for the amendment cycle ending May 1, 2018. The Commission 
recognizes, however, that other factors, such as the enactment of 
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, 2018. Accordingly, it may be necessary 
to continue work on any or all of these issues beyond the amendment 
cycle ending on May 1, 2018.
    As so prefaced, the Commission has identified the following 
tentative priorities:
    (1) 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.
    (2) Continuation of its multi-year study of offenses involving 
MDMA/Ecstasy, tetrahydrocannabinol (THC), 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. As part of this examination, 
the Commission more generally intends to study possible approaches to 
simplify the determination of the most closely related substance under 
Application Note 6 of the Commentary to Section 2D1.1.
    (3) Continuation of its work with Congress and other interested 
parties to implement the recommendations set forth in the Commission's 
2016 report to Congress, titled Career Offender Sentencing 
Enhancements, including its recommendations to revise the career 
offender directive at 28 U.S.C. 994(h) to focus on offenders who have 
committed at least one ``crime of violence'' and to adopt a uniform 
definition of ``crime of violence'' applicable to the guidelines and 
other recidivist statutory provisions.
    (4) 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). The Commission also 
intends to release a series of publications updating the data in the 
2011 report.
    (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, including 
possibly amending Chapter Four and Chapter Five to provide lower 
guideline ranges for ``first offenders'' generally and to increase the 
availability of alternatives to incarceration for such offenders at the 
lower levels of the Sentencing Table.
    (6) 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.
    (7) Continuation of its 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, including (A) revising how 
tribal court convictions are addressed in Chapter Four, and (B) 
providing a definition of ``court protection order'' that would apply 
throughout the guidelines.
    (8) Examination of Chapter Four, Part A (Criminal History) to study 
(A) how the guidelines account for prior federal and state convictions 
resulting from the same criminal conduct under Section 4A1.2(a)(2); (B) 
the treatment of convictions for offenses committed prior to age 
eighteen; (C) the treatment of revocation sentences under Section 
4A1.2(k); and (D) a possible amendment of Section 4A1.3 to account for 
instances in which the time actually served was substantially less than 
the length of the sentence imposed for a conviction counted in the 
criminal history score.
    (9) Continuation of its study of alternatives to incarceration, 
including (A) issuing a publication regarding the development of 
alternative to incarceration programs in federal district courts, and 
(B) possibly amending the Sentencing Table in Chapter 5, Part A to 
consolidate Zones B and C, and other relevant provisions in the 
Guidelines Manual.

[[Page 28382]]

    (10) 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.
    (11) Consideration of any miscellaneous guideline application 
issues coming to the Commission's attention from case law and other 
sources, including consideration of whether a defendant's denial of 
relevant conduct should be considered in determining whether a 
defendant has accepted responsibility for purposes of Section 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, 2018. 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.

William H. Pryor, Jr.,
Acting Chair.
[FR Doc. 2017-12868 Filed 6-20-17; 8:45 am]
BILLING CODE 2210-40-P

Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Notices 28381

included in the ICR for OMB approval of legislation requiring Commission elimination of the mandatory ‘‘stacking’’
of the extension of the information action, may affect the Commission’s of penalties under 18 U.S.C. 924(c). The
collection; they will also become a ability to complete work on any or all Commission also intends to release a
matter of public record. of its identified priorities by the series of publications updating the data
Approved: June 9, 2017. statutory deadline of May 1, 2018. in the 2011 report.
Accordingly, it may be necessary to (5) Continuation of its comprehensive,
R. Joseph Durbala,
continue work on any or all of these multi-year study of recidivism,
Tax Analyst, IRS. including (A) examination of
issues beyond the amendment cycle
[FR Doc. 2017–12865 Filed 6–20–17; 8:45 am] circumstances that correlate with
ending on May 1, 2018.
BILLING CODE 4830–01–P As so prefaced, the Commission has increased or reduced recidivism; (B)
identified the following tentative possible development of
priorities: recommendations for using information
UNITED STATES SENTENCING (1) Continuation of its multi-year obtained from such study to reduce
COMMISSION examination of the overall structure of costs of incarceration and overcapacity
the guidelines post-Booker, possibly of prisons, and promote effectiveness of
Proposed Priorities for Amendment including recommendations to Congress reentry programs; and (C) consideration
Cycle on any statutory changes and of any amendments to the Guidelines
AGENCY: United States Sentencing development of any guideline Manual that may be appropriate,
Commission. amendments that may be appropriate. including possibly amending Chapter
As part of this examination, the Four and Chapter Five to provide lower
ACTION: Notice; request for public
Commission intends to study possible guideline ranges for ‘‘first offenders’’
comment.
approaches to (A) simplify the operation generally and to increase the availability
SUMMARY: As part of its statutory of the guidelines, promote of alternatives to incarceration for such
authority and responsibility to analyze proportionality, and reduce sentencing offenders at the lower levels of the
sentencing issues, including operation disparities; and (B) appropriately Sentencing Table.
of the federal sentencing guidelines, and account for the defendant’s role, (6) Implementation of the Bipartisan
in accordance with Rule 5.2 of its Rules culpability, and relevant conduct. Budget Act of 2015, Public Law 114–74,
of Practice and Procedure, the United (2) Continuation of its multi-year and any other crime legislation enacted
States Sentencing Commission is study of offenses involving MDMA/ during the 114th or 115th Congress
seeking comment on possible policy Ecstasy, tetrahydrocannabinol (THC), warranting a Commission response.
priorities for the amendment cycle synthetic cannabinoids (such as JWH- (7) Continuation of its study of the
ending May 1, 2018. 018 and AM-2201), and synthetic findings and recommendations
cathinones (such as Methylone, MDPV, contained in the May 2016 Report
DATES: Public comment should be
and Mephedrone), and consideration of issued by the Commission’s Tribal
received by the Commission on or
any amendments to the Guidelines Issues Advisory Group and
before July 31, 2017.
Manual that may be appropriate. As part consideration of any amendments to the
ADDRESSES: Comments should be sent to
of this examination, the Commission Guidelines Manual that may be
the Commission by electronic mail or more generally intends to study possible appropriate, including (A) revising how
regular mail. The email address is approaches to simplify the tribal court convictions are addressed in
pubaffairs@ussc.gov. The regular mail determination of the most closely Chapter Four, and (B) providing a
address is United States Sentencing related substance under Application definition of ‘‘court protection order’’
Commission, One Columbus Circle NE., Note 6 of the Commentary to Section that would apply throughout the
Suite 2–500, South Lobby, Washington, 2D1.1. guidelines.
DC 20002–8002, Attention: Public (3) Continuation of its work with (8) Examination of Chapter Four, Part
Affairs—Priorities Comment. Congress and other interested parties to A (Criminal History) to study (A) how
FOR FURTHER INFORMATION CONTACT: implement the recommendations set the guidelines account for prior federal
Christine Leonard, Director, Office of forth in the Commission’s 2016 report to and state convictions resulting from the
Legislative and Public Affairs, (202) Congress, titled Career Offender same criminal conduct under Section
502–4500, pubaffairs@ussc.gov. Sentencing Enhancements, including its 4A1.2(a)(2); (B) the treatment of
SUPPLEMENTARY INFORMATION: The recommendations to revise the career convictions for offenses committed prior
United States Sentencing Commission is offender directive at 28 U.S.C. 994(h) to to age eighteen; (C) the treatment of
an independent agency in the judicial focus on offenders who have committed revocation sentences under Section
branch of the United States at least one ‘‘crime of violence’’ and to 4A1.2(k); and (D) a possible amendment
Government. The Commission adopt a uniform definition of ‘‘crime of of Section 4A1.3 to account for
promulgates sentencing guidelines and violence’’ applicable to the guidelines instances in which the time actually
policy statements for federal sentencing and other recidivist statutory served was substantially less than the
courts pursuant to 28 U.S.C. 994(a). The provisions. length of the sentence imposed for a
Commission also periodically reviews (4) Continuation of its work with conviction counted in the criminal
and revises previously promulgated Congress and other interested parties on history score.
guidelines pursuant to 28 U.S.C. 994(o) statutory mandatory minimum penalties (9) Continuation of its study of
asabaliauskas on DSKBBXCHB2PROD with NOTICES

and submits guideline amendments to to implement the recommendations set alternatives to incarceration, including
the Congress not later than the first day forth in the Commission’s 2011 report to (A) issuing a publication regarding the
of May each year pursuant to 28 U.S.C. Congress, titled Mandatory Minimum development of alternative to
994(p). Penalties in the Federal Criminal Justice incarceration programs in federal
The Commission provides this notice System, including its recommendations district courts, and (B) possibly
to identify tentative priorities for the regarding the severity and scope of amending the Sentencing Table in
amendment cycle ending May 1, 2018. mandatory minimum penalties, Chapter 5, Part A to consolidate Zones
The Commission recognizes, however, consideration of expanding the ‘‘safety B and C, and other relevant provisions
that other factors, such as the enactment valve’’ at 18 U.S.C. 3553(f), and in the Guidelines Manual.

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28382 Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Notices

(10) Resolution of circuit conflicts, publishing this request for public Commission traditionally considers
pursuant to the Commission’s comment on issues related to MDMA/ when determining the marihuana
continuing authority and responsibility, Ecstasy and methylone, one of the equivalencies for specific controlled
under 28 U.S.C. 991(b)(1)(B) and synthetic cathinones included in the substances to the substances under
Braxton v. United States, 500 U.S. 344 Commission’s study. The issues for study. See U.S. Sentencing Comm’n,
(1991), to resolve conflicting comment are set forth in the ‘‘Request for Public Comment,’’ 81 FR
interpretations of the guidelines by the SUPPLEMENTARY INFORMATION portion of 92021 (Dec. 19, 2016). On April 18,
federal courts. this notice. 2017, the Commission held a public
(11) Consideration of any DATES: Public comment regarding the hearing relating to this priority. The
miscellaneous guideline application issues for comment set forth in this Commission received testimony from
issues coming to the Commission’s notice should be received by the experts on the synthetic drugs related to
attention from case law and other Commission not later than August 7, the study, including testimony about
sources, including consideration of 2017. their chemical structure,
whether a defendant’s denial of relevant pharmacological effects, trafficking
ADDRESSES: All written comment should
conduct should be considered in patterns, and community impact.
be sent to the Commission by electronic
determining whether a defendant has As part of its continuing work on this
mail or regular mail. The email address
accepted responsibility for purposes of priority, the Commission is publishing
for public comment is Public_
Section 3E1.1. this second request for comment
The Commission hereby gives notice Comment@ussc.gov. The regular mail
specifically focused on issues related to
that it is seeking comment on these address for public comment is United
MDMA/Ecstasy and methylone, one of
tentative priorities and on any other States Sentencing Commission, One
the synthetic cathinones included in the
issues that interested persons believe Columbus Circle NE., Suite 2–500,
Commission’s study. In addition to the
the Commission should address during Washington, DC 20002–8002, Attention:
substance-specific topics discussed
the amendment cycle ending May 1, Public Affairs.
below, the Commission anticipates that
2018. To the extent practicable, public FOR FURTHER INFORMATION CONTACT: its work will continue to be guided by
comment should include the following: Christine Leonard, Director, Office of the factors the Commission traditionally
(1) A statement of the issue, including, Legislative and Public Affairs, (202) considers when determining marihuana
where appropriate, the scope and 502–4500, pubaffairs@ussc.gov. equivalencies for specific controlled
manner of study, particular problem SUPPLEMENTARY INFORMATION: The substances, including their chemical
areas and possible solutions, and any United States Sentencing Commission is structure, pharmacological effects,
other matters relevant to a proposed an independent agency in the judicial legislative and scheduling history,
priority; (2) citations to applicable branch of the United States potential for addiction and abuse, the
sentencing guidelines, statutes, case Government. The Commission pattern of abuse and harms associated
law, and constitutional provisions; and promulgates sentencing guidelines and with their abuse, and the patterns of
(3) a direct and concise statement of policy statements for federal courts trafficking and harms associated with
why the Commission should make the pursuant to 28 U.S.C. 994(a). The their trafficking.
issue a priority. Commission also periodically reviews MDMA.—MDMA (3,4-
Authority: 28 U.S.C. 994(a), (o); USSC
and revises previously promulgated Methylenedioxy-methamphetamine) is a
Rules of Practice and Procedure 5.2. guidelines pursuant to 28 U.S.C. 994(o) Schedule I controlled substance with a
and submits guideline amendments to chemical structure similar to
William H. Pryor, Jr., the Congress not later than the first day methamphetamine and the hallucinogen
Acting Chair. of May each year pursuant to 28 U.S.C. mescaline. See U.S. Sentencing
[FR Doc. 2017–12868 Filed 6–20–17; 8:45 am] 994(p). Comm’n, Report to the Congress:
BILLING CODE 2210–40–P In August 2016, the Commission MDMA Drug Offenses: Explanation of
indicated that one of its priorities would Recent Guideline Amendments 6–7
be the ‘‘[s]tudy of offenses involving (May 2001) (‘‘MDMA Report’’), available
UNITED STATES SENTENCING MDMA/Ecstasy, synthetic cannabinoids at http://www.ussc.gov/sites/default/
COMMISSION (such as JWH–018 and AM–2201), and files/pdf/news/congressional-testimony-
synthetic cathinones (such as and-reports/drug-topics/200105_RtC_
Sentencing Guidelines for United Methylone, MDPV, and Mephedrone), MDMA_Drug_Offenses.pdf. MDMA, also
States Courts and consideration of any amendments known as ‘‘ecstasy’’ or ‘‘molly,’’ was
AGENCY: United States Sentencing to the Guidelines Manual that may be originally developed for therapeutic use,
Commission. appropriate in light of the information but became a drug of abuse by the late
ACTION: Request for public comment. obtained from such study.’’ See U.S. 1970s. Id. at 7. Its use results in
Sentencing Comm’n, ‘‘Notice of Final enhanced feelings of pleasure,
SUMMARY: In August 2016, the Priorities,’’ 81 FR 58004 (Aug. 24, 2016). relaxation, and self-confidence, while
Commission indicated that one of its The Commission expects that this study accompanying physical symptoms may
policy priorities would be the ‘‘[s]tudy will be conducted over a multi-year include increased heart rate and blood
of offenses involving MDMA/Ecstasy, period, and may solicit comment several pressure and difficulty regulating body
synthetic cannabinoids (such as JWH– times during this period from experts temperature. MDMA is typically
asabaliauskas on DSKBBXCHB2PROD with NOTICES

018 and AM–2201), and synthetic and other members of the public. marketed and consumed in pill form. Id.
cathinones (such as Methylone, MDPV, On December 19, 2016, the MDMA is not specifically listed in the
and Mephedrone), and consideration of Commission published a request for Drug Quantity Table at § 2D1.1
any amendments to the Guidelines comment inviting general comment on (Unlawful Manufacturing, Importing,
Manual that may be appropriate in light synthetic cathinones (MDPV, Exporting, or Trafficking (Including
of the information obtained from such methylone, and mephedrone) and Possession with Intent to Commit These
study.’’ See 81 FR 58004 (Aug. 24, synthetic cannabinoids (JWH–018 and Offenses); Attempt or Conspiracy), but it
2016). As part of its continuing work on AM–2201), as well as about the is referenced in the Drug Equivalency
this priority, the Commission is application of the factors the Tables. See USSC Section 2D1.1,

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Document Created: 2018-11-14 10:08:39
Document Modified: 2018-11-14 10:08:39

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; request for public comment.
Dates		Public comment should be received by the Commission on or before July 31, 2017.
Contact		Christine Leonard, Director, Office of Legislative and Public Affairs, (202) 502-4500, [email protected]
FR Citation		82 FR 28381