83 FR 30477 - Proposed Priorities for Amendment Cycle

UNITED STATES SENTENCING COMMISSION

Federal Register Volume 83, Issue 125 (June 28, 2018)

Page Range		30477-30478
FR Document		2018-13937

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, 2019.

Federal Register, Volume 83 Issue 125 (Thursday, June 28, 2018)

[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Notices]
[Pages 30477-30478]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13937]


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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, 2019.

DATES: Public comment should be received by the Commission on or before 
August 10, 2018.

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, 2019. Other factors, 
such as legislation requiring Commission action, may affect the 
Commission's ability to complete work on any or all identified 
priorities by May 1, 2019. Accordingly, the Commission may continue 
work on any or all identified priorities after that date or may decide 
not to pursue one or more identified priorities.
    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 has identified the following tentative priorities:
    (1) Continuation of its multiyear examination of the structure of 
the guidelines post-Booker and consideration of legislative 
recommendations or guideline amendments to simplify the guidelines, 
while promoting proportionality and reducing sentencing disparities, 
and to account appropriately for the defendant's role, culpability, and 
relevant conduct.
    (2) A multiyear study of synthetic drug offenses committed by 
organizational defendants, including possible consideration of 
amendments to Chapter Eight (Sentencing Organizations) to address such 
offenses.
    (3) Continuation of its work with Congress and others to implement 
the recommendations of the Commission's 2016 report to Congress, 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 others to implement 
the recommendations of the Commission's 2011 report to Congress, 
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 preparation of a 
series of publications updating the data in the report.
    (5) Continuation of its comprehensive, multiyear study of 
recidivism, including the circumstances that correlate with increased 
or reduced recidivism.
    (6) Implementation of any legislation warranting Commission action.
    (7) Study of Chapter Four, Part A (Criminal History), focusing on 
(A) how the guidelines treat revocations under Sec.  4A1.2(k) for 
violations of conditions of supervision for conduct that does not 
constitute a federal, state, or local offense punishable by a term of 
imprisonment; and (B) whether unwarranted sentencing disparities arise 
under the single sentence rule at Sec.  4A1.2(a)(2) as a result of 
differences in state practices.
    (8) Resolution of circuit conflicts as warranted, pursuant to the

[[Page 30478]]

Commission's authority under 28 U.S.C. 991(b)(1)(B) and Braxton v. 
United States, 500 U.S. 344 (1991).
    (9) Consideration of other miscellaneous issues, including (A) 
possible amendments to the commentary of Sec.  1B1.10 (Reduction in 
Term of Imprisonment as a Result of Amended Guideline Range (Policy 
Statement)) in light of Koons v. United States, No. 17-5716 (June 4, 
2018); (B) study of the operation of Sec.  5H1.6 (Family Ties and 
Responsibilities (Policy Statement)) with respect to the loss of 
caretaking or financial support of minors; and (C) study of whether 
Sec.  1B1.13 (Reduction in Term of Imprisonment Under 18 U.S.C. 
3582(c)(1)(A) (Policy Statement)) effectively encourages the Director 
of the Bureau of Prisons to file a motion for compassionate release 
when ``extraordinary and compelling reasons'' exist.
    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, 2019. 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. 2018-13937 Filed 6-27-18; 8:45 am]
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Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Notices 30477

to 28 U.S.C. 995 and Rule 5.4 of the UNITED STATES SENTENCING extent it is relevant to any identified
Commission’s Rules of Practice and COMMISSION priority.
Procedure. Under the charter for the The Commission has identified the
advisory group, the purpose of the Proposed Priorities for Amendment following tentative priorities:
advisory group is (1) to assist the Cycle (1) Continuation of its multiyear
Commission in carrying out its statutory examination of the structure of the
AGENCY: United States Sentencing guidelines post-Booker and
responsibilities under 28 U.S.C. 994(o); Commission. consideration of legislative
(2) to provide to the Commission its ACTION: Notice; Request for public recommendations or guideline
views on the Commission’s activities comment. amendments to simplify the guidelines,
and work, including proposed priorities while promoting proportionality and
and amendments; (3) to disseminate to SUMMARY: As part of its statutory reducing sentencing disparities, and to
defense attorneys, and to other authority and responsibility to analyze account appropriately for the
professionals in the defense community, sentencing issues, including operation defendant’s role, culpability, and
information regarding federal of the federal sentencing guidelines, and relevant conduct.
sentencing issues; and (4) to perform in accordance with Rule 5.2 of its Rules (2) A multiyear study of synthetic
other related functions as the of Practice and Procedure, the United drug offenses committed by
Commission requests. The advisory States Sentencing Commission is organizational defendants, including
group consists of not more than 17 seeking comment on possible policy possible consideration of amendments
voting members, each of whom may priorities for the amendment cycle to Chapter Eight (Sentencing
serve not more than two consecutive ending May 1, 2019. Organizations) to address such offenses.
three-year terms. Of those 17 voting DATES: Public comment should be (3) Continuation of its work with
members, one shall be Chair, one shall received by the Commission on or Congress and others to implement the
be Vice Chair, 12 shall be circuit before August 10, 2018. recommendations of the Commission’s
members (one for each federal judicial ADDRESSES: Comments should be sent to 2016 report to Congress, Career
circuit other than the Federal Circuit), the Commission by electronic mail or Offender Sentencing Enhancements,
and three shall be at-large members. regular mail. The email address is including its recommendations to revise
pubaffairs@ussc.gov. The regular mail the career offender directive at 28 U.S.C.
To be eligible to serve as a voting 994(h) to focus on offenders who have
address is United States Sentencing
member, an individual must be an Commission, One Columbus Circle NE, committed at least one ‘‘crime of
attorney who (1) devotes a substantial Suite 2–500, South Lobby, Washington, violence’’ and to adopt a uniform
portion of his or her professional work DC 20002–8002, Attention: Public definition of ‘‘crime of violence’’
to advocating the interests of privately- Affairs—Priorities Comment. applicable to the guidelines and other
represented individuals, or of recidivist statutory provisions.
FOR FURTHER INFORMATION CONTACT:
individuals represented by private (4) Continuation of its work with
Christine Leonard, Director, Office of
practitioners through appointment Congress and others to implement the
Legislative and Public Affairs, (202)
under the Criminal Justice Act of 1964, recommendations of the Commission’s
502–4500, pubaffairs@ussc.gov.
within the federal criminal justice 2011 report to Congress, Mandatory
SUPPLEMENTARY INFORMATION: The Minimum Penalties in the Federal
system; (2) has significant experience
United States Sentencing Commission is Criminal Justice System—including its
with federal sentencing or post- an independent agency in the judicial
conviction issues related to criminal recommendations regarding the severity
branch of the United States and scope of mandatory minimum
sentences; and (3) is in good standing of Government. The Commission
the highest court of the jurisdiction or penalties, consideration of expanding
promulgates sentencing guidelines and the ‘‘safety valve’’ at 18 U.S.C. 3553(f),
jurisdictions in which he or she is policy statements for federal sentencing and elimination of the mandatory
admitted to practice. Additionally, to be courts pursuant to 28 U.S.C. 994(a). The ‘‘stacking’’ of penalties under 18 U.S.C.
eligible to serve as a circuit member, the Commission also periodically reviews 924(c)—and preparation of a series of
individual’s primary place of business and revises previously promulgated publications updating the data in the
or a substantial portion of his or her guidelines pursuant to 28 U.S.C. 994(o) report.
practice must be in the circuit and submits guideline amendments to (5) Continuation of its comprehensive,
concerned. Each voting member is the Congress not later than the first day multiyear study of recidivism, including
appointed by the Commission. of May each year pursuant to 28 U.S.C. the circumstances that correlate with
The Commission invites any 994(p). increased or reduced recidivism.
individual who is eligible to be The Commission provides this notice (6) Implementation of any legislation
appointed to a voting membership to identify tentative priorities for the warranting Commission action.
amendment cycle ending May 1, 2019. (7) Study of Chapter Four, Part A
covered by this notice (i.e., the circuit
Other factors, such as legislation (Criminal History), focusing on (A) how
memberships for the Third, Fifth, Tenth,
requiring Commission action, may affect the guidelines treat revocations under
and Eleventh Circuits) to apply by
the Commission’s ability to complete § 4A1.2(k) for violations of conditions of
sending a letter of interest and a resume work on any or all identified priorities supervision for conduct that does not
to the Commission as indicated in the by May 1, 2019. Accordingly, the constitute a federal, state, or local
ADDRESSES section above.
Commission may continue work on any offense punishable by a term of
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Authority: 28 U.S.C. 994(a), (o), (p), 995; or all identified priorities after that date imprisonment; and (B) whether
USSC Rules of Practice and Procedure 5.4. or may decide not to pursue one or more unwarranted sentencing disparities arise
identified priorities. under the single sentence rule at
William H. Pryor Jr.,
Pursuant to 28 U.S.C. 994(g), the § 4A1.2(a)(2) as a result of differences in
Acting Chair. Commission intends to consider the state practices.
[FR Doc. 2018–13936 Filed 6–27–18; 8:45 am] issue of reducing costs of incarceration (8) Resolution of circuit conflicts as
BILLING CODE 2210–40–P and overcapacity of prisons, to the warranted, pursuant to the

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30478 Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Notices

Commission’s authority under 28 U.S.C. DEPARTMENT OF VETERANS SUPPLEMENTARY INFORMATION:
991(b)(1)(B) and Braxton v. United AFFAIRS Authority: Public Law 11–275; 38 U.S.C.
States, 500 U.S. 344 (1991). [OMB Control No. 2900–0821] 2108; 44 U.S.C. 3501–3521.
(9) Consideration of other Title: Certification Regarding
miscellaneous issues, including (A) Agency Information Collection Activity Debarment, Suspension, Ineligibility
possible amendments to the Under OMB Review: Certification and Voluntary Exclusion (Documents
commentary of § 1B1.10 (Reduction in Regarding Debarment, Suspension, and Information Required for Specially
Term of Imprisonment as a Result of Ineligibility and Voluntary Exclusion Adapted Housing Assistive Technology
Amended Guideline Range (Policy (Documents and Information Required Grant), VA Form 26–0967 and Scoring
Statement)) in light of Koons v. United for Specially Adapted Housing Criteria for SAH Assistive Technology
States, No. 17–5716 (June 4, 2018); (B) Assistive Technology Grant) and Grants, VA Form 26–0967a.
Scoring Criteria for SAH Assistive
study of the operation of § 5H1.6 OMB Control Number: 2900–0821.
Technology Grants
(Family Ties and Responsibilities Type of Review: Extension of a
(Policy Statement)) with respect to the AGENCY: Veterans Benefits currently approved collection.
loss of caretaking or financial support of Administration, Department of Veterans Abstract: Title 38, U.S.C., chapter 21,
minors; and (C) study of whether Affairs. authorizes a VA program of grants for
§ 1B1.13 (Reduction in Term of ACTION: Notice. specially adapted housing for disabled
Imprisonment Under 18 U.S.C. veterans or servicemembers. Section
SUMMARY: In compliance with the 2101(a) of this chapter specifically
3582(c)(1)(A) (Policy Statement))
Paperwork Reduction Act (PRA) of outlines those determinations that must
effectively encourages the Director of 1995, this notice announces that the
the Bureau of Prisons to file a motion for be made by VA before such grant is
Veterans Benefits Administration approved for a particular veteran or
compassionate release when (VBA), Department of Veterans Affairs,
‘‘extraordinary and compelling reasons’’ servicemember. VA Form 26–0967 and
will submit the collection of VA Form 26–0967a are used to collect
exist. information abstracted below to the information that is necessary for VA to
The Commission hereby gives notice Office of Management and Budget meet the requirements of 38 U.S.C.
that it is seeking comment on these (OMB) for review and comment. The 2101(a). (Also, see 38 CFR 36.4402(a),
tentative priorities and on any other PRA submission describes the nature of 36–4404(a) and 36.4405.)
issues that interested persons believe the information collection and its
An agency may not conduct or
the Commission should address during expected cost and burden; it includes
sponsor, and a person is not required to
the amendment cycle ending May 1, the actual data collection instrument.
respond to a collection of information
2019. To the extent practicable, public DATES: Comments must be submitted on
unless it displays a currently valid OMB
comment should include the following: or before July 30, 2018. control number. The Federal Register
(1) A statement of the issue, including, ADDRESSES: Submit written comments Notice with a 60-day comment period
where appropriate, the scope and on the collection of information through soliciting comments on this collection
manner of study, particular problem www.Regulations.gov, or to Office of of information was published at 83 FR
areas and possible solutions, and any Information and Regulatory Affairs, 99 on May 22, 2018 and page 23767.
Office of Management and Budget, Attn: Affected Public: Individuals or
other matters relevant to a proposed
VA Desk Officer; 725 17th St. NW, Households.
priority; (2) citations to applicable
Washington, DC 20503 or sent through Estimate: Annual Burden: 40 hours.
sentencing guidelines, statutes, case electronic mail to oira_submission@
law, and constitutional provisions; and Estimated Average Burden per
omb.eop_.gov. Please refer to ‘‘OMB
(3) a direct and concise statement of Respondent: 120 minutes.
Control No. 2900–0821’’ in any
why the Commission should make the correspondence. Frequency of Response: One time.
issue a priority. Estimated Number of Respondents:
FOR FURTHER INFORMATION CONTACT: 20.
Authority: 28 U.S.C. 994(a), (o); USSC Cynthia Harvey-Pryor, Office of Quality,
Rules of Practice and Procedure 5.2. Privacy and Risk (005R1B), Department By direction of the Secretary.
of Veterans Affairs , 810 Vermont Cynthia D. Harvey-Pryor,
William H. Pryor Jr.,
Avenue NW, Washington, DC 20420, Department Clearance Officer, Office of
Acting Chair. Quality, Privacy and Risk, Department of
(202) 461–5870 or email
[FR Doc. 2018–13937 Filed 6–27–18; 8:45 am] Veterans Affairs.
Cynthia.Haryey-Pryor@va.gov. Please
BILLING CODE 2210–40–P refer to ‘‘OMB Control No. 2900–0821’’ [FR Doc. 2018–13904 Filed 6–27–18; 8:45 am]
in any correspondence. BILLING CODE 8320–01–P
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Document Created: 2018-11-06 09:55:15
Document Modified: 2018-11-06 09:55:15

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 August 10, 2018.
Contact		Christine Leonard, Director, Office of Legislative and Public Affairs, (202) 502-4500, [email protected]
FR Citation		83 FR 30477