83 FR 43956 - Final Priorities for Amendment Cycle

UNITED STATES SENTENCING COMMISSION

Federal Register Volume 83, Issue 167 (August 28, 2018)

In June 2018, the Commission published a notice of proposed policy priorities for the amendment cycle ending May 1, 2019. See 83 FR 30477 (June 28, 2018). 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 83, Number 167 (Tuesday, August 28, 2018)]
[Notices]
[Pages 43956-43957]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18647]


=======================================================================
-----------------------------------------------------------------------

UNITED STATES SENTENCING COMMISSION


Final Priorities for Amendment Cycle

AGENCY: United States Sentencing Commission.

ACTION: Notice of final priorities.

-----------------------------------------------------------------------

SUMMARY: In June 2018, the Commission published a notice of proposed 
policy priorities for the amendment cycle ending May 1, 2019. See 83 FR 
30477 (June 28, 2018). 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 Congress not later than the first day of May 
each year pursuant to 28 U.S.C.994(p).
    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, 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 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) 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.
    (3) Consideration of possible amendments to Sec.  4B1.2 
(Definitions of Terms Used in Section 4B1.1) to (A) allow courts to 
consider the actual conduct of the defendant, rather than only the 
elements of the offense (i.e., ``categorical approach''), in 
determining whether an offense is a crime of violence or a controlled 
substance offense; and (B) address various application issues, 
including the meaning of ``robbery'' and ``extortion,'' and the 
treatment of inchoate offenses and offenses involving an offer to sell 
a controlled substance.
    (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

[[Page 43957]]

Sec.  4A1.2(k) for conduct constituting a violation of a condition of 
supervision that does not result in an arrest, criminal charge, or 
conviction for a federal, state, or local offense punishable by a term 
of imprisonment (other than an arrest for the violation of the 
condition of supervision itself); and (B) whether a downward departure 
may be warranted in cases in which prior sentences for misdemeanor and 
felony offenses arising from the same arrest or criminal conduct are 
considered separate sentences under Sec.  4A1.2(a)(2).
    (8) Resolution of circuit conflicts as warranted, pursuant to the 
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 possible 
amendments to Sec.  1B1.10 (Reduction in Term of Imprisonment as a 
Result of Amended Guideline Range (Policy Statement)) in light of Koons 
v. United States, 138 S. Ct. 1783 (2018).

    Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and 
Procedure 5.2.

William H. Pryor Jr.,
Acting Chair.
[FR Doc. 2018-18647 Filed 8-27-18; 8:45 am]
 BILLING CODE 2210-40-P