83 FR 43956 - Final Priorities for Amendment Cycle

UNITED STATES SENTENCING COMMISSION

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

Page Range		43956-43957
FR Document		2018-18647

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 Issue 167 (Tuesday, August 28, 2018)

[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]


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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 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

43956 Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Notices

objections raised by Redstone Arsenal. information at https:// issue of reducing costs of incarceration
The Arsenal objected to a public www.transit.dot.gov/regulations-and- and overcapacity of prisons, to the
roadway passing through Arsenal guidance/safety/transit-advisory- extent it is relevant to any identified
property due to increased security committee-safety-tracs. priority.
concerns. Issued in Washington, DC.
The Commission has identified the
Any future Federal-aid actions within following priorities:
K. Jane Williams, (1) Continuation of its multiyear
this corridor will comply with
Acting Administrator. examination of the structure of the
environmental review requirements of
the National Environmental Policy Act [FR Doc. 2018–18541 Filed 8–27–18; 8:45 am] guidelines post-Booker and
(NEPA, 42 U.S.C. 4321, et seq.), FHWA BILLING CODE P consideration of legislative
environmental regulations (23 CFR 771) recommendations or guideline
and related authorities, as appropriate. amendments to simplify the guidelines,
UNITED STATES SENTENCING while promoting proportionality and
Authority: 23 U.S.C. 315; 49 CFR 1.48.
COMMISSION reducing sentencing disparities, and to
(Catalog of Federal Domestic Assistance account appropriately for the
Program Number 20.205, Highway Planning Final Priorities for Amendment Cycle defendant’s role, culpability, and
and Construction. The regulations
implementing Executive Order 12372 AGENCY: United States Sentencing relevant conduct.
regarding intergovernmental consultation on (2) Continuation of its work with
Commission.
Federal programs and activities apply to this Congress and others to implement the
ACTION: Notice of final priorities. recommendations of the Commission’s
program.)
Issued on: August 20, 2018. SUMMARY: In June 2018, the Commission 2016 report to Congress, Career
published a notice of proposed policy Offender Sentencing Enhancements,
Mark Bartlett,
priorities for the amendment cycle including its recommendations to revise
Division Administrator, Federal Highway the career offender directive at 28 U.S.C.
Administration, Montgomery, Alabama. ending May 1, 2019. See 83 FR 30477
(June 28, 2018). After reviewing public 994(h) to focus on offenders who have
[FR Doc. 2018–18665 Filed 8–27–18; 8:45 am]
comment received pursuant to the committed at least one ‘‘crime of
BILLING CODE 4910–22–P
notice of proposed priorities, the violence’’ and to adopt a uniform
Commission has identified its policy definition of ‘‘crime of violence’’
priorities for the upcoming amendment applicable to the guidelines and other
DEPARTMENT OF TRANSPORTATION
cycle and hereby gives notice of these recidivist statutory provisions.
Federal Transit Administration (3) Consideration of possible
policy priorities.
amendments to § 4B1.2 (Definitions of
FOR FURTHER INFORMATION CONTACT:
Transit Advisory Committee for Safety; Terms Used in Section 4B1.1) to (A)
Christine Leonard, Director, Office of allow courts to consider the actual
Re-Establishment of Charter Legislative and Public Affairs, (202) conduct of the defendant, rather than
AGENCY: Federal Transit Administration, 502–4500, pubaffairs@ussc.gov. only the elements of the offense (i.e.,
DOT. SUPPLEMENTARY INFORMATION: The ‘‘categorical approach’’), in determining
ACTION: Notice of re-establishment of United States Sentencing Commission is whether an offense is a crime of
Transit Advisory Committee for Safety. an independent agency in the judicial violence or a controlled substance
branch of the United States offense; and (B) address various
SUMMARY: The Federal Transit Government. The Commission
Administration (FTA) announces the re- application issues, including the
promulgates sentencing guidelines and meaning of ‘‘robbery’’ and ‘‘extortion,’’
establishment of the Transit Advisory policy statements for federal sentencing
Committee for Safety (TRACS) via a new and the treatment of inchoate offenses
courts pursuant to 28 U.S.C. 994(a). The and offenses involving an offer to sell a
charter. TRACS is a Federal Advisory Commission also periodically reviews
Committee established by the U.S. controlled substance.
and revises previously promulgated (4) Continuation of its work with
Secretary of Transportation (Secretary) guidelines pursuant to 28 U.S.C. 994(o) Congress and others to implement the
in accordance with the Federal and submits guideline amendments to recommendations of the Commission’s
Advisory Committee Act to provide Congress not later than the first day of 2011 report to Congress, Mandatory
information, advice and May each year pursuant to 28 Minimum Penalties in the Federal
recommendations to the Secretary and U.S.C.994(p). Criminal Justice System—including its
the Administrator of FTA on matters As part of its statutory authority and recommendations regarding the severity
relating to the safety of public responsibility to analyze sentencing and scope of mandatory minimum
transportation systems. This charter will issues, including operation of the penalties, consideration of expanding
be effective for two years from the date federal sentencing guidelines, the the ‘‘safety valve’’ at 18 U.S.C. 3553(f),
it is filed with Congress. Commission has identified its policy and elimination of the mandatory
FOR FURTHER INFORMATION CONTACT: priorities for the amendment cycle ‘‘stacking’’ of penalties under 18 U.S.C.
Henrika Buchanan, TRACS Designated ending May 1, 2019. Other factors, such 924(c)—and preparation of a series of
Federal Officer, Acting Associate as legislation requiring Commission publications updating the data in the
Administrator, FTA Office of Transit action, may affect the Commission’s report.
Safety and Oversight, (202) 366–4020; or ability to complete work on any or all (5) Continuation of its comprehensive,
Adrianne Malasky, FTA Office of identified priorities by May 1, 2019. multiyear study of recidivism, including
daltland on DSKBBV9HB2PROD with NOTICES

Transit Safety and Oversight, (202) 366– Accordingly, the Commission may the circumstances that correlate with
1783. continue work on any or all identified increased or reduced recidivism.
SUPPLEMENTARY INFORMATION: This priorities after that date or may decide (6) Implementation of any legislation
notice is provided in accordance with not to pursue one or more identified warranting Commission action.
the Federal Advisory Committee Act priorities. (7) Study of Chapter Four, Part A
(Pub. L. 92–463, 5 U.S.C. App. 2). Please Pursuant to 28 U.S.C. 994(g), the (Criminal History), focusing on (A) how
see the TRACS website for additional Commission intends to consider the the guidelines treat revocations under

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Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Notices 43957

§ 4A1.2(k) for conduct constituting a Commission by electronic mail or DEPARTMENT OF VETERANS
violation of a condition of supervision regular mail. The email address is AFFAIRS
that does not result in an arrest, pubaffairs@ussc.gov. The regular mail
criminal charge, or conviction for a address is United States Sentencing Advisory Committee on Women
federal, state, or local offense Commission, One Columbus Circle NE, Veterans, Notice of Meeting
punishable by a term of imprisonment Suite 2–500, South Lobby, Washington, The Department of Veterans Affairs
(other than an arrest for the violation of DC 20002–8002, Attention: Public (VA) gives notice under the Federal
the condition of supervision itself); and Affairs—VAG Membership. Advisory Committee Act that the
(B) whether a downward departure may Advisory Committee on Women
be warranted in cases in which prior FOR FURTHER INFORMATION CONTACT:
Christine Leonard, Director, Office of Veterans (Committee) will conduct a
sentences for misdemeanor and felony site visit on September 10–14, 2018, in
offenses arising from the same arrest or Legislative and Public Affairs, (202)
Chicago, IL. Sessions are open to the
criminal conduct are considered 502–4500, pubaffairs@ussc.gov. More
public, except when the Committee is
separate sentences under § 4A1.2(a)(2). information about the Victims Advisory
conducting tours of VA facilities,
(8) Resolution of circuit conflicts as Group is available on the Commission’s participating in off-site events, and
warranted, pursuant to the website at www.ussc.gov/advisory- participating in workgroup sessions.
Commission’s authority under 28 U.S.C. groups. Tours of VA facilities are closed, to
991(b)(1)(B) and Braxton v. United
SUPPLEMENTARY INFORMATION: The protect Veterans’ privacy and personal
States, 500 U.S. 344 (1991).
(9) Consideration of other Victims Advisory Group is a standing information. The site visit will also
miscellaneous issues, including possible advisory group of the United States include a town hall meeting for women
amendments to § 1B1.10 (Reduction in Veterans and those who provide
Sentencing Commission pursuant to 28
Term of Imprisonment as a Result of services to women Veterans.
U.S.C. 995 and Rule 5.4 of the The purpose of the Committee is to
Amended Guideline Range (Policy Commission’s Rules of Practice and advise the Secretary of Veterans Affairs
Statement)) in light of Koons v. United Procedure. Under the charter for the regarding the needs of women Veterans
States, 138 S. Ct. 1783 (2018). advisory group, the purpose of the with respect to health care,
Authority: 28 U.S.C. 994(a), (o); USSC advisory group is (1) to assist the rehabilitation, compensation, outreach,
Rules of Practice and Procedure 5.2. Commission in carrying out its statutory and other programs and activities
William H. Pryor Jr., responsibilities under 28 U.S.C. 994(o); administered by VA designed to meet
Acting Chair.
(2) to provide to the Commission its such needs. The Committee makes
views on the Commission’s activities recommendations to the Secretary
[FR Doc. 2018–18647 Filed 8–27–18; 8:45 am]
and work, including proposed priorities regarding such programs and activities.
BILLING CODE 2210–40–P
and amendments, as they relate to On Monday, September 10, the
victims of crime; (3) to disseminate Committee will convene an open
UNITED STATES SENTENCING information regarding sentencing issues session at the Edward Hines Junior
COMMISSION to organizations represented by the Hospital; 5000 5th Avenue Hines, IL
Victims Advisory Group and to other 60141, from 8:30 a.m. to 3:00 p.m. in
Request for Applications; Victims victims of crime and victims advocacy Room E471. The agenda will include
Advisory Group groups, as appropriate; and (4) to overview briefings from the Edward
perform any other functions related to Hines Junior Hospital leadership on the
AGENCY: United States Sentencing facilities, programs, demographics,
Commission. victims of crime as the Commission
requests. The advisory group consists of women Veterans programs, and other
ACTION: Notice. services available for Veterans in
not more than nine members, each of
Chicago. In the afternoon, the
SUMMARY: In view of upcoming whom may serve not more than two
Committee will reconvene a closed
vacancies in the membership of the consecutive three-year terms. Each
session, as it tours the Edward Hines
Victims Advisory Group, the United member is appointed by the Junior Hospital.
States Sentencing Commission hereby Commission. In the morning of Tuesday, September
invites any individual who has The Commission invites any 11, the Committee will convene an open
knowledge, expertise, or experience in individual who has knowledge, session at Captain James A. Lovell
federal crime victimization to apply to expertise, or experience in federal crime Federal Health Care Center; 30001
be appointed to the advisory group. An Green Bay Road, North Chicago, IL
victimization to apply to be appointed
applicant for membership in the Victims 60064, from 8:30 a.m. to 3:00 p.m. The
to the Victims Advisory Group by
Advisory Group should apply by agenda will include overview briefings
sending a letter of interest and resume sending a letter of interest and a resume
to the Commission as indicated in the from the Captain James A. Lovell
to the Commission as indicated in the Federal Health Care Center leadership
ADDRESSES section above.
addresses section below. Application on the facilities, programs,
materials should be received by the Authority: 28 U.S.C. 994(a), (o), (p), 995; demographics, women Veterans
Commission not later than October 31, USSC Rules of Practice and Procedure 5.4. programs, and other services available
2018. for Veterans. In the afternoon, the
William H. Pryor Jr.,
DATES: Application materials for Committee will reconvene a closed
daltland on DSKBBV9HB2PROD with NOTICES

Acting Chair.
membership in the Victims Advisory session, as it tours the Captain James A.
Group should be received not later than [FR Doc. 2018–18646 Filed 8–27–18; 8:45 am]
Lovell Federal Health Care Center.
October 31, 2018. BILLING CODE 2210–40–P On Wednesday, September 12, the
ADDRESSES: An applicant for Committee will convene closed
membership in the Victims Advisory sessions, as it tours the Chicago
Group should apply by sending a letter Regional Benefits Office (2122 West
of interest and resume to the Taylor Street Chicago, IL 60612) and the

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Document Created: 2018-08-28 00:23:11
Document Modified: 2018-08-28 00:23:11

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		83 FR 43956