Justia Regulation Tracker

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[Federal Register: August 4, 2006 (Volume 71, Number 150)]
[Notices]               
[Page 44344-44345]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04au06-118]                         

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UNITED STATES SENTENCING COMMISSION

 
Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Notice of proposed priorities; 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 Commission is seeking comment on possible 
priority policy issues for the amendment cycle ending May 1, 2007.

DATES: Public comment should be received on or before September 1, 
2006.

ADDRESSES: Send comments to: 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: Michael Courlander, Public Affairs 
Officer, Telephone: (202) 502-4590.

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, 2007. 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 of the tentative priorities by the 
statutory deadline of May 1, 2007. Accordingly, it may be necessary to 
continue work on some of these issues beyond the amendment cycle ending 
on May 1, 2007.
    As so prefaced, the Commission has identified the following 
tentative priorities:
    (1) Implementation of crime legislation enacted during the 109th 
Congresses warranting a Commission response, including (A) the Stop 
Counterfeiting in Manufactured Goods Act, Pub. L. 109-181; (B) the USA 
PATRIOT Improvement and Reauthorization Act of 2005, Pub. L. 109-177; 
(C) the Violence Against Women and Department of Justice 
Reauthorization Act of 2005, Pub. L. 109-162; (D) the Trafficking 
Victims Protection Reauthorization of 2005, Pub. L. 109-164; (E) the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users, Pub. L. 109-59; and (F) other legislation authorizing 
statutory penalties, creating new offenses, or pertaining to victims, 
that requires incorporation into the guidelines;
    (2) Continuation of its work with the congressional, executive, and 
judicial branches of the government and other interested parties on 
appropriate responses to United States v. Booker, including any 
appropriate guideline changes in light of the Commission's 2006 report 
to Congress, Final Report on the Impact of United States v. Booker on 
Federal Sentencing, as well as its continued analysis of post-Booker 
data, case law, and other feedback, including reasons for departures 
and variances stated by sentencing courts;
    (3) Continuation of its policy work regarding immigration offenses, 
specifically, offenses sentenced under 2L1.1 (Smuggling, Transporting, 
or Harboring an Unlawful Alien) and 2L1.2 (Unlawfully Entering or 
Remaining in the United States) and implementation of any immigration 
legislation that may be enacted;
    (4) Continuation of its work with the congressional, executive, and 
judicial branches of the government and other interested parties on 
cocaine sentencing policy, to possibly include a hearing on this issue 
and a reevaluation of the Commission's 2002 report to Congress, Cocaine 
and Federal Sentencing Policy;
    (5) Consideration and possible development of guideline 
simplification options that might improve the operation of the 
sentencing guidelines;
    (6) Continuation of its policy work, in light of the Commission's 
prior research on criminal history, to develop and consider possible 
options that might improve the operation of Chapter Four (Criminal 
History);

[[Page 44345]]

    (7) Continuation of its policy work to implement 28 U.S.C. 994(t), 
specifically regarding the development of further commentary to 1B1.13 
(Reduction in Term of Imprisonment as a Result of Motion by Director of 
Bureau of Prisons); and
    (8) Resolution of a number 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.
    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, 2007, including short- and long-term research 
issues. To the extent practicable, comments submitted on such issues 
should include the following: (1) A statement of the issue, including 
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.

Ricardo H. Hinojosa,
Chair.
 [FR Doc. E6-12649 Filed 8-3-06; 8:45 am]

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