Justia Regulation Tracker

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[Federal Register: September 27, 2006 (Volume 71, Number 187)]
[Notices]               
[Page 56578]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se06-149]                         

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UNITED STATES SENTENCING COMMISSION

 
Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Notice of final priorities.

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SUMMARY: In August 2006, the Commission published a notice of possible 
policy priorities for the amendment cycle ending May 1, 2007. See 77 FR 
44344 (August 4, 2006). 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: 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).
    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, 2007, and possibly continuing into the 
amendment cycle ending May 1, 2008. 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 or all of its identified priorities by the statutory deadline of 
May 1, 2007. Accordingly, it may be necessary to continue work on any 
or all of these issues beyond the amendment cycle ending on May 1, 
2007.
    As so prefaced, the Commission has identified the following 
priorities:
    (1) Implementation of crime legislation enacted during the 109th 
Congress warranting a Commission response, including (A) the Adam Walsh 
Child Protection and Safety Act of 2006, Pub. L. 109-248; (B) the Stop 
Counterfeiting in Manufactured Goods Act, Pub. L. 109-181; (C) the USA 
PATRIOT Improvement and Reauthorization Act of 2005, Pub. L. 109-177; 
(D) the Trafficking Victims Protection Reauthorization of 2005, Pub. L. 
109-164; (E) the Violence Against Women and Department of Justice 
Reauthorization Act of 2005, Pub. L. 109-162; (F) the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users, Pub. L. 109-59; and (G) 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, and continuation of its 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 Sec. Sec.  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, including holding a hearing on this issue 
and reevaluating the Commission's 2002 report to Congress, Cocaine and 
Federal Sentencing Policy;
    (5) Beginning of a guideline simplification effort to develop and 
consider possible options that might improve the overall effectiveness 
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);
    (7) Continuation of its policy work to implement 28 U.S.C. 994(t), 
specifically regarding the development of further commentary to Sec.  
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.

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

Ricardo H. Hinojosa,
Chair.
[FR Doc. E6-15783 Filed 9-26-06; 8:45 am]

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