Justia Regulation Tracker

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[Federal Register: July 31, 2007 (Volume 72, Number 146)]
[Notices]               
[Page 41795-41796]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy07-126]                         

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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, 2008.

DATES: Public comment should be received on or before August 23, 2007.

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, 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 of the tentative priorities by the 
statutory deadline of May 1, 2008. Accordingly, it may be necessary to 
continue work on some of these issues beyond the amendment cycle ending 
on May 1, 2008.
    As so prefaced, the Commission has identified the following 
tentative priorities:
    (1) Implementation of crime legislation enacted during the 110th 
Congress warranting a Commission response, including (A) the Animal 
Fighting Prohibition Enforcement Act of 2007, Public Law 110(22 ; and 
(B) any other legislation authorizing statutory penalties or creating 
new offenses that requires incorporation into the guidelines.
    (2) Continuation of its work with Congress and other interested 
parties on cocaine sentencing policy to implement the recommendations 
set forth in the Commission's 2002 and 2007 reports to Congress, both 
entitled Cocaine and Federal Sentencing Policy, and to develop 
appropriate guideline amendments in response to any related 
legislation.
    (3) 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 and United States v. 
Rita, including any appropriate amendments to the guidelines or other 
changes to the Guidelines Manual to reflect those decisions, as well as 
continuation of its monitoring and analysis of post-Booker federal 
sentencing practices, data, case law, and other feedback, including 
reasons for departures and variances stated by sentencing courts.
    (4) 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.
    (5) Continuation of its policy work, in light of the Commission's 
prior and ongoing research on criminal history, to develop and consider 
possible options that might improve the operation of Chapter Four 
(Criminal History).
    (6) Continuation of guideline simplification efforts with 
consideration and possible development of options that might improve 
the operation of the sentencing guidelines.
    (7) 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.
    (8) Preparation and dissemination, pursuant to the Commission's 
authority under 28 U.S.C. 995(a)(12)-(16), of research reports on 
various aspects of federal sentencing policy and practice, including 
information on any amendments that might be appropriate in response to 
those reports.
    The Commission hereby gives notice that it is seeking comment on 
these tentative priorities and on any other

[[Page 41796]]

issues that interested persons believe the Commission should address 
during the amendment cycle ending May 1, 2008. Further, with respect to 
items (7) and (8), the Commission requests specific comment regarding 
what circuit conflict issues it should address and what research topics 
it should consider.
    To the extent practicable, public comment 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. E7-14829 Filed 7-30-07; 8:45 am]

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