Sentencing Guidelines for United States Courts, 51113 [2012-20791]

Agencies

• United States Sentencing Commission

[Federal Register Volume 77, Number 164 (Thursday, August 23, 2012)]
[Notices]
[Page 51113]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20791]


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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 May 2012, the Commission published a notice of possible 
policy priorities for the amendment cycle ending May 1, 2013. See 77 FR 
31069 (May 24, 2012). 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: Jeanne Doherty, Public Affairs 
Officer, 202-502-4502.

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, 2013. 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, 2013. Accordingly, it may be necessary to continue work on any 
or all of these issues beyond the amendment cycle ending on May 1, 
2013.
    As so prefaced, the Commission has identified the following 
priorities:
    (1) Continuation of its work with Congress and other interested 
parties on statutory mandatory minimum penalties to implement the 
recommendations set forth in the Commission's 2011 report to Congress, 
titled Mandatory Minimum Penalties in the Federal Criminal Justice 
System, and to develop appropriate guideline amendments in response to 
any related legislation.
    (2) Continuation of its work with the congressional, executive, and 
judicial branches of government, and other interested parties, to study 
the manner in which United States v. Booker, 543 U.S. 220 (2005), and 
subsequent Supreme Court decisions have affected federal sentencing 
practices, the appellate review of those practices, and the role of the 
federal sentencing guidelines. The Commission anticipates that it will 
issue a report with respect to its findings, possibly including (A) an 
evaluation of the impact of those decisions on the federal sentencing 
guideline system; (B) recommendations for legislation regarding federal 
sentencing policy; (C) an evaluation of the appellate standard of 
review applicable to post-Booker federal sentencing decisions; and (D) 
possible consideration of amendments to the federal sentencing 
guidelines. The Commission also intends to work with the judicial 
branch and other interested parties to develop enhanced methods for 
collecting and disseminating information and data about the use of 
variances and the specific reasons for imposition of such sentences 
under 18 U.S.C. 3553(a).
    (3) Continuation of its review of child pornography offenses and 
report to Congress as a result of such review. It is anticipated that 
any such report would include (A) a review of the incidence of, and 
reasons for, departures and variances from the guideline sentence; (B) 
a compilation of studies on, and analysis of, recidivism by child 
pornography offenders; and (C) possible recommendations to Congress on 
any statutory and/or guideline changes that may be appropriate.
    (4) Continuation of its work on economic crimes, including (A) a 
comprehensive, multi-year study of Sec.  2B1.1 (Theft, Property 
Destruction, and Fraud) and related guidelines, including examination 
of the loss table and the definition of loss, and (B) consideration of 
any amendments to such guidelines that may be appropriate in light of 
the information obtained from such study.
    (5) Continuation of its multi-year study of the statutory and 
guideline definitions of ``crime of violence'', ``aggravated felony'', 
``violent felony'', and ``drug trafficking offense'', possibly 
including recommendations to Congress on any statutory changes that may 
be appropriate and development of guideline amendments that may be 
appropriate in response to any related legislation.
    (6) Undertaking a comprehensive, multi-year study of recidivism, 
including (A) examination of circumstances that correlate with 
increased or reduced recidivism; (B) possible development of 
recommendations for using information obtained from such study to 
reduce costs of incarceration and overcapacity of prisons; and (C) 
consideration of any amendments to the Guidelines Manual that may be 
appropriate in light of the information obtained from such study.
    (7) Resolution 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) Implementation of the Food and Drug Administration Safety and 
Innovation Act, Public Law 112-144, and any other crime legislation 
enacted during the 111th or 112th Congress warranting a Commission 
response.
    (9) Consideration of (A) whether any amendments to the Guidelines 
Manual may be appropriate in light of Setser v. United States, 132 S. 
Ct. 1463, ---- U.S. ---- (March 28, 2012); and
    (B) any miscellaneous guideline application issues coming to the 
Commission's attention from case law and other sources.

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

Patti B. Saris,
Chair.
[FR Doc. 2012-20791 Filed 8-22-12; 8:45 am]
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