Proposed Priorities for Amendment Cycle, 30477-30478 [2018-13937]

Agencies

• United States Sentencing Commission

[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Notices]
[Pages 30477-30478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13937]


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UNITED STATES SENTENCING COMMISSION


Proposed Priorities for Amendment Cycle

AGENCY: United States Sentencing Commission.

ACTION: Notice; 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 United States Sentencing Commission is 
seeking comment on possible policy priorities for the amendment cycle 
ending May 1, 2019.

DATES: Public comment should be received by the Commission on or before 
August 10, 2018.

ADDRESSES: Comments should be sent to the Commission by electronic mail 
or regular mail. The email address is [email protected]. The regular 
mail address is 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: 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 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, 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 tentative 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) A multiyear study of synthetic drug offenses committed by 
organizational defendants, including possible consideration of 
amendments to Chapter Eight (Sentencing Organizations) to address such 
offenses.
    (3) 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.
    (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 Sec.  4A1.2(k) for 
violations of conditions of supervision for conduct that does not 
constitute a federal, state, or local offense punishable by a term of 
imprisonment; and (B) whether unwarranted sentencing disparities arise 
under the single sentence rule at Sec.  4A1.2(a)(2) as a result of 
differences in state practices.
    (8) Resolution of circuit conflicts as warranted, pursuant to the

[[Page 30478]]

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 (A) 
possible amendments to the commentary of Sec.  1B1.10 (Reduction in 
Term of Imprisonment as a Result of Amended Guideline Range (Policy 
Statement)) in light of Koons v. United States, No. 17-5716 (June 4, 
2018); (B) study of the operation of Sec.  5H1.6 (Family Ties and 
Responsibilities (Policy Statement)) with respect to the loss of 
caretaking or financial support of minors; and (C) study of whether 
Sec.  1B1.13 (Reduction in Term of Imprisonment Under 18 U.S.C. 
3582(c)(1)(A) (Policy Statement)) effectively encourages the Director 
of the Bureau of Prisons to file a motion for compassionate release 
when ``extraordinary and compelling reasons'' exist.
    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, 2019. To the extent practicable, public comment 
should include the following: (1) A statement of the issue, including, 
where appropriate, the 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.

William H. Pryor Jr.,
Acting Chair.
[FR Doc. 2018-13937 Filed 6-27-18; 8:45 am]
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