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

Download as PDF amozie on DSK3GDR082PROD with NOTICES1 Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Notices to 28 U.S.C. 995 and Rule 5.4 of the Commission’s Rules of Practice and Procedure. Under the charter for the advisory group, the purpose of the advisory group is (1) to assist the Commission in carrying out its statutory responsibilities under 28 U.S.C. 994(o); (2) to provide to the Commission its views on the Commission’s activities and work, including proposed priorities and amendments; (3) to disseminate to defense attorneys, and to other professionals in the defense community, information regarding federal sentencing issues; and (4) to perform other related functions as the Commission requests. The advisory group consists of not more than 17 voting members, each of whom may serve not more than two consecutive three-year terms. Of those 17 voting members, one shall be Chair, one shall be Vice Chair, 12 shall be circuit members (one for each federal judicial circuit other than the Federal Circuit), and three shall be at-large members. To be eligible to serve as a voting member, an individual must be an attorney who (1) devotes a substantial portion of his or her professional work to advocating the interests of privatelyrepresented individuals, or of individuals represented by private practitioners through appointment under the Criminal Justice Act of 1964, within the federal criminal justice system; (2) has significant experience with federal sentencing or postconviction issues related to criminal sentences; and (3) is in good standing of the highest court of the jurisdiction or jurisdictions in which he or she is admitted to practice. Additionally, to be eligible to serve as a circuit member, the individual’s primary place of business or a substantial portion of his or her practice must be in the circuit concerned. Each voting member is appointed by the Commission. The Commission invites any individual who is eligible to be appointed to a voting membership covered by this notice (i.e., the circuit memberships for the Third, Fifth, Tenth, and Eleventh Circuits) to apply by sending a letter of interest and a resume to the Commission as indicated in the ADDRESSES section above. Authority: 28 U.S.C. 994(a), (o), (p), 995; USSC Rules of Practice and Procedure 5.4. William H. Pryor Jr., Acting Chair. [FR Doc. 2018–13936 Filed 6–27–18; 8:45 am] BILLING CODE 2210–40–P VerDate Sep<11>2014 17:08 Jun 27, 2018 Jkt 244001 UNITED STATES SENTENCING COMMISSION Proposed Priorities for Amendment Cycle United States Sentencing Commission. ACTION: Notice; Request for public comment. AGENCY: 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 pubaffairs@ussc.gov. 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, pubaffairs@ussc.gov. 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 SUMMARY: PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 30477 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 § 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 § 4A1.2(a)(2) as a result of differences in state practices. (8) Resolution of circuit conflicts as warranted, pursuant to the E:\FR\FM\28JNN1.SGM 28JNN1 30478 Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Notices 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 § 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 § 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 § 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] amozie on DSK3GDR082PROD with NOTICES1 BILLING CODE 2210–40–P VerDate Sep<11>2014 17:08 Jun 27, 2018 Jkt 244001 DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900–0821] Agency Information Collection Activity Under OMB Review: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Documents and Information Required for Specially Adapted Housing Assistive Technology Grant) and Scoring Criteria for SAH Assistive Technology Grants Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. AGENCY: In compliance with the Paperwork Reduction Act (PRA) of 1995, this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument. DATES: Comments must be submitted on or before July 30, 2018. ADDRESSES: Submit written comments on the collection of information through www.Regulations.gov, or to Office of Information and Regulatory Affairs, Office of Management and Budget, Attn: VA Desk Officer; 725 17th St. NW, Washington, DC 20503 or sent through electronic mail to oira_submission@ omb.eop_.gov. Please refer to ‘‘OMB Control No. 2900–0821’’ in any correspondence. FOR FURTHER INFORMATION CONTACT: Cynthia Harvey-Pryor, Office of Quality, Privacy and Risk (005R1B), Department of Veterans Affairs , 810 Vermont Avenue NW, Washington, DC 20420, (202) 461–5870 or email Cynthia.Haryey-Pryor@va.gov. Please refer to ‘‘OMB Control No. 2900–0821’’ in any correspondence. SUMMARY: PO 00000 Frm 00082 Fmt 4703 Sfmt 9990 SUPPLEMENTARY INFORMATION: Authority: Public Law 11–275; 38 U.S.C. 2108; 44 U.S.C. 3501–3521. Title: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Documents and Information Required for Specially Adapted Housing Assistive Technology Grant), VA Form 26–0967 and Scoring Criteria for SAH Assistive Technology Grants, VA Form 26–0967a. OMB Control Number: 2900–0821. Type of Review: Extension of a currently approved collection. Abstract: Title 38, U.S.C., chapter 21, authorizes a VA program of grants for specially adapted housing for disabled veterans or servicemembers. Section 2101(a) of this chapter specifically outlines those determinations that must be made by VA before such grant is approved for a particular veteran or servicemember. VA Form 26–0967 and VA Form 26–0967a are used to collect information that is necessary for VA to meet the requirements of 38 U.S.C. 2101(a). (Also, see 38 CFR 36.4402(a), 36–4404(a) and 36.4405.) An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The Federal Register Notice with a 60-day comment period soliciting comments on this collection of information was published at 83 FR 99 on May 22, 2018 and page 23767. Affected Public: Individuals or Households. Estimate: Annual Burden: 40 hours. Estimated Average Burden per Respondent: 120 minutes. Frequency of Response: One time. Estimated Number of Respondents: 20. By direction of the Secretary. Cynthia D. Harvey-Pryor, Department Clearance Officer, Office of Quality, Privacy and Risk, Department of Veterans Affairs. [FR Doc. 2018–13904 Filed 6–27–18; 8:45 am] BILLING CODE 8320–01–P E:\FR\FM\28JNN1.SGM 28JNN1

Agencies

[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.

-----------------------------------------------------------------------

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]
 BILLING CODE 2210-40-P