Proposed Priorities for Amendment Cycle, 39907-39908 [2023-12991]

Agencies

• United States Sentencing Commission

[Federal Register Volume 88, Number 117 (Tuesday, June 20, 2023)]
[Notices]
[Pages 39907-39908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12991]


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UNITED STATES SENTENCING COMMISSION


Proposed Priorities for Amendment Cycle

AGENCY: United States Sentencing Commission.

ACTION: Notice; request for 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 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, 
2024.

DATES: Public comment should be received by the Commission on or before 
August 1, 2023. Any public comment received after the close of the 
comment period may not be considered.

ADDRESSES: There are two methods for submitting public comment.
    Electronic Submission of Comments. Comments may be submitted 
electronically via the Commission's Public Comment Submission Portal at 
https://comment.ussc.gov. Follow the online instructions for submitting 
comments.
    Submission of Comments by Mail. Comments may be submitted by mail 
to the following address: United States Sentencing Commission, One 
Columbus Circle NE, Suite 2-500, Washington, DC 20002-8002, Attention: 
Public Affairs--Priorities Comment.

FOR FURTHER INFORMATION CONTACT: Jennifer Dukes, Senior Public Affairs 
Specialist, (202) 502-4597.

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 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 identifying the possible policy 
priorities that the Commission expects to focus on during the amendment 
cycle ending May 1, 2024. While continuing to address legislation or 
other matters requiring more immediate action, the Commission has 
decided to limit its consideration of specific guidelines amendments 
for this amendment cycle. Instead, in light of the 40th anniversary of 
the Sentencing Reform Act, the Commission anticipates undertaking a 
number of projects examining the degree to which current sentencing, 
penal, and correctional practices are effective in meeting the purposes 
of sentencing as set forth in the Sentencing Reform Act. See 28 U.S.C. 
991(b)(2). The Commission expects to continue work on many of these 
priorities beyond the upcoming amendment cycle. The Commission invites 
comment on the proposed priorities set forth below, along with any 
additional priorities commenters believe the Commission should consider 
in the upcoming amendment cycle and beyond. Public comment should be 
sent to the Commission as indicated in the ADDRESSES section above.
    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 proposed priorities for the amendment cycle ending May 1, 2024, 
are as follows:
    (1) Assessing the degree to which certain practices of the Bureau 
of Prisons are effective in meeting the purposes of sentencing as set 
forth in 18 U.S.C. 3553(a)(2) and considering any appropriate responses 
including possible consideration of recommendations or amendments.
    (2) Promotion of court-sponsored diversion and alternatives-to-
incarceration programs by expanding the availability of information and 
organic documents pertaining to existing programs (e.g., Pretrial 
Opportunity Program, Conviction And Sentence Alternatives (CASA) 
Program, Special Options Services (SOS) Program) through the 
Commission's website and possible workshops and seminars sharing best 
practices for developing, implementing, and assessing such programs.
    (3) Examination of the Guidelines Manual, including exploration of 
ways to simplify the guidelines and possible consideration of 
amendments that might be appropriate.
    (4) Continuation of its multiyear study of the Guidelines Manual to 
address case law concerning the validity and enforceability of 
guideline commentary.
    (5) Continued examination of the career offender guidelines, 
including (A) updating the data analyses and statutory recommendations 
set forth in the Commission's 2016 report to Congress, titled Career 
Offender Sentencing Enhancements; (B) devising and conducting workshops 
to discuss the scope and impact of the career offender guidelines, 
including discussion of possible alternative approaches to the 
``categorical approach'' in determining whether an offense is a ``crime 
of violence'' or a ``controlled substance offense''; and (C) possible 
consideration of amendments that might be appropriate.
    (6) Examination of the treatment of youthful offenders under the 
Guidelines Manual, including possible consideration of amendments that 
might be appropriate.
    (7) Implementation of any legislation warranting Commission action.
    (8) Resolution of circuit conflicts as warranted, pursuant to the 
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 coming to the 
Commission's attention.
    (10) Further examination of federal sentencing practices on a 
variety of issues, possibly including: (A) the prevalence and nature of 
drug trafficking offenses involving methamphetamine; (B) drug 
trafficking offenses resulting in death or serious bodily injury; (C) 
comparison of sentences imposed in cases disposed of through trial 
versus plea; (D) continuation of the Commission's studies regarding 
recidivism; and (E) other areas of federal sentencing in need of 
additional research.
    (11) Additional issues identified during the comment period.

[[Page 39908]]

    Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and 
Procedure 2.2, 5.2.

Carlton W. Reeves,
Chair.
[FR Doc. 2023-12991 Filed 6-16-23; 8:45 am]
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