Proposed Priorities for Amendment Cycle, 24710-24711 [2025-10556]

Agencies

• United States Sentencing Commission

[Federal Register Volume 90, Number 111 (Wednesday, June 11, 2025)]
[Notices]
[Pages 24710-24711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10556]


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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 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, 
2026.

DATES: Public comment should be received by the Commission on or before 
July 18, 2025. 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 to identify possible policy 
priorities for the amendment cycle ending May 1, 2026. 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, 2026. 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 invites comment on the following proposed priorities 
for the amendment cycle ending May 1, 2026, including comment on any 
additional priorities commenters believe the Commission should consider 
in the upcoming amendment cycle and beyond, and comment proposing 
specific amendment text or research agendas that would address a given 
priority:
    (1) Examination of how the guidelines can provide courts with 
additional guidance on selecting the appropriate sentencing option 
(e.g., imprisonment, probation, or fine), and possible consideration of 
amendments that might be appropriate.
    (2) Further examination of the penalty structure for certain drug 
trafficking offenses under Sec.  2D1.1 (Unlawful Manufacturing, 
Importing, Exporting, or Trafficking (Including Possession with Intent 
to Commit These Offenses)), including (A) consideration of possible 
amendments addressing the purity distinctions for methamphetamine 
provided in the Drug Quantity Table and related application notes; and 
(B) consideration of other miscellaneous issues pertaining to drug 
trafficking offenses coming to the Commission's attention, such as 
possible statutory changes relating to fentanyl.
    (3) Examination of Sec.  2B1.1 (Theft, Property Destruction, and 
Fraud) and related guidelines to ensure the guidelines appropriately 
reflect the culpability of the individual and the harm to the victim, 
including (A) reassessing the role of actual loss, intended loss, and 
gain; (B) considering whether the loss table in Sec.  2B1.1 should be 
revised to simplify application or to adjust for inflation; (C) 
considering the application and impact of the victims table in Sec.  
2B1.1 and adjustments in Chapter Three, Part A (Victim-Related 
Adjustments), relating to victims; (D) considering the application and 
impact of adjustments in Chapter Three, Part B (Role in the Offense) 
relating to role in the offense; and (E) possible consideration of 
amendments that might be appropriate.
    (4) Continued examination of the career offender guidelines, 
including (A) evaluating the impact, feasibility, and uniformity in 
application of alternative approaches to the ``categorical approach'' 
through workshops, field testing, and updating the data analyses set 
forth in the Commission's 2016 report to Congress, titled Career 
Offender Sentencing Enhancements; and (B) possible consideration of 
amendments that might be appropriate.
    (5) Examination of whether the guidelines provide appropriate 
adjustments for good behavior, including examination of whether Sec.  
3E1.1 (Acceptance of Responsibility) and Sec.  5K1.1 (Substantial 
Assistance to Authorities) fully account for the variety of ways in 
which an individual may manifest acceptance of responsibility and 
provide substantial assistance, and possible consideration of 
amendments that might be appropriate.
    (6) Continued exploration of ways to simplify the Guidelines 
Manual, including (A) examining the operation of the grouping rules in 
Chapter Three, Part D (Multiple Counts); (B) examining the operation of 
specific provisions of Chapter Four, Part A (Criminal History); (C) 
examining the operation of Sec.  5G1.3 (Imposition of a Sentence on a 
Defendant Subject to an Undischarged Term of Imprisonment or 
Anticipated

[[Page 24711]]

State Term of Imprisonment); (D) evaluating infrequently applied 
specific offense characteristics and adjustments provisions throughout 
the Guidelines Manual; and (E) possible consideration of amendments 
that might be appropriate.
    (7) 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.
    (8) Implementation of any legislation warranting Commission action.
    (9) 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).
    (10) Consideration of other miscellaneous issues coming to the 
Commission's attention.
    Public comment should be sent to the Commission as indicated in the 
ADDRESSES section above.

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

Carlton W. Reeves,
Chair.
[FR Doc. 2025-10556 Filed 6-10-25; 8:45 am]
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