United States Sentencing Commission – Federal Register Recent Federal Regulation Documents

Sentencing Guidelines for United States Courts
Document Number: 2017-21820
Type: Notice
Date: 2017-10-11
Agency: United States Sentencing Commission, Agencies and Commissions
In August 2017, the Commission indicated that one of its policy priorities would be the ``[c]ontinuation of its multiyear study of offenses involving synthetic cathinones (such as methylone, MDPV, and mephedrone) and synthetic cannabinoids (such as JWH-018 and AM- 2201), as well as tetrahydrocannabinol (THC), fentanyl, and fentanyl analogues, and consideration of appropriate guideline amendments, including simplifying the determination of the most closely related substance under Application Note 6 of the Commentary to Sec. 2D1.1.'' See 82 FR 39949 (Aug. 22, 2017). As part of its continuing work on this priority, the Commission is publishing this request for public comment on issues related to fentanyl and fentanyl analogues. The issues for comment are set forth in the SUPPLEMENTARY INFORMATION portion of this notice.
Sentencing Guidelines for United States Courts
Document Number: 2017-18077
Type: Notice
Date: 2017-08-25
Agency: United States Sentencing Commission, Agencies and Commissions
In August 2017, the Commission indicated that one of its policy priorities would be the ``[c]ontinuation of its multiyear study of offenses involving synthetic cathinones (such as methylone, MDPV, and mephedrone) and synthetic cannabinoids (such as JWH-018 and AM- 2201), as well as tetrahydrocannabinol (THC), fentanyl, and fentanyl analogues, and consideration of appropriate guideline amendments, including simplifying the determination of the most closely related substance under Application Note 6 of the Commentary to Sec. 2D1.1.'' See 82 FR 39949 (Aug. 22, 2017). As part of its continuing work on this priority, the Commission is publishing this request for public comment on issues related to synthetic cathinones, tetrahydrocannabinol (THC), and synthetic cannabinoids. The issues for comment are set forth in the Supplementary Information portion of this notice.
Sentencing Guidelines for United States Courts
Document Number: 2017-18076
Type: Notice
Date: 2017-08-25
Agency: United States Sentencing Commission, Agencies and Commissions
The United States Sentencing Commission is considering promulgating amendments to the sentencing guidelines, policy statements, and commentary. This notice sets forth the proposed amendments and, for each proposed amendment, a synopsis of the issues addressed by that amendment. This notice also sets forth several issues for comment, some of which are set forth together with the proposed amendments, and one of which (regarding retroactive application of proposed amendments) is set forth in the Supplementary Information section of this notice.
Final Priorities for Amendment Cycle
Document Number: 2017-17754
Type: Notice
Date: 2017-08-22
Agency: United States Sentencing Commission, Agencies and Commissions
In June 2017, the Commission published a notice of proposed policy priorities for the amendment cycle ending May 1, 2018. See 82 FR 28381 (June 21, 2017). 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.
Proposed Priorities for Amendment Cycle
Document Number: 2017-12868
Type: Notice
Date: 2017-06-21
Agency: United States Sentencing Commission, Agencies and Commissions
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, 2018.
Sentencing Guidelines for United States Courts
Document Number: 2017-12867
Type: Notice
Date: 2017-06-21
Agency: United States Sentencing Commission, Agencies and Commissions
In August 2016, the Commission indicated that one of its policy priorities would be the ``[s]tudy of offenses involving MDMA/ Ecstasy, synthetic cannabinoids (such as JWH-018 and AM-2201), and synthetic cathinones (such as Methylone, MDPV, and Mephedrone), and consideration of any amendments to the Guidelines Manual that may be appropriate in light of the information obtained from such study.'' See 81 FR 58004 (Aug. 24, 2016). As part of its continuing work on this priority, the Commission is publishing this request for public comment on issues related to MDMA/Ecstasy and methylone, one of the synthetic cathinones included in the Commission's study. The issues for comment are set forth in the Supplementary Information portion of this notice.
Requests for Applications; Practitioners Advisory Group
Document Number: 2017-12866
Type: Notice
Date: 2017-06-21
Agency: United States Sentencing Commission, Agencies and Commissions
In view of upcoming vacancies in the voting membership of the Practitioners Advisory Group, the United States Sentencing Commission hereby invites any individual who is eligible to be appointed to one of the vacancies to apply. The voting memberships covered by this notice are two circuit memberships (for the Sixth Circuit and the Seventh Circuit) and one at-large membership. An applicant for voting membership of the Practitioners Advisory Group should apply by sending a letter of interest and resume to the Commission as indicated in the ADDRESSES section below. Application materials should be received by the Commission not later than August 25, 2017.
Sentencing Guidelines for United States Courts
Document Number: 2016-30493
Type: Notice
Date: 2016-12-19
Agency: United States Sentencing Commission, Agencies and Commissions
The United States Sentencing Commission is considering promulgating certain amendments to the sentencing guidelines, policy statements, and commentary. This notice sets forth the proposed amendments and, for each proposed amendment, a synopsis of the issues addressed by that amendment. This notice also sets forth a number of issues for comment, some of which are set forth together with the proposed amendments, and one of which (regarding retroactive application of proposed amendments) is set forth in the SUPPLEMENTARY INFORMATION portion of this notice.
Sentencing Guidelines for United States Courts
Document Number: 2016-30490
Type: Notice
Date: 2016-12-19
Agency: United States Sentencing Commission, Agencies and Commissions
In August 2016, the Commission indicated that one of its priorities would be the ``[s]tudy of offenses involving MDMA/Ecstasy, synthetic cannabinoids (such as JWH-018 and AM-2201), and synthetic cathinones (such as Methylone, MDPV, and Mephedrone), and consideration of any amendments to the Guidelines Manual that may be appropriate in light of the information obtained from such study.'' See 81 FR 58004 (Aug. 24, 2016). As part of its statutory authority and responsibility to analyze sentencing issues, including operation of the federal sentencing guidelines, the United States Sentencing Commission is publishing this issue for comment to inform the Commission's consideration of the issues related to this policy priority. The issue for comment is set forth in the Supplementary Information portion of this notice.
Request for Applications; Tribal Issues Advisory Group
Document Number: 2016-20247
Type: Notice
Date: 2016-08-24
Agency: United States Sentencing Commission, Agencies and Commissions
The Commission has decided to establish a Tribal Issues Advisory Group as a standing advisory group pursuant to 28 U.S.C. 995 and Rule 5.4 of the Commission's Rules of Practice and Procedure. Having adopted a formal charter for the Tribal Issues Advisory Group, the Commission is constituting the initial membership of the advisory group under that charter. Under the charter, the advisory group will consist of no more than 9 members. Of those 9 members, not more than 1 shall be a Federal judge; 2 shall be from the Executive Branch (one from the United States Department of Justice and one from the United States Department of the Interior); 1 shall be from a federal public defender organization or community defender organization; 1 shall be a tribal court judge; and not more than 4 shall be at-large members. To be eligible to serve as a member, an individual must have expertise, knowledge, and/or experience in the issues considered by the Tribal Issues Advisory Group. The Commission hereby invites any individual who is eligible to be appointed to the Federal judge membership, the tribal court judge membership, or the at- large membership of the Tribal Issues Advisory Group to apply. Application materials should be received by the Commission not later than October 24, 2016. An applicant for membership in the Tribal Issues Advisory Group should apply by sending a letter of interest and resume to the Commission as indicated in the ADDRESSES section below.
Final Priorities for Amendment Cycle
Document Number: 2016-20245
Type: Notice
Date: 2016-08-24
Agency: United States Sentencing Commission, Agencies and Commissions
In June 2016, the Commission published a notice of possible policy priorities for the amendment cycle ending May 1, 2017. See 81 FR 37241 (June 9, 2016). 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.
Request for Applications; Federal Public Defenders Advisory Group
Document Number: 2016-14384
Type: Notice
Date: 2016-06-17
Agency: United States Sentencing Commission, Agencies and Commissions
The Commission has decided to establish a Federal Public Defenders Advisory Group as a standing advisory group pursuant to 28 U.S.C. 995 and Rule 5.4 of the Commission's Rules of Practice and Procedure. Having adopted a formal charter for the Federal Public Defenders Advisory Group, the Commission is constituting the initial voting membership of the advisory group under that charter. Under the charter, the advisory group will consist of not more than 17 voting members. 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. As indicated in the SUPPLEMENTARY INFORMATION section below, to be eligible to serve as a voting member, an individual must be an attorney (1) from a federal public defender organization or community defender organization; (2) with significant experience with federal sentencing or post convictions issues related to criminal sentences; and (3) in good standing of the highest court of the jurisdiction or jurisdictions in which he or she is admitted to practice. All voting members are selected and appointed by the Commission. Circuit members must be from a federal public defender organization or federal community defender organization located within the circuit they are appointed to represent. The Commission hereby invites any individual who is eligible to be appointed to the initial voting membership of the Federal Public Defenders Advisory Group to apply. Application materials should be received by the Commission not later than August 8, 2016. An applicant for voting membership of the Federal Public Defenders Advisory Group should apply by sending a letter of interest and resume to the Commission as indicated in the ADDRESSES section below.
Proposed Priorities for Amendment Cycle
Document Number: 2016-13681
Type: Notice
Date: 2016-06-09
Agency: United States Sentencing Commission, Agencies and Commissions
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 priority policy issues for the amendment cycle ending May 1, 2017.
Requests for Applications; Practitioners Advisory Group
Document Number: 2016-13680
Type: Notice
Date: 2016-06-09
Agency: United States Sentencing Commission, Agencies and Commissions
In view of upcoming vacancies in the voting membership of the Practitioners Advisory Group, the United States Sentencing Commission hereby invites any individual who is eligible to be appointed to succeed such a voting member to apply. The voting memberships covered by this notice are two circuit memberships (for the Second Circuit and the Ninth Circuit) and two at-large memberships. Application materials should be received by the Commission not later than August 8, 2016. An applicant for voting membership of the Practitioners Advisory Group should apply by sending a letter of interest and resume to the Commission as indicated in the addresses section below.
Sentencing Guidelines for United States Courts
Document Number: 2016-10431
Type: Notice
Date: 2016-05-05
Agency: United States Sentencing Commission, Agencies and Commissions
Pursuant to its authority under 28 U.S.C. 994(p), the Commission has promulgated amendments to the sentencing guidelines, policy statements, commentary, and statutory index. This notice sets forth the amendments and the reason for each amendment.
Rules of Practice and Procedure
Document Number: 2016-07264
Type: Notice
Date: 2016-03-31
Agency: United States Sentencing Commission, Agencies and Commissions
This notice sets forth proposed amendments to the Commission's Rules of Practice and Procedure. The Commission invites public comment on these proposed amendments.
Sentencing Guidelines for United States Courts
Document Number: 2016-01587
Type: Notice
Date: 2016-01-27
Agency: United States Sentencing Commission, Agencies and Commissions
Pursuant to its authority under 28 U.S.C. 994(p), the Commission has promulgated an amendment to the Guidelines Manual. This notice sets forth the amendment and the reason for the amendment.
Sentencing Guidelines for United States Courts
Document Number: 2016-00766
Type: Notice
Date: 2016-01-15
Agency: United States Sentencing Commission, Agencies and Commissions
Pursuant to section 994(a), (o), and (p) of title 28, United States Code, the United States Sentencing Commission is considering promulgating certain amendments to the sentencing guidelines, policy statements, and commentary. This notice sets forth the proposed amendments and, for each proposed amendment, a synopsis of the issues addressed by that amendment. This notice also sets forth a number of issues for comment, some of which are set forth together with the proposed amendments, and one of which (regarding retroactive application of proposed amendments) is set forth in the SUPPLEMENTARY INFORMATION portion of this notice. The proposed amendments and issues for comment in this notice are as follows: (1) A multi-part proposed amendment to the Guidelines Manual to respond to recently enacted legislation and miscellaneous guideline issues, including (A) revisions to Appendix A (Statutory Index) to respond to new offenses established by the Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act (USA FREEDOM Act) of 2015, Public Law 114-23 (June 2, 2015), and related issues for comment; (B) revisions to Appendix A (Statutory Index) to respond to changes made by the Bipartisan Budget Act of 2015, Public Law 114-74 (Nov. 2, 2015), to existing criminal statutes, and related issues for comment; (C) a revision to Appendix A (Statutory Index) to reference offenses under 18 U.S.C. 1715 (Firearms as nonmailable items) to Sec. 2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition; Prohibited Transactions Involving Firearms or Ammunition) and a revision to Sec. 2K2.1 to establish a base offense level for such offenses, and a related issue for comment; and (D) a technical amendment to the Background Commentary to Sec. 2T1.6 (Failing to Collect or Truthfully Account for and Pay Over Tax); (2) a two-part proposed amendment to the policy statement pertaining to ``compassionate release,'' Sec. 1B1.13 (Reduction in Term of Imprisonment as a Result of Motion by Director of Bureau of Prisons), including (A) a detailed request for comment on whether any changes should be made to the policy statement and (B) a proposed amendment illustrating one possible set of changes to the policy statement, i.e., to reflect the criteria set forth in the program statement used by the Bureau of Prisons; (3) a proposed amendment to Sec. Sec. 5B1.3 (Conditions of Probation) and 5D1.3 (Conditions of Supervised Release) to revise, clarify, and rearrange the provisions in the Guidelines Manual on conditions of probation and supervised release, and related issues for comment; (4) a proposed amendment to Sec. 2E3.1 (Gambling; Animal Fighting Offenses) to provide higher penalties for animal fighting offenses and to respond to two new offenses relating to attending an animal fighting venture that were established by section 12308 of the Agricultural Act of 2014, Public Law 113-79 (Feb. 7, 2014), and related issues for comment; (5) a proposed amendment to the child pornography guidelines, Sec. Sec. 2G2.1 (Sexually Exploiting a Minor by Production of Sexually Explicit Visual or Printed Material; Custodian Permitting Minor to Engage in Sexually Explicit Conduct; Advertisement for Minors to Engage in Production), 2G2.2 (Trafficking in Material Involving the Sexual Exploitation of a Minor; Receiving, Transporting, Shipping, Soliciting, or Advertising Material Involving the Sexual Exploitation of a Minor; Possessing Material Involving the Sexual Exploitation of a Minor with Intent to Traffic; Possessing Material Involving the Sexual Exploitation of a Minor), and 2G2.6 (Child Exploitation Enterprises), to address circuit conflicts and application issues that have arisen when applying these guidelines, including issues in (A) application of the vulnerable victim adjustment when the offense involves minors who are unusually young and vulnerable (such as infants or toddlers) and (B) application of the tiered distribution enhancement and, in particular, determining the appropriate tier of enhancement to apply when the offense involves a peer-to-peer file-sharing program or network, and related issues for comment; and (6) a multi-part proposed amendment to the guidelines for immigration offenses, including (A) revisions to Sec. 2L1.1 (Smuggling, Transporting, or Harboring an Unlawful Alien) to provide options for raising the base offense level for alien smuggling offenses and address offenses involving unaccompanied minors in alien smuggling offenses, and a related issue for comment, and (B) revisions to Sec. 2L1.2 (Unlawfully Entering or Remaining in the United States) to (i) generally reduce the use of the ``categorical approach'' in applying the guidelines by measuring the seriousness of a defendant's prior conviction by the length of the sentence imposed on the prior conviction rather than by the type of offense (e.g., ``crime of violence''); (ii) provide higher alternative base offense levels for defendants who have one or more prior convictions for illegal reentry offenses; (iii) provide a new tiered enhancement for defendants who engage in criminal conduct after reentering the United States; (iv) correspondingly reduce the existing tiered enhancement at subsection (b)(1) for defendants who had one or more prior convictions before being deported; and (v) related issues for comment.
Sentencing Guidelines for United States Courts
Document Number: 2015-28879
Type: Notice
Date: 2015-11-13
Agency: United States Sentencing Commission, Agencies and Commissions
On August 17, 2015, the United States Sentencing Commission published a notice in the Federal Register (80 FR 49314) requesting comment regarding a proposed amendment to the sentencing guidelines and commentary. The proposed amendment and issues for comment published in the notice were as follows: A proposed amendment to revise the ``crime of violence'' and ``drug trafficking offense'' definitions in the career offender guideline and the illegal reentry guideline, including (A) A proposed amendment to Sec. 4B1.2 (Definitions of Terms Used in Section 4B1.1) to delete the residual clause and revise the list of enumerated offenses in the ``crime of violence'' definition, (B) a proposed amendment to Sec. 4B1.2 to implement an additional requirement related to the state felony classification in determining whether an offense qualifies as a felony under Sec. 4B1.2, and (C) corresponding changes to the ``crime of violence'' and ``drug trafficking offense'' definitions in Sec. 2L1.2 (Unlawfully Entering or Remaining in the United States) to bring them more into parallel with the definitions at Sec. 4B1.2, and related issues for comment. The Commission further requested comment regarding retroactive application of the proposed amendment. The Commission is issuing this notice to advise the public that the period for public comment has been extended to November 25, 2015. The deadline was initially November 12, 2015.
Request for Applications; Victims Advisory Group
Document Number: 2015-28849
Type: Notice
Date: 2015-11-13
Agency: United States Sentencing Commission, Agencies and Commissions
In view of upcoming vacancies in the membership of the Victims Advisory Group, the United States Sentencing Commission hereby invites any individual who has knowledge, expertise, and/or experience in the area of federal crime victimization to apply to be appointed to the membership of the advisory group. Applications should be received by the Commission not later than December 28, 2015. An applicant for membership of the Victims Advisory Group should apply by sending a letter of interest and r[eacute]sum[eacute] to the Commission as indicated in the ADDRESSES section below.
Proposed Priorities for Amendment Cycle
Document Number: 2015-15622
Type: Notice
Date: 2015-06-25
Agency: United States Sentencing Commission, Agencies and Commissions
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 priority policy issues for the amendment cycle ending May 1, 2016.
Sentencing Guidelines for United States Courts
Document Number: 2015-10516
Type: Notice
Date: 2015-05-05
Agency: United States Sentencing Commission, Agencies and Commissions
Pursuant to its authority under 28 U.S.C. 994(p), the Commission has promulgated amendments to the sentencing guidelines, policy statements, commentary, and statutory index. This notice sets forth the amendments and the reason for each amendment.
Sentencing Guidelines for United States Courts
Document Number: 2015-00665
Type: Notice
Date: 2015-01-16
Agency: United States Sentencing Commission, Agencies and Commissions
Pursuant to section 994(a), (o), and (p) of title 28, United States Code, the United States Sentencing Commission is considering promulgating certain amendments to the sentencing guidelines, policy statements, and commentary. This notice sets forth the proposed amendments and, for each proposed amendment, a synopsis of the issues addressed by that amendment. This notice also sets forth a number of issues for comment, some of which are set forth together with the proposed amendments; one of which is set forth independent of any proposed amendment; and one of which (regarding retroactive application of proposed amendments) is set forth in the Supplementary Information portion of this notice. The proposed amendments and issues for comment in this notice are as follows: (1) a proposed amendment to make certain technical changes to the Guidelines Manual, including (A) technical changes to reflect the editorial reclassification of certain sections of the United States Code, (B) stylistic and technical changes to the Commentary following Sec. 3D1.5 (Determining the Total Punishment) captioned ``Illustrations of the Operation of the Multiple-Count Rules'' to better reflect its purpose as a concluding commentary to Part D of Chapter Three, and (C) clerical changes to Sec. 2D1.11 (Unlawful Distributing, Importing, Exporting or Possessing a Listed Chemical; Attempt or Conspiracy) and to the commentary of other guidelines; (2) a proposed amendment to Sec. 4A1.2 (Definitions and Instructions for Computing Criminal History) to respond to a circuit conflict regarding the meaning of the ``single sentence'' rule and its implications for the career offender guideline and other guidelines that use predicate offenses, and related issues for comment; (3) a proposed amendment to Sec. 1B1.3 (Relevant Conduct (Factors that Determine the Guideline Range)) to provide more guidance on the use of ``jointly undertaken criminal activity'' in determining relevant conduct under the guidelines, and a related issue for comment on whether the Commission should make changes for policy reasons to the operation of ``jointly undertaken criminal activity''; (4) a proposed amendment to revise the monetary tables throughout the Guidelines Manual, including options for amending the monetary tables in the guidelines to adjust for inflation, conforming changes to other guidelines that refer to monetary tables, and related issues for comment; (5) a proposed amendment to Sec. 3B1.2 (Mitigating Role) to respond to a circuit conflict regarding what determining the ``average participant'' requires, to revise the Commentary to state that certain individuals who perform limited functions in criminal activity may receive a mitigating role adjustment, and to provide a non-exhaustive list of factors for the court to consider in determining whether to apply a mitigating role adjustment and the amount of the adjustment, and a related issue for comment on the application of the mitigating role adjustment; (6) a detailed request for comment on offenses in which controlled substances are colored, packaged, or flavored in ways to appear to be designed to attract use by children; (7) a proposed amendment to Sec. 2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy) to address the new statutory penalty structure for offenses involving hydrocodone and hydrocodone combination products in light of recent administrative actions by the Food and Drug Administration and the Drug Enforcement Administration, and a related issue for comment; and (8) a proposed amendment to Sec. 2B1.1 (Theft, Property, Destruction, and Fraud), including (A) options to revise the definition of ``intended loss'' at Sec. 2B1.1, comment. (n.3(A)(ii)), (B) options to address the impact of the victims table in Sec. 2B1.1(b)(2), (C) a proposed amendment to revise the specific offense characteristic for sophisticated means in subsection (b)(10)(C), and (D) a proposed amendment to address offenses involving fraud on the market and related offenses, and related issues for comment.
Request for Applications; Tribal Issues Advisory Group
Document Number: 2014-28155
Type: Notice
Date: 2014-11-28
Agency: United States Sentencing Commission, Agencies and Commissions
The Commission has decided to establish a Tribal Issues Advisory Group as an ad hoc advisory group pursuant to 28 U.S.C. 995 and Rule 5.4 of the Commission's Rules of Practice and Procedure. Having adopted a formal charter for the Tribal Issues Advisory Group, the Commission is constituting the at-large voting membership of the advisory group under that charter. To be eligible to serve as an at- large voting member, an individual must have expertise, knowledge, and/ or experience in the issues considered by the Tribal Issues Advisory Group as indicated in the SUPPLEMENTARY INFORMATION section below. The Commission hereby invites any individual who is eligible to be appointed to the at-large voting membership of the Tribal Issues Advisory Group to apply. Applications should be received by the Commission not later than January 9, 2015. Applications may be sent to the Commission as indicated in the ADDRESSES section below.
Final Priorities for Amendment Cycle
Document Number: 2014-19766
Type: Notice
Date: 2014-08-20
Agency: United States Sentencing Commission, Agencies and Commissions
In June 2014, the Commission published a notice of possible policy priorities for the amendment cycle ending May 1, 2015. See 79 FR 31409 (June 2, 2014). 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.
Possible Formation of Tribal Issues Advisory Group
Document Number: 2014-19765
Type: Notice
Date: 2014-08-20
Agency: United States Sentencing Commission, Agencies and Commissions
The Commission is interested in forming a new Tribal Issues Advisory Group, on an ad hoc or continuing basis, or establishing other means to study issues that have been raised in recent years related to the operation of the federal sentencing guidelines in Indian Country and areas that have significant American Indian population. Therefore, the Commission hereby requests comment on the merits of forming such a group, including comment on the scope, duration, and potential membership of any such advisory group.
Sentencing Guidelines for United States Courts
Document Number: 2014-19764
Type: Notice
Date: 2014-08-20
Agency: United States Sentencing Commission, Agencies and Commissions
On April 30, 2014, the Commission submitted to the Congress amendments to the sentencing guidelines and official commentary, which become effective on November 1, 2014, unless Congress acts to the contrary. Such amendments and the reasons for amendment subsequently were published in the Federal Register. 79 FR 25996 (May 6, 2014). The Commission has made technical and conforming amendments, set forth in this notice, to commentary provisions and policy statements related to those amendments.
Sentencing Guidelines for the United States Courts
Document Number: 2014-18147
Type: Notice
Date: 2014-08-01
Agency: United States Sentencing Commission, Agencies and Commissions
The Sentencing Commission hereby gives notice of an amendment to a policy statement and commentary made pursuant to its authority under 28 U.S.C. 994(a) and (u). The Commission promulgated an amendment to Policy Statement Sec. 1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range) clarifying when, and to what extent, a sentencing reduction is considered consistent with the policy statement and therefore authorized under 18 U.S.C. 3582(c)(2). The amendment expands the listing in Sec. 1B1.10(d) (as redesignated by Amendment 1 of the amendments submitted to Congress on April 30, 2014) to include Amendment 782 (Amendment 3 of the amendments submitted to Congress on April 30, 2014) as an amendment that may be available for retroactive application. The amendment also inserts a new subsection (e) to the policy statement with a special instruction requiring that any order granting sentence reductions based on Amendment 782 shall not take effect until November 1, 2015, or later, and adds a new application note to Sec. 1B1.10 to explain and clarify this special instruction.
Proposed Priorities for Amendment Cycle
Document Number: 2014-12619
Type: Notice
Date: 2014-06-02
Agency: United States Sentencing Commission, Agencies and Commissions
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 priority policy issues for the amendment cycle ending May 1, 2015.
Request for Applications; Practitioners Advisory Group
Document Number: 2014-12618
Type: Notice
Date: 2014-06-02
Agency: United States Sentencing Commission, Agencies and Commissions
Because the terms of certain voting members of the Practitioners Advisory Group are expiring as of October 2014, the United States Sentencing Commission hereby invites any individual who is eligible to be appointed to succeed such a voting member to apply. The voting memberships covered by this notice are two circuit memberships (for the Fourth Circuit and the Eight Circuit). Applications should be received by the Commission not later than August 1, 2014. Applications may be sent to the Commission as indicated in the addresses section below.
Requests for Nominations; Victims Advisory Group
Document Number: 2014-12617
Type: Notice
Date: 2014-06-02
Agency: United States Sentencing Commission, Agencies and Commissions
In view of existing vacancies in the membership of the Victims Advisory Group, the United States Sentencing Commission hereby invites any individual who has knowledge, expertise, and/or experience in the area of federal crime victimization to apply to be appointed to the membership of the advisory group. Applications should be received by the Commission not later than July 2, 2014. Applications may be sent to the Commission as indicated in the addresses section below.
Sentencing Guidelines for United States Courts
Document Number: 2014-10264
Type: Notice
Date: 2014-05-06
Agency: United States Sentencing Commission, Agencies and Commissions
The United States Sentencing Commission hereby gives notice of the following actions: (1) Pursuant to its authority under 28 U.S.C. 994(p), the Commission has promulgated amendments to the sentencing guidelines, policy statements, commentary, and statutory index. This notice sets forth the amendments and the reason for each amendment. (2) Amendment 3, pertaining to drug offenses, has the effect of lowering guideline ranges. The Commission requests comment regarding whether that amendment, or any part thereof, should be included in subsection (c) of Sec. 1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)) as an amendment that may be applied retroactively to previously sentenced defendants. This notice sets forth the request for comment.
Sentencing Guidelines for United States Courts
Document Number: 2014-00882
Type: Notice
Date: 2014-01-17
Agency: United States Sentencing Commission, Agencies and Commissions
Pursuant to section 994(a), (o), and (p) of title 28, United States Code, the United States Sentencing Commission is considering promulgating certain amendments to the sentencing guidelines, policy statements, and commentary. This notice sets forth the proposed amendments and, for each proposed amendment, a synopsis of the issues addressed by that amendment. This notice also sets forth a number of issues for comment, some of which are set forth together with the proposed amendments; some of which are set forth independent of any proposed amendment; and one of which (regarding retroactive application of proposed amendments) is set forth in the Supplementary Information portion of this notice. The proposed amendments and issues for comment in this notice are as follows: (1) a proposed amendment to Sec. 1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)) to respond to two circuit conflicts involving the effect of a mandatory minimum sentence on the guideline range in resentencing proceedings under 18 U.S.C. Sec. 3582(c)(2); (2) a proposed amendment to respond to the new and expanded criminal offenses and increased statutory penalties provided by the Violence Against Women Reauthorization Act of 2013, Public Law 113-B4 (March 7, 2013), including (A) options to amend Sec. Sec. 2A2.2 (Aggravated Assault), 2A2.3 (Minor Assault), and 2A6.2 (Stalking or Domestic Violence) to address statutory changes to 18 U.S.C. Sec. Sec. 113, 2261, 2261A, and 2262, and (B) options to amend Appendix A (Statutory Index) to address certain offenses established or affected by that Act, including 18 U.S.C. Sec. 113, 1153, 1597, and 2423; 8 U.S.C. Sec. 1375a; and 47 U.S.C. Sec. 223, and related issues for comment; (3) a proposed amendment to the guidelines applicable to drug offenses, including (A) a detailed request for comment on whether any changes should be made to the Drug Quantity Table in Sec. 2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy) across drug types; (B) a proposed amendment that illustrates one possible set of changes to the Drug Quantity Table in Sec. 2D1.1, together with conforming changes to the chemical quantity tables in Sec. 2D1.11 (Unlawfully Distributing, Importing, Exporting or Possessing a Listed Chemical; Attempt or Conspiracy); and (C) an issue for comment on whether the guidelines adequately address the environmental and other harms of drug production operations (including, in particular, the cultivation of marihuana) on public lands or while trespassing on private property; (4) a proposed amendment to Sec. 2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition; Prohibited Transactions Involving Firearms or Ammunition) to clarify how principles of relevant conduct apply in cases in which the defendant is convicted of a firearms offense (e.g., being a felon in possession of a firearm) in two situations: first, when the defendant unlawfully possessed one firearm on one occasion and a different firearm on another occasion (but was not necessarily convicted of the second offense); and second, when the defendant unlawfully possessed a firearm and also used a firearm in connection with another offense, such as robbery or attempted murder (but was not necessarily convicted of the other offense), and related issues for comment; (5) a proposed amendment to Sec. 2L1.1 (Smuggling, Transporting, or Harboring an Unlawful Alien) to address cases in which aliens are transported through dangerous terrain, e.g., along the southern border of the United States, and related issues for comment; (6) a proposed amendment to address differences among the circuits in the calculation of the guideline range of supervised release under Sec. 5D1.2 (Term of Supervised Release) in two situations: first, when there is a statutory minimum term of supervised release; and second, when the instant offense of conviction is failure to register as a sex offender under 18 U.S.C. Sec. 2250, and related issues for comment; and (7) a proposed amendment to Sec. 5G1.3 (Imposition of a Sentence on a Defendant Subject to an Undischarged Term of Imprisonment) to address certain types of cases in which the defendant is subject to an undischarged term of imprisonment, including (A) a proposed change requiring the court to account for an undischarged term of imprisonment that is relevant conduct to the instant federal offense of conviction but does not result in a Chapter Two or Chapter Three increase; (B) a proposed change allowing the court to account for an undischarged state term of imprisonment that is anticipated but not yet imposed; and (C) a proposed change allowing the court to adjust the sentence if the defendant is a deportable alien who is likely to be deported after imprisonment and is serving an undischarged term of imprisonment that resulted from an unrelated offense, and related issues for comment.
Sentencing Guidelines for United States Courts
Document Number: 2013-20360
Type: Notice
Date: 2013-08-21
Agency: United States Sentencing Commission, Agencies and Commissions
On April 30, 2013, the Commission submitted to the Congress amendments to the sentencing guidelines and official commentary, which become effective on November 1, 2013, unless Congress acts to the contrary. Such amendments and the reasons for amendment subsequently were published in the Federal Register. 78 FR 26425 (May 6, 2013). The Commission has made technical and conforming amendments, set forth in this notice, to commentary provisions and policy statements related to those amendments.
Sentencing Guidelines for United States Courts
Document Number: 2013-20356
Type: Notice
Date: 2013-08-21
Agency: United States Sentencing Commission, Agencies and Commissions
In May 2013, the Commission published a notice of possible policy priorities for the amendment cycle ending May 1, 2014. See 78 FR 32533 (May 30, 2013). 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.
Sentencing Guidelines for United States Courts
Document Number: 2013-14438
Type: Notice
Date: 2013-06-18
Agency: United States Sentencing Commission, Agencies and Commissions
Because the terms of certain voting members of the Practitioners Advisory Group are expiring as of October 2013, the United States Sentencing Commission hereby invites any individual who is eligible to be appointed to succeed such a voting member to apply. The voting memberships covered by this notice are three circuit memberships (for the Third Circuit, the Ninth Circuit, and the District of Columbia Circuit). Applications should be received by the Commission not later than August 19, 2013. Applications may be sent to the address listed below.
Sentencing Guidelines for United States Courts
Document Number: 2013-12865
Type: Notice
Date: 2013-05-30
Agency: United States Sentencing Commission, Agencies and Commissions
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 priority policy issues for the amendment cycle ending May 1, 2014.
Sentencing Guidelines for United States Courts
Document Number: 2013-10678
Type: Notice
Date: 2013-05-06
Agency: United States Sentencing Commission, Agencies and Commissions
Pursuant to its authority under 28 U.S.C. 994(p), the Commission has promulgated amendments to the sentencing guidelines, policy statements, commentary, and statutory index. This notice sets forth the amendments and the reason for each amendment.
Sentencing Guidelines for United States Courts
Document Number: 2013-01085
Type: Notice
Date: 2013-01-18
Agency: United States Sentencing Commission, Agencies and Commissions
Pursuant to section 994(a), (o), and (p) of title 28, United States Code, the United States Sentencing Commission is considering promulgating certain amendments to the sentencing guidelines, policy statements, and commentary. This notice sets forth the proposed amendments and, for each proposed amendment, a synopsis of the issues addressed by that amendment. This notice also sets forth a number of issues for comment, some of which are set forth together with the proposed amendments; some of which are set forth independent of any proposed amendment; and one of which (regarding retroactive application of proposed amendments) is set forth in the SUPPLEMENTARY INFORMATION portion of this notice. The proposed amendments and issues for comment in this notice are as follows: (1) A proposed amendment to Sec. 2B1.1 (Theft, Property Destruction, and Fraud) regarding offenses involving pre-retail medical products to implement the directive in the SAFE DOSES Act, Public Law 112-186 (October 5, 2012), and a related issue for comment; (2) an issue for comment on the directive in section 3 of the Foreign and Economic Espionage Penalty Enhancement Act of 2012, Public Law 112 , relating to offenses involving stolen trade secrets or economic espionage; (3) proposed changes to the guidelines applicable to offenses involving counterfeit or adulterated drugs or counterfeit military parts, including (A) a proposed amendment on offenses involving counterfeit military goods and services, including options to amend Sec. 2B5.3 (Criminal Infringement of Copyright or Trademark) or Appendix A (Statutory Index) with respect to such offenses to address the statutory changes to 18 U.S.C. 2320 made by section 818 of the National Defense Authorization Act for Fiscal Year 2012, Public Law 112-81 (December 31, 2011); (B) a proposed amendment on offenses involving counterfeit drugs, including options to amend Sec. 2B5.3 or Appendix A with respect to such offenses to address the statutory changes to 18 U.S.C. 2320, and to implement the directive to the Commission, in section 717 of the Food and Drug Administration Safety and Innovation Act, Public Law 112-144 (July 9, 2012); and (C) a proposed amendment on offenses involving adulterated drugs, including options to amend Sec. 2N2.1 (Violations of Statutes and Regulations Dealing With Any Food, Drug, Biological Product, Device, Cosmetic, Agricultural Product, or Consumer Product) or Appendix A with respect to such offenses to address the statutory changes to 21 U.S.C. 333 in section 716 of such Act; and related issues for comment; (4) a proposed amendment to Sec. 2T1.1 (Tax Evasion; Willful Failure to File Return, Supply Information, or Pay Tax; Fraudulent or False Returns, Statements, or Other Documents) to respond to a circuit conflict over whether a sentencing court, in calculating the tax loss in a tax case, may subtract the unclaimed deductions that the defendant legitimately could have claimed if he or she had filed an accurate tax return, and related issues for comment; (5) a proposed amendment and issues for comment in response to two circuit conflicts relating to the circumstances under which the defendant is eligible for a third level of reduction under subsection (b) of Sec. 3E1.1 (Acceptance of Responsibility), including (A) a proposed amendment to Sec. 3E1.1 to respond to a circuit conflict over whether the court has discretion to deny the third level of reduction when the government has filed the motion described in subsection (b), which would recognize that the court does have such discretion; and (B) an issue for comment on a circuit conflict over whether the government has discretion to withhold making a motion under subsection (b) when there is no evidence that the government was required to prepare for trial; (6) a proposed amendment to Sec. 5G1.3 (Imposition of a Sentence on a Defendant Subject to an Undischarged Term of Imprisonment) to respond to Setser v. United States, U.S. (March 28, 2012), which held that a federal court in imposing sentence generally has discretion to order that the sentence run consecutive to (or concurrently with) an anticipated, but not yet imposed, term of imprisonment; and (7) a proposed amendment and related issue for comment in response to miscellaneous issues arising from legislation recently enacted and to address technical and stylistic issues in the guidelines, including (A) proposed changes to Appendix A (Statutory Index) to address certain criminal provisions in the Federal Aviation Administration Modernization and Reform Act of 2012, Public Law 112-95 (February 14, 2012); the Child Protection Act of 2012, Public Law 112-206 (December 7, 2012); the Federal Restricted Buildings and Grounds Improvement Act of 2011, Public Law 112-98 (March 8, 2012); and the Ultralight Aircraft Smuggling Prevention Act of 2012, Public Law 112-93 (February 10, 2012); (B) a proposed change to Appendix A (Statutory Index) to address offenses under 18 U.S.C. 554; (C) proposed changes to guidelines in Chapter Two, Part J (Offenses Involving the Administration of Justice) to address an application issue involving the interaction of those guidelines with adjustments in Chapter Three, Part C (Obstruction and Related Adjustments); and (D) technical and stylistic changes.
Sentencing Guidelines for United States Courts
Document Number: 2012-29098
Type: Notice
Date: 2012-12-03
Agency: United States Sentencing Commission, Agencies and Commissions
Because a voting membership of the Practitioners Advisory Group has become vacant before the expiration of the term, the United States Sentencing Commission hereby invites any individual who is eligible to be appointed to complete the unexpired term to apply. See section 2(c) of the charter for the advisory group (``When a voting membership becomes vacant before the expiration of the term, an appointment shall, wherever practicable, be made to complete the unexpired term.''). The voting membership covered by this notice is the circuit membership for the Sixth Circuit, and the individual appointed would complete the remainder of the unexpired term, which expires as of October 2014. Applications should be received by the Commission not later than February 1, 2013. Applications may be sent to the address listed below.
Sentencing Guidelines for United States Courts
Document Number: 2012-20791
Type: Notice
Date: 2012-08-23
Agency: United States Sentencing Commission, Agencies and Commissions
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.
Sentencing Guidelines for United States Courts
Document Number: 2012-20786
Type: Notice
Date: 2012-08-23
Agency: United States Sentencing Commission, Agencies and Commissions
On April 30, 2012, the Commission submitted to the Congress amendments to the sentencing guidelines and official commentary, which become effective on November 1, 2012, unless Congress acts to the contrary. Such amendments and the reasons for amendment subsequently were published in the Federal Register. 77 FR 28225 (May 11, 2012). The Commission has made technical and conforming amendments, set forth in this notice, to commentary provisions and policy statements related to those amendments.
Sentencing Guidelines for United States Courts
Document Number: 2012-12688
Type: Notice
Date: 2012-05-24
Agency: United States Sentencing Commission, Agencies and Commissions
In view of existing vacancies in the membership of the Victims Advisory Group, as well as anticipated vacancies in the membership of the advisory group because the terms of certain members are expiring as of December 2012, the Commission hereby invites any individual who has knowledge, expertise, and/or experience in the area of federal crime victimization to apply to be appointed to the membership of the advisory group. Applications should be received by the Commission not later than July 23, 2012. Applications may be sent to the address listed below.
Sentencing Guidelines for United States Courts
Document Number: 2012-12600
Type: Notice
Date: 2012-05-24
Agency: United States Sentencing Commission, Agencies and Commissions
Because the terms of certain voting members of the Practitioners Advisory Group are expiring as of October 2012, the United States Sentencing Commission hereby invites any individual who is eligible to be appointed to succeed such a voting member to apply. The voting memberships covered by this notice are four circuit memberships (for the First Circuit, Fifth Circuit, Tenth Circuit, and Eleventh Circuit) and one at-large membership. Applications should be received by the Commission not later than July 23, 2012. Applications may be sent to the address listed below.
Sentencing Guidelines for United States Courts
Document Number: 2012-886
Type: Notice
Date: 2012-01-19
Agency: United States Sentencing Commission, Agencies and Commissions
Pursuant to section 994(a), (o), and (p) of title 28, United States Code, the United States Sentencing Commission is considering promulgating certain amendments to the sentencing guidelines, policy statements, and commentary. This notice sets forth the proposed amendments and, for each proposed amendment, a synopsis of the issues addressed by that amendment. This notice also sets forth a number of issues for comment, some of which are set forth together with the proposed amendments; some of which are set forth independent of any proposed amendment; and one of which (regarding retroactive application of proposed amendments) is set forth in the SUPPLEMENTARY INFORMATION portion of this notice. The proposed amendments and issues for comment in this notice are as follows: (1) A proposed amendment on fraud and related offenses, including (A) An issue for comment in response to the issue of harm to the public and financial markets, as raised by each of two directives to the Commission in section 1079A of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111-203; (B) a proposed change to Sec. 2B1.4 (Insider Trading) to implement the directive in section 1079A(a)(1) of that Act, and related issues for comment on insider trading, securities fraud, and similar offenses; (C) proposed changes to Sec. 2B1.1 (Theft, Property Destruction, and Fraud) regarding mortgage fraud offenses to implement the directive in section 1079A(a)(2) of that Act, and a related issue for comment on mortgage fraud and financial institution fraud; and (D) issues for comment on the impact of the loss table in Sec. 2B1.1(b)(1) and the victims table in Sec. 2B1.1(b)(2) in cases involving relatively large loss amounts; (2) a proposed amendment on offenses involving controlled substances and chemical precursors, including (A) an issue for comment on offenses involving N-Benzylpiperazine (BZP); and (B) a proposed change to Sec. 2D1.11 (Unlawfully Distributing, Importing, Exporting or Possessing a Listed Chemical; Attempt or Conspiracy) that would create a guidelines ``safety valve'' provision for offenses involving chemical precursors that would be analogous to the provision in Sec. 2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy); (3) a proposed amendment on human rights offenses, including (A) a proposed guideline applicable to human rights offenses; (B) proposed changes to Sec. 2L2.1 (Trafficking in a Document Relating to Naturalization, Citizenship, or Legal Resident Status, or a United States Passport; False Statement in Respect to the Citizenship or Immigration Status of Another; Fraudulent Marriage to Assist Alien to Evade Immigration Law) and Sec. 2L2.2 (Fraudulently Acquiring Documents Relating to Naturalization, Citizenship, or Legal Resident Status for Own Use; False Personation or Fraudulent Marriage by Alien to Evade Immigration Law; Fraudulently Acquiring or Improperly Using a United States Passport) to address cases in which the offense of conviction is for immigration or naturalization fraud but the defendant had committed a serious human rights offense; and (C) related issues for comment on human rights offenses; (4) a proposed amendment to Sec. 2L1.2 (Unlawfully Entering or Remaining in the United States) to respond to a circuit conflict over application of the term ``sentence imposed'' in that guideline when the defendant's original ``sentence imposed'' was lengthened after the defendant was deported; (5) a proposed amendment presenting options for specifying the types of documents that may be considered in determining whether a particular prior conviction fits within a particular category of crimes for purposes of specific guideline provisions, and related issues for comment; (6) a proposed amendment to Sec. 4A1.2 (Definitions and Instructions for Computing Criminal History) to respond to an application issue regarding when a defendant's prior sentence for driving while intoxicated or driving under the influence (and similar offenses by whatever name they are known) is counted toward the defendant's criminal history score; (7) a proposed amendment to Sec. 4B1.2 (Definitions of Terms Used in Section 4B1.1) to respond to differences among the circuits on when, if at all, burglary of a non- dwelling qualifies as a crime of violence for purposes of the guidelines, and related issues for comment; (8) a proposed amendment to Sec. 5G1.2 (Sentencing on Multiple Counts of Conviction) to respond to an application issue regarding the applicable guideline range in a case in which the defendant is sentenced on multiple counts of conviction, at least one of which involves a mandatory minimum sentence that is greater than the minimum of the otherwise applicable guideline range; (9) a proposed amendment to Sec. 5K2.19 (Post-Sentencing Rehabilitative Efforts) to respond to Pepper v. United States, 131 S.Ct. 1229 (2011), which held, among other things, that a defendant's post-sentencing rehabilitative efforts may be considered when the defendant is resentenced after appeal; and (10) a proposed amendment in response to miscellaneous issues arising from legislation recently enacted, including (A) proposed changes to Sec. 2P1.2 (Providing or Possessing Contraband in Prison) to respond to the Cell Phone Contraband Act of 2010, Public Law 111-225, and (B) proposed changes to Appendix A (Statutory Index) to address certain criminal provisions in the Prevent All Cigarette Trafficking Act of 2009, Public Law 111-154, the Indian Arts and Crafts Amendments Act of 2010, Public Law 111-211, the Animal Crush Video Prohibition Act of 2010, Public Law 111-294, and certain other statutes, and a related issue for comment.
Sentencing Guidelines for United States Courts
Document Number: 2011-24201
Type: Notice
Date: 2011-09-21
Agency: United States Sentencing Commission, Agencies and Commissions
In July 2011, the Commission published a notice of possible policy priorities for the amendment cycle ending May 1, 2012. See 76 FR 45007 (July 17, 2011). 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.
Sentencing Guidelines for United States Courts
Document Number: 2011-24193
Type: Notice
Date: 2011-09-21
Agency: United States Sentencing Commission, Agencies and Commissions
On April 28, 2011, the Commission submitted to the Congress amendments to the sentencing guidelines and official commentary, which become effective on November 1, 2011, unless Congress acts to the contrary. Such amendments and the reasons for amendment subsequently were published in the Federal Register. 76 FR 24960 (May 3, 2011). The Commission has made technical and conforming amendments, set forth in this notice, to commentary provisions related to those amendments.
Sentencing Guidelines for United States Courts
Document Number: 2011-18931
Type: Notice
Date: 2011-07-27
Agency: United States Sentencing Commission, Agencies and Commissions
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 priority policy issues for the amendment cycle ending May 1, 2012.
Sentencing Guidelines for the United States Courts
Document Number: 2011-17640
Type: Notice
Date: 2011-07-13
Agency: United States Sentencing Commission, Agencies and Commissions
The Sentencing Commission hereby gives notice of an amendment to a policy statement and commentary made pursuant to its authority under 28 U.S.C. 994(a) and (u). The Commission promulgated an amendment to Policy Statement 1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range) clarifying when, and to what extent, a sentencing reduction is considered consistent with the policy statement and therefore authorized under 18 U.S.C. 3582(c)(2). The amendment amends 1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range) (Policy Statement) in four ways. First, it expands the listing in 1B1.10(c) to include Amendment 750 (Parts A and C only) as an amendment that may be applied retroactively. Second, it amends 1B1.10 to change the limitations that apply in cases in which the term of imprisonment was less than the minimum of the applicable guideline range at the time of sentencing. Third, it amends the commentary to 1B1.10 to address an application issue about what constitutes the ``applicable guideline range'' for purposes of 1B1.10. Fourth, it adds an application note to 1B1.10 to specify that the court shall use the version of 1B1.10 that is in effect on the date on which the court reduces the defendant's term of imprisonment as provided by 18 U.S.C. 3582(c)(2).
Sentencing Guidelines for United States Courts
Document Number: 2011-16494
Type: Notice
Date: 2011-06-30
Agency: United States Sentencing Commission, Agencies and Commissions
Because the terms of certain voting members of the Practitioners Advisory Group are expiring as of October 2011, the United States Sentencing Commission hereby invites any individual who is eligible to be appointed to succeed such a voting member to apply. The voting memberships covered by this notice are two circuit memberships (for the Sixth Circuit and Seventh Circuit). Applications should be received by the Commission not later than August 29, 2011. Applications may be sent to the address listed below.