United States Sentencing Commission – Federal Register Recent Federal Regulation Documents

Sentencing Guidelines for United States Courts
Document Number: 2023-28317
Type: Notice
Date: 2023-12-26
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.
Request for Applications; Tribal Issues Advisory Group
Document Number: 2023-23499
Type: Notice
Date: 2023-10-25
Agency: United States Sentencing Commission, Agencies and Commissions
In view of two upcoming vacancies in the at-large membership of the Tribal Issues Advisory Group, the United States Sentencing Commission hereby invites any individual who is eligible to be appointed to the at-large membership of the Tribal Issues Advisory Group to apply. 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. Application materials should be received by the Commission not later than December 26, 2023.
Sentencing Guidelines for the United States Courts
Document Number: 2023-18977
Type: Notice
Date: 2023-09-01
Agency: United States Sentencing Commission, Agencies and Commissions
The Sentencing Commission hereby gives notice of an amendment to the policy statement and commentary in the Guidelines Manual that provides for a reduction in a defendant's term of imprisonment as a result of an amended guideline range. The amendment includes Parts A and B, Subpart 1 of Amendment 821 (Amendment 8 of the amendments submitted to Congress on April 27, 2023) in the policy statement as an amendment that may be available for retroactive application. The amendment also provides a special instruction requiring that any order granting sentence reductions based on Part A or Part B, Subpart 1 of Amendment 821 shall not take effect until February 1, 2024, or later.
Final Priorities for Amendment Cycle
Document Number: 2023-18976
Type: Notice
Date: 2023-09-01
Agency: United States Sentencing Commission, Agencies and Commissions
In June 2023, the Commission published a notice of proposed policy priorities for the amendment cycle ending May 1, 2024. 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: 2023-12991
Type: Notice
Date: 2023-06-20
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 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.
Request for Applications; Tribal Issues Advisory Group
Document Number: 2023-11307
Type: Notice
Date: 2023-05-26
Agency: United States Sentencing Commission, Agencies and Commissions
In view of an upcoming vacancy in the at-large membership of the Tribal Issues Advisory Group, the United States Sentencing Commission hereby invites any individual who is eligible to be appointed to the at-large membership of the Tribal Issues Advisory Group to apply. 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. Application materials should be received by the Commission not later than July 31, 2023.
Sentencing Guidelines for United States Courts
Document Number: 2023-09332
Type: Notice
Date: 2023-05-03
Agency: United States Sentencing Commission, Agencies and Commissions
The United States Sentencing Commission hereby gives notice that the Commission has promulgated amendments to the sentencing guidelines, policy statements, commentary, and statutory index; and the Commission requests comment regarding whether Parts A and B of Amendment 8, relating to ``status points'' and certain offenders with zero criminal history points, should be included in the Guidelines Manual as an amendment that may be applied retroactively to previously sentenced defendants. This notice sets forth the text of the amendments and the reason for each amendment, and the request for comment regarding Parts A and B of Amendment 8.
Sentencing Guidelines for United States Courts
Document Number: 2023-01346
Type: Notice
Date: 2023-02-02
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: 2022-24546
Type: Notice
Date: 2022-11-09
Agency: United States Sentencing Commission, Agencies and Commissions
In October 2022, the Commission published a notice of proposed policy priorities for the amendment cycle ending May 1, 2023. 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.
Requests for Applications; Practitioners Advisory Group
Document Number: 2022-21559
Type: Notice
Date: 2022-10-05
Agency: United States Sentencing Commission, Agencies and Commissions
In view of existing 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 three circuit memberships (for the Seventh, Eighth, and Ninth Circuits) 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 December 2, 2022.
Proposed Priorities for Amendment Cycle
Document Number: 2022-21551
Type: Notice
Date: 2022-10-05
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, 2023.
Requests for Applications; Practitioners Advisory Group
Document Number: 2019-14392
Type: Notice
Date: 2019-07-08
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 Second Circuit and the District of Columbia 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 September 6, 2019.
Sentencing Guidelines for United States Courts
Document Number: 2018-27505
Type: Notice
Date: 2018-12-20
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 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.
Request for Applications; Tribal Issues Advisory Group
Document Number: 2018-20311
Type: Notice
Date: 2018-09-19
Agency: United States Sentencing Commission, Agencies and Commissions
In view of an upcoming vacancy in the at-large membership of the Tribal Issues Advisory Group, the United States Sentencing Commission hereby invites any individual who is eligible to be appointed to the at-large membership of the Tribal Issues Advisory Group to apply. 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. Application materials should be received by the Commission not later than November 19, 2018.
Final Priorities for Amendment Cycle
Document Number: 2018-18647
Type: Notice
Date: 2018-08-28
Agency: United States Sentencing Commission, Agencies and Commissions
In June 2018, the Commission published a notice of proposed policy priorities for the amendment cycle ending May 1, 2019. See 83 FR 30477 (June 28, 2018). 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; Victims Advisory Group
Document Number: 2018-18646
Type: Notice
Date: 2018-08-28
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, or experience in federal crime victimization to apply to be appointed to the advisory group. An applicant for membership in the Victims 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 October 31, 2018.
Proposed Priorities for Amendment Cycle
Document Number: 2018-13937
Type: Notice
Date: 2018-06-28
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, 2019.
Requests for Applications; Practitioners Advisory Group
Document Number: 2018-13936
Type: Notice
Date: 2018-06-28
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 the circuit memberships for the Third, Fifth, Tenth, and Eleventh Circuits. 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 31, 2018.
Sentencing Guidelines for United States Courts
Document Number: 2018-09549
Type: Notice
Date: 2018-05-07
Agency: United States Sentencing Commission, Agencies and Commissions
Pursuant to its authority, 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: 2018-01328
Type: Notice
Date: 2018-01-26
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 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.
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.
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