Notice2022-21551
Proposed Priorities for Amendment Cycle
Primary source
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Published
October 5, 2022
Issuing agencies
United States Sentencing Commission
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 192 (Wednesday, October 5, 2022)</title>
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[Federal Register Volume 87, Number 192 (Wednesday, October 5, 2022)]
[Notices]
[Pages 60438-60439]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21551]
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UNITED STATES SENTENCING COMMISSION
Proposed Priorities for Amendment Cycle
AGENCY: United States Sentencing Commission.
ACTION: Notice; request for public comment.
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SUMMARY: As part of its statutory authority and responsibility to
analyze sentencing issues, including operation of the federal
sentencing guidelines, and in accordance with 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.
DATES: Public comment should be received by the Commission on or before
October 17, 2022.
ADDRESSES: Comments should be sent to the Commission by electronic mail
or
[[Page 60439]]
regular mail. The email address is <a href="/cdn-cgi/l/email-protection#99e9ecfbf8fffff8f0ebead9eceaeafab7fef6ef"><span class="__cf_email__" data-cfemail="3f4f4a5d5e59595e564d4c7f4a4c4c5c11585049">[email protected]</span></a>. The regular
mail address is United States Sentencing Commission, One Columbus
Circle NE, Suite 2-500, South Lobby, Washington, DC 20002-8002,
Attention: Public Affairs--Priorities Comment.
FOR FURTHER INFORMATION CONTACT: Jennifer Dukes, Senior Public Affairs
Specialist, (202) 502-4500, <a href="/cdn-cgi/l/email-protection#ff8f8a9d9e99999e968d8cbf8a8c8c9cd1989089"><span class="__cf_email__" data-cfemail="0f7f7a6d6e69696e667d7c4f7a7c7c6c21686079">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The United States Sentencing Commission is
an independent agency in the judicial branch of the United States
Government. The Commission promulgates sentencing guidelines and policy
statements for federal sentencing courts pursuant to 28 U.S.C. 994(a).
The Commission also periodically reviews and revises previously
promulgated guidelines pursuant to 28 U.S.C. 994(o) and submits
guideline amendments to the Congress not later than the first day of
May each year pursuant to 28 U.S.C. 994(p).
The Commission provides this notice to identify possible policy
priorities for the amendment cycle ending May 1, 2023. Other factors,
such as legislation requiring Commission action, may affect the
Commission's ability to complete work on any or all identified
priorities by May 1, 2023. Accordingly, the Commission may continue
work on any or all identified priorities after that date or may decide
not to pursue one or more identified priorities. The Commission invites
comment on the proposed priorities set forth below. Public comment
should be sent to the Commission as indicated in the ADDRESSES section
above.
Pursuant to 28 U.S.C. 994(g), the Commission intends to consider
the issue of reducing costs of incarceration and overcapacity of
prisons, to the extent it is relevant to any identified priority.
The proposed priorities for the amendment cycle ending May 1, 2023,
are as follows:
(1) Consideration of possible amendments to Sec. 1B1.13 (Reduction
in Term of Imprisonment Under 18 U.S.C. 3582(c)(1)(A) (Policy
Statement)) to (A) implement the First Step Act of 2018 (Pub. L. 115-
391); and (B) further describe what should be considered extraordinary
and compelling reasons for sentence reductions under 18 U.S.C.
3582(c)(1)(A).
(2) Consideration of possible amendments to Sec. 2D1.1 (Unlawful
Manufacturing, Importing, Exporting, or Trafficking (Including
Possession with Intent to Commit These Offenses), Sec. 2D1.11
(Unlawfully Distributing, Importing, Exporting or Possessing a Listed
Chemical; Attempt or Conspiracy), Sec. 5C1.2 (Limitation on
Applicability of Statutory Minimum Sentences in Certain Cases), and
related provisions in the Guidelines Manual, to implement the First
Step Act of 2018 (Pub. L. 115-391).
(3) Consideration of possible amendments to Sec. 2K2.1 (Unlawful
Receipt, Possession, or Transportation of Firearms or Ammunition;
Prohibited Transactions Involving Firearms or Ammunition) to (A)
implement the Bipartisan Safer Communities Act (Pub. L. 117-159); and
(B) make any other changes that may be warranted to appropriately
address firearms offenses.
(4) Resolution of circuit conflicts as warranted, pursuant to the
Commission's authority under 28 U.S.C. 991(b)(1)(B) and Braxton v.
United States, 500 U.S. 344 (1991), including the circuit conflicts
concerning (A) whether the government may withhold a motion pursuant to
subsection (b) of Sec. 3E1.1 (Acceptance of Responsibility) because a
defendant moved to suppress evidence; and (B) whether an offense must
involve a substance controlled by the Controlled Substances Act (21
U.S.C. 801 et seq.) to qualify as a ``controlled substance offense''
under subsection (b) of Sec. 4B1.2 (Definitions of Terms Used in
Section 4B1.1).
(5) Implementation of any legislation warranting Commission action.
(6) Continuation of its multiyear work on Sec. 4B1.2 (Definitions
of Terms Used in Section 4B1.1), including possible amendments to (A)
provide an alternative approach to the ``categorical approach'' in
determining whether an offense is a ``crime of violence'' or a
``controlled substance offense''; and (B) address various application
issues, including the meaning of ``robbery'' and ``extortion,'' and the
treatment of inchoate offenses and offenses involving an offer to sell
a controlled substance.
(7) In light of the Commission's studies on recidivism,
consideration of possible amendments to the Guidelines Manual relating
to criminal history to address (A) the impact of ``status'' points
under subsection (d) of Sec. 4A1.1 (Criminal History Category); and
(B) the treatment of defendants with zero criminal history points.
(8) Consideration of possible amendments to the Guidelines Manual
addressing 28 U.S.C. 994(j).
(9) Consideration of possible amendments to the Guidelines Manual
to prohibit the use of acquitted conduct in applying the guidelines.
(10) Multiyear study of the Guidelines Manual to address case law
concerning the validity and enforceability of guideline commentary.
(11) Continuation of its multiyear examination of the structure of
the guidelines post-Booker to simplify the guidelines while promoting
the statutory purposes of sentencing.
(12) Multiyear study of court-sponsored diversion and alternatives-
to-incarceration programs (e.g., Pretrial Opportunity Program,
Conviction And Sentence Alternatives (CASA) Program, Special Options
Services (SOS) Program), including consideration of possible amendments
to the Guidelines Manual that might be appropriate.
(13) Consideration of other miscellaneous issues, including
possible amendments to (A) Sec. 3D1.2 (Grouping of Closely Related
Counts) to address the interaction between Sec. 2G1.3 (Promoting a
Commercial Sex Act or Prohibited Sexual Conduct with a Minor;
Transportation of Minors to Engage in a Commercial Sex Act or
Prohibited Sexual Conduct; Travel to Engage in Commercial Sex Act or
Prohibited Sexual Conduct with a Minor; Sex Trafficking of Children;
Use of Interstate Facilities to Transport Information about a Minor)
and Sec. 3D1.2(d); and (B) Sec. 5F1.7 (Shock Incarceration Program
(Policy Statement)) to reflect that the Bureau of Prisons no longer
operates a shock incarceration program.
Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and
Procedure 5.2.
Carlton W. Reeves,
Chair.
[FR Doc. 2022-21551 Filed 10-4-22; 8:45 am]
BILLING CODE 2210-40-P
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