Notice2023-12991
Proposed Priorities for Amendment Cycle
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 20, 2023
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 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.
Full Text
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<title>Federal Register, Volume 88 Issue 117 (Tuesday, June 20, 2023)</title>
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[Federal Register Volume 88, Number 117 (Tuesday, June 20, 2023)]
[Notices]
[Pages 39907-39908]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12991]
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UNITED STATES SENTENCING COMMISSION
Proposed Priorities for Amendment Cycle
AGENCY: United States Sentencing Commission.
ACTION: Notice; request for comment.
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SUMMARY: As part of its statutory authority and responsibility to
analyze sentencing issues, including operation of the federal
sentencing guidelines, and in accordance with its Rules of Practice and
Procedure, the United States Sentencing Commission is seeking comment
on possible policy priorities for the amendment cycle ending May 1,
2024.
DATES: Public comment should be received by the Commission on or before
August 1, 2023. Any public comment received after the close of the
comment period may not be considered.
ADDRESSES: There are two methods for submitting public comment.
Electronic Submission of Comments. Comments may be submitted
electronically via the Commission's Public Comment Submission Portal at
<a href="https://comment.ussc.gov">https://comment.ussc.gov</a>. Follow the online instructions for submitting
comments.
Submission of Comments by Mail. Comments may be submitted by mail
to the following address: United States Sentencing Commission, One
Columbus Circle NE, Suite 2-500, Washington, DC 20002-8002, Attention:
Public Affairs--Priorities Comment.
FOR FURTHER INFORMATION CONTACT: Jennifer Dukes, Senior Public Affairs
Specialist, (202) 502-4597.
SUPPLEMENTARY INFORMATION: The United States Sentencing Commission is
an independent agency in the judicial branch of the United States
Government. The Commission promulgates sentencing guidelines and policy
statements for federal courts pursuant to 28 U.S.C. 994(a). The
Commission also periodically reviews and revises previously promulgated
guidelines pursuant to 28 U.S.C. 994(o) and submits guideline
amendments to the Congress not later than the first day of May each
year pursuant to 28 U.S.C. 994(p).
The Commission provides this notice identifying the possible policy
priorities that the Commission expects to focus on during the amendment
cycle ending May 1, 2024. While continuing to address legislation or
other matters requiring more immediate action, the Commission has
decided to limit its consideration of specific guidelines amendments
for this amendment cycle. Instead, in light of the 40th anniversary of
the Sentencing Reform Act, the Commission anticipates undertaking a
number of projects examining the degree to which current sentencing,
penal, and correctional practices are effective in meeting the purposes
of sentencing as set forth in the Sentencing Reform Act. See 28 U.S.C.
991(b)(2). The Commission expects to continue work on many of these
priorities beyond the upcoming amendment cycle. The Commission invites
comment on the proposed priorities set forth below, along with any
additional priorities commenters believe the Commission should consider
in the upcoming amendment cycle and beyond. Public comment should be
sent to the Commission as indicated in the ADDRESSES section above.
Pursuant to 28 U.S.C. 994(g), the Commission intends to consider
the issue of reducing costs of incarceration and overcapacity of
prisons, to the extent it is relevant to any identified priority.
The proposed priorities for the amendment cycle ending May 1, 2024,
are as follows:
(1) Assessing the degree to which certain practices of the Bureau
of Prisons are effective in meeting the purposes of sentencing as set
forth in 18 U.S.C. 3553(a)(2) and considering any appropriate responses
including possible consideration of recommendations or amendments.
(2) Promotion of court-sponsored diversion and alternatives-to-
incarceration programs by expanding the availability of information and
organic documents pertaining to existing programs (e.g., Pretrial
Opportunity Program, Conviction And Sentence Alternatives (CASA)
Program, Special Options Services (SOS) Program) through the
Commission's website and possible workshops and seminars sharing best
practices for developing, implementing, and assessing such programs.
(3) Examination of the Guidelines Manual, including exploration of
ways to simplify the guidelines and possible consideration of
amendments that might be appropriate.
(4) Continuation of its multiyear study of the Guidelines Manual to
address case law concerning the validity and enforceability of
guideline commentary.
(5) Continued examination of the career offender guidelines,
including (A) updating the data analyses and statutory recommendations
set forth in the Commission's 2016 report to Congress, titled Career
Offender Sentencing Enhancements; (B) devising and conducting workshops
to discuss the scope and impact of the career offender guidelines,
including discussion of possible alternative approaches to the
``categorical approach'' in determining whether an offense is a ``crime
of violence'' or a ``controlled substance offense''; and (C) possible
consideration of amendments that might be appropriate.
(6) Examination of the treatment of youthful offenders under the
Guidelines Manual, including possible consideration of amendments that
might be appropriate.
(7) Implementation of any legislation warranting Commission action.
(8) Resolution of circuit conflicts as warranted, pursuant to the
Commission's authority under 28 U.S.C. 991(b)(1)(B) and Braxton v.
United States, 500 U.S. 344 (1991).
(9) Consideration of other miscellaneous issues coming to the
Commission's attention.
(10) Further examination of federal sentencing practices on a
variety of issues, possibly including: (A) the prevalence and nature of
drug trafficking offenses involving methamphetamine; (B) drug
trafficking offenses resulting in death or serious bodily injury; (C)
comparison of sentences imposed in cases disposed of through trial
versus plea; (D) continuation of the Commission's studies regarding
recidivism; and (E) other areas of federal sentencing in need of
additional research.
(11) Additional issues identified during the comment period.
[[Page 39908]]
Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and
Procedure 2.2, 5.2.
Carlton W. Reeves,
Chair.
[FR Doc. 2023-12991 Filed 6-16-23; 8:45 am]
BILLING CODE 2210-40-P
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