Notice2023-18976
Final 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
September 1, 2023
Issuing agencies
United States Sentencing Commission
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 169 (Friday, September 1, 2023)</title>
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[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Notices]
[Pages 60536-60537]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18976]
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UNITED STATES SENTENCING COMMISSION
Final Priorities for Amendment Cycle
AGENCY: United States Sentencing Commission.
ACTION: Notice of final priorities.
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SUMMARY: 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.
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 Congress not later than the first day of May each year
pursuant to 28 U.S.C. 994(p).
As part of its statutory authority and responsibility to analyze
sentencing issues, including operation of the federal sentencing
guidelines, the Commission has identified its policy priorities for 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 guideline
amendments for this amendment cycle. Instead, in light of the 40th
anniversary of the Sentencing Reform Act, the Commission anticipates
focusing on 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
[[Page 60537]]
upcoming amendment cycle. The Commission previously published a notice
of proposed policy priorities for the amendment cycle ending May 1,
2024. See 88 FR 39907 (June 20, 2023).
Pursuant to 28 U.S.C. 994(g), the Commission intends to consider
the issue of reducing costs of incarceration and overcapacity of
prisons, to the extent it is relevant to any identified priority.
The Commission has identified the following priorities for the
amendment cycle ending May 1, 2024:
(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) Compilation and dissemination of information on court-sponsored
programs relating to diversion, alternatives-to-incarceration, and
reentry (e.g., Pretrial Opportunity Program, Conviction And Sentence
Alternatives (CASA) Program, Special Options Services (SOS) Program,
Supervision to Aid Re-entry (STAR) 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, and possible consideration of amendments that
might be appropriate.
(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 and offenses
involving youths under the Guidelines Manual, including possible
consideration of amendments that might be appropriate.
(7) Consideration of possible amendments to the Guidelines Manual
to prohibit the use of acquitted conduct in applying the guidelines.
(8) 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.
(9) Implementation of any legislation warranting Commission action.
(10) 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).
(11) Consideration of other miscellaneous issues coming to the
Commission's attention.
Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and
Procedure 2.2, 5.2.
Carlton W. Reeves,
Chair.
[FR Doc. 2023-18976 Filed 8-31-23; 8:45 am]
BILLING CODE 2210-40-P
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