Notice2024-12244
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 4, 2024
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, 2025.
Full Text
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<title>Federal Register, Volume 89 Issue 108 (Tuesday, June 4, 2024)</title>
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[Federal Register Volume 89, Number 108 (Tuesday, June 4, 2024)]
[Notices]
[Pages 48029-48030]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12244]
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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,
2025.
DATES: Public comment should be received by the Commission on or before
July 15, 2024. 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, 2025.
In light of the 40th anniversary of the Sentencing Reform Act of
1984, Public Law 98-473, 98 Stat. 1987 (1984), the Commission intends
to focus on furthering the Commission's statutory purposes and missions
as set forth in the Sentencing Reform Act, including:
(1) Establishing ``sentencing policies and practices for the
Federal criminal justice system that . . . assure the meeting of the
purposes of sentencing''--namely, rehabilitation, deterrence, just
punishment, and incapacitation. 28 U.S.C. 991(b)(1)(A).
(2) Establishing ``sentencing policies and practices for the
Federal criminal justice system that . . . provide certainty and
fairness in meeting the purposes of sentencing, avoiding unwarranted
sentencing disparities.'' 28 U.S.C. 991(b)(1)(B).
(3) Establishing ``sentencing policies and practices for the
Federal criminal justice system that . . . reflect, to the extent
practicable, advancement of knowledge of human behavior as it relates
to the criminal justice process.'' 28 U.S.C. 991(b)(1)(C).
(4) ``[M]easuring the degree to which the sentencing, penal, and
correctional practices are effective in meeting the purposes of
sentencing.'' 28 U.S.C. 991 (b)(2).
(5) Establishing ``general policies and promulgat[ing] such rules
and regulations for the Commission as are necessary to carry out'' the
Commission's statutory missions. 28 U.S.C. 995(a)(1).
(6) Requesting ``such information, data, and reports from any
Federal agency or judicial officer as the Commission may from time to
time require and as may be produced consistent with other law.'' 28
U.S.C. 995(a)(8).
(7) ``[S]erving as a clearinghouse and information center for the
collection, preparation, and dissemination of information on Federal
sentencing practices.'' 28 U.S.C. 995(a)(12)(A).
(8) Devising and conducting ``seminars and workshops providing
continuing studies for persons engaged in the sentencing field'' and
``training programs of instruction in sentencing techniques for
judicial and probation personnel and other persons connected with the
sentencing process.'' 28 U.S.C. 995(a)(17)-(18).
(9) Making ``recommendations to Congress concerning modification or
enactment of statutes relating to sentencing, penal, and correctional
matters that the Commission finds to be necessary and advisable to
carry out an effective, humane and rational sentencing policy.'' 28
U.S.C. 995(a)(20).
(10) Holding ``hearings and call[ing] witnesses that might assist
the Commission in the exercise of its powers or duties.'' 28 U.S.C.
995(a)(21).
(11) Performing ``such other functions as are required to permit
Federal courts to meet their responsibilities under section 3553(a) of
title 18, United States Code, and to permit others involved in the
Federal criminal justice system to meet their related
responsibilities.'' 28 U.S.C. 995(a)(22).
The Commission seeks public comment on what work it should
prioritize during the amendment cycle ending May 1, 2025. In
particular, the Commission invites the public to recommend specific
avenues of research or policymaking that would allow the Commission to
fulfill the statutory goals cited above. Commenters are encouraged to
provide text of proposed amendments, policy statements, or research
agendas that might address the relevant priority. Commenters are
welcome to propose lines of work that could be completed in the
upcoming amendment cycle, as well as priorities that might require
multi-year efforts to complete.
The Commission also seeks comment on the following, more specific
proposed priorities:
(1) Continuation of ongoing priorities from prior amendment cycles
and possible consideration of amendments that might be appropriate,
including continued examination of the career offender guidelines (and
alternative approaches to the ``categorical approach'' in determining
whether an offense is a ``crime of violence'' or a ``controlled
substance offense'') as well as exploration of ways to simplify the
guidelines (including continuation of its work from last amendment
cycle on possible amendments to the Guidelines Manual to address the
three-step process set forth in Sec. 1B1.1 (Application Instructions)
and the use of departures
[[Page 48030]]
and policy statements relating to specific personal characteristics).
(2) Implementation of any legislation warranting Commission action.
(3) 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).
(4) Consideration of other miscellaneous issues coming to the
Commission's attention.
The Commission also welcomes comment on any additional priorities
commenters believe the Commission should consider in the upcoming
amendment cycle and beyond.
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.
Public comment should be sent to the Commission as indicated in the
ADDRESSES section above.
Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and
Procedure 2.2, 5.2.
Carlton W. Reeves,
Chair.
[FR Doc. 2024-12244 Filed 6-3-24; 8:45 am]
BILLING CODE 2210-40-P
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