Notice2024-31278
Sentencing Guidelines for United States Courts
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
December 30, 2024
Issuing agencies
United States Sentencing Commission
Abstract
The United States Sentencing Commission intends to examine the criteria it considers in selecting guideline amendments that may be applied retroactively under the Guidelines Manual. As part of its statutory authority and responsibility to analyze sentencing issues, including operation of the federal sentencing guidelines, the Commission is publishing these issues for comment to inform the Commission's consideration of the issues related to this topic. The issues for comment are set forth in the Supplementary Information portion of this notice.
Full Text
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<title>Federal Register, Volume 89 Issue 249 (Monday, December 30, 2024)</title>
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[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106761-106762]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31278]
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UNITED STATES SENTENCING COMMISSION
Sentencing Guidelines for United States Courts
AGENCY: United States Sentencing Commission.
ACTION: Request for public comment.
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SUMMARY: The United States Sentencing Commission intends to examine the
criteria it considers in selecting guideline amendments that may be
applied retroactively under the Guidelines Manual. As part of its
statutory authority and responsibility to analyze sentencing issues,
including operation of the federal sentencing guidelines, the
Commission is publishing these issues for comment to inform the
Commission's consideration of the issues related to this topic. The
issues for comment are set forth in the Supplementary Information
portion of this notice.
DATES: Public comment regarding the issues for comment set forth in
this notice should be received by the Commission not later than April
18, 2025. 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--Retroactivity Criteria.
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 Background Commentary to Sec. 1B1.10 (Reduction in Term of
Imprisonment as a Result of Amended Guideline Range (Policy Statement))
provides a non-exhaustive list of criteria the Commission typically
considers in selecting the amendments to be included in Sec. 1B1.10(d)
for retroactive application: ``the purpose of the amendment, the
magnitude of the change in the guideline range made by the amendment,
and the difficulty of applying the amendment retroactively to determine
an amended guideline range under subsection (b)(1).'' USSG Sec.
1B1.10, comment. (backg'd). This non-exhaustive list of criteria has
remained substantively unchanged since the Commission originally
promulgated the policy statement at Sec. 1B1.10 in 1989.
Issues for Comment:
1. The Commission seeks comment on whether it should provide
further guidance on how the existing criteria for determining whether
an amendment should apply retroactively are applied. If so, what should
that guidance be? Should it revise or expand the criteria? Are there
additional criteria that the
[[Page 106762]]
Commission should consider beyond those listed in the existing
Background Commentary to Sec. 1B1.10? Are there identifiable sources
that the Commission should consult that highlight retroactivity
criteria relied upon by other legislative or rulemaking bodies?
If the Commission continues to list criteria relevant to
determining whether an amendment should apply retroactively, should it
adopt any bright-line rules? Is there a different approach that the
Commission should consider for these purposes?
2. The Commission seeks comment on whether any listed criteria are
more appropriately addressed in the Commission's Rules of Practice and
Procedure rather than the Background Commentary to Sec. 1B1.10.
3. Rule 4.1A (Retroactive Application of Amendments) of the
Commission's Rules of Practice and Procedure provides ``[g]enerally,
promulgated amendments will be given prospective application only.''
The Commission seeks comment on whether it should retain this
provision. If so, how should the Commission ensure that any listed
criteria reflect this provision?
Authority: 28 U.S.C. 994(a), (o), (p), (x); USSC Rules of Practice
and Procedure 2.2, 4.3, 4.4.
Carlton W. Reeves,
Chair.
[FR Doc. 2024-31278 Filed 12-27-24; 8:45 am]
BILLING CODE 2210-40-P
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