Notice2025-15457
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
August 14, 2025
Issuing agencies
United States Sentencing Commission
Abstract
In June 2025, the Commission published a notice of proposed policy priorities for the amendment cycle ending May 1, 2026. 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 90 Issue 155 (Thursday, August 14, 2025)</title>
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[Federal Register Volume 90, Number 155 (Thursday, August 14, 2025)]
[Notices]
[Pages 39263-39264]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15457]
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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 2025, the Commission published a notice of proposed
policy priorities for the amendment cycle ending May 1, 2026. 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, 2026. 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, 2026.
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 previously published a notice of
proposed policy priorities for the amendment cycle ending May 1, 2026.
See 90 FR 24710 (June 11, 2025).
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, 2026:
(1) Examination of how the guidelines can provide courts with
additional guidance on selecting the appropriate sentencing option
(e.g., imprisonment, probation, or fine), and possible consideration of
amendments that might be appropriate.
(2) Further examination of the penalty structure for certain drug
trafficking offenses under Sec. 2D1.1 (Unlawful Manufacturing,
Importing, Exporting, or Trafficking (Including Possession with Intent
to Commit These Offenses)) and Sec. 2D1.11 (Unlawfully Distributing,
Importing, Exporting or Possessing a Listed Chemical; Attempt or
Conspiracy), including (A) consideration of possible amendments
addressing the purity distinctions for methamphetamine provided in the
Drug Quantity Table and related application notes; (B) consideration of
other miscellaneous issues pertaining to drug trafficking offenses
coming to the Commission's attention, such as statutory changes
relating to fentanyl, sentencing enhancements for offenses involving
fentanyl, and other fentanyl-related issues; and (C) and consideration
of possible amendments to the Chemical Quantity Table at Sec. 2D1.11
to address offenses involving fentanyl precursors.
(3) Examination of Sec. 2B1.1 (Theft, Property Destruction, and
Fraud) and related guidelines to ensure the guidelines appropriately
reflect the culpability of the individual and the harm to the victim,
including (A) reassessing the role of actual loss, intended loss, and
gain; (B) considering whether the loss table in Sec. 2B1.1 should be
revised to simplify application or to adjust for inflation; (C)
considering the application and impact of the victims table in Sec.
2B1.1 and adjustments in Chapter Three, Part A (Victim-Related
Adjustments), relating to victims; (D) considering the application and
impact of adjustments in Chapter Three, Part B (Role in the Offense)
relating to role in the offense; and (E) possible
[[Page 39264]]
consideration of amendments that might be appropriate.
(4) Continued examination of the career offender guidelines,
including (A) evaluating the impact, feasibility, and uniformity in
application of alternative approaches to the ``categorical approach''
through workshops, field testing, and updating the data analyses set
forth in the Commission's 2016 report to Congress, titled Career
Offender Sentencing Enhancements; and (B) possible consideration of
amendments that might be appropriate.
(5) Examination of whether the guidelines provide appropriate
adjustments for good behavior, including examination of whether Sec.
3E1.1 (Acceptance of Responsibility) and Sec. 5K1.1 (Substantial
Assistance to Authorities) fully account for the variety of ways in
which an individual may manifest acceptance of responsibility and
provide substantial assistance, and possible consideration of
amendments that might be appropriate.
(6) Continued exploration of ways to simplify the Guidelines
Manual, including (A) examining the operation of the grouping rules in
Chapter Three, Part D (Multiple Counts); (B) examining the operation of
specific provisions of Chapter Four, Part A (Criminal History); (C)
examining the operation of Sec. 5G1.3 (Imposition of a Sentence on a
Defendant Subject to an Undischarged Term of Imprisonment or
Anticipated State Term of Imprisonment); (D) evaluating infrequently
applied specific offense characteristics and adjustments provisions
throughout the Guidelines Manual; and (E) possible consideration of
amendments that might be appropriate.
(7) Examination of offenses involving sophisticated means and
possible consideration of an additional Chapter Three adjustment that
would account for the consideration of factors such as sophistication
in the preparation for, commission of, or evasion of detection for an
offense.
(8) Examination of Sec. 2L1.1 (Smuggling, Transporting, or
Harboring an Unlawful Alien) to ensure the guidelines appropriately
account for the consideration of factors such as the number of humans
smuggled and whether the offense involved bodily injury or sexual
assault, and possible consideration of amendments that might be
appropriate.
(9) Assessing the degree to which certain practices of the Federal
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.
(10) Implementation of any legislation warranting Commission
action.
(11) 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).
(12) 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. 2025-15457 Filed 8-13-25; 8:45 am]
BILLING CODE 2210-40-P
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