Notice2026-08088
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
April 24, 2026
Issuing agencies
United States Sentencing Commission
Abstract
The United States Sentencing Commission is considering promulgating an amendment to the sentencing guidelines, policy statements, and commentary. This notice sets forth the proposed amendment and a synopsis of the issues addressed by the proposed amendment. This notice also sets forth several issues for comment together with the proposed amendment.
Full Text
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<title>Federal Register, Volume 91 Issue 79 (Friday, April 24, 2026)</title>
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[Federal Register Volume 91, Number 79 (Friday, April 24, 2026)]
[Notices]
[Pages 22228-22230]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08088]
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UNITED STATES SENTENCING COMMISSION
Sentencing Guidelines for United States Courts
AGENCY: United States Sentencing Commission.
ACTION: Notice and request for public comment.
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SUMMARY: The United States Sentencing Commission is considering
promulgating an amendment to the sentencing guidelines, policy
statements, and commentary. This notice sets forth the proposed
amendment and a synopsis of the issues addressed by the proposed
amendment. This notice also sets forth several issues for comment
together with the proposed amendment.
DATES: Written public comment regarding the proposed amendment and
issues for comment set forth in this notice should be received by the
Commission not later than June 18, 2026. Public comment regarding the
proposed amendment 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--Proposed Amendment.
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).
Publication of a proposed amendment requires the affirmative vote
of at least three voting members of the Commission and is deemed to be
a request for public comment on the proposed amendment. See USSC Rules
of Practice and Procedure 2.2, 4.4. In contrast, the affirmative vote
of at least four voting members is required to promulgate an amendment
and submit it to Congress. See id. 2.2; 28 U.S.C. 994(p).
The Commission published notices of proposed amendments in the
Federal Register on December 19, 2025 (see 90 FR 59660) and February 6,
2026 (see 91 FR 5556). The Commission held public hearings on those
proposed amendments in Washington, DC, on February 17, 2026, and March
9, 2026. Pursuant to 28 U.S.C. 994 and its emergency authority under
section 5017 of the Consolidated Appropriations Act, 2026 (Public Law
119-75), the Commission is now considering promulgating an additional
amendment to the sentencing guidelines, policy statements, and
commentary. This notice sets forth that proposed amendment.
The proposed amendment as presented in this notice contains
specific revisions to the guidelines. It also contains bracketed text
indicating a heightened interest on the Commission's part in comment
and suggestions regarding alternative policy choices; for example, a
proposed enhancement of [6] levels indicates that the Commission is
considering, and invites comment on, alternative policy choices
regarding the appropriate level of enhancement. Similarly, bracketed
text means that the Commission specifically invites comment on whether
the proposed provision is appropriate. Additionally, the Commission has
highlighted certain issues for comment and invites suggestions on how
the Commission should respond to those issues.
In summary, the proposed amendment and issues for comment set forth
in this notice are as follows: A proposed amendment to the Guidelines
Manual to implement the SAFER SKIES Act (Title LXXXVI of the National
Defense Authorization Act for Fiscal Year 2026, Pub. L. 119-60),
including (A) two options for setting forth a new guideline at Sec.
3B1.6 (Use of Unmanned Aircraft) providing a tiered adjustment for
offenses involving the use of an unmanned aircraft; (B) amendments to
Appendix A (Statutory Index) to reference the new offenses created by
the Act to the most appropriate guidelines; and (C) related issues for
comment.
The text of the proposed amendment and related issues for comment
are set forth below. Additional information pertaining to the proposed
amendment and issues for comment described in this notice may be
accessed through the Commission's website at <a href="http://www.ussc.gov">www.ussc.gov</a>. In addition,
as required by 5 U.S.C. 553(b)(4), a plain-language summary of the
proposed amendment is available at <a href="https://www.ussc.gov/guidelines/amendments/">https://www.ussc.gov/guidelines/amendments/</a> reader-friendly-version-2026-proposed-amendment-unmanned-
aircraft.
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.
Proposed Amendment to the Sentencing Guidelines, Policy Statements, and
Official Commentary
1. Unmanned Aircraft
Synopsis of Proposed Amendment: This proposed amendment responds to
the SAFER SKIES Act (title LXXXVI of the National Defense Authorization
Act for Fiscal Year 2026, Pub. L. 119-60) (the ``Act''), which contains
several provisions relating to criminal penalties for offenses
involving aircraft. See Pub. L. 119-60, 8605 (2025).
The Act creates a felony offense for repeated convictions for
violating national defense airspace under 49U.S.C. 46307. Section 46307
establishes a criminal offense when an individual knowingly and
willfully violates an order issued pursuant to 49 U.S.C. 40103(b)(3)
that restricts or prohibits civil aircraft in certain navigable
airspace ``in the interest of national defense.'' An offense under
section 46307 constitutes a Class A misdemeanor, punishable by up to
one year in prison. The Act adds to section 46307 a five-year-maximum
penalty if a person is convicted of a second or subsequent offense
under the section.
The Act also amends the statutory penalties for providing
contraband to imprisoned individuals, in violation of 18 U.S.C. 1791.
Section 1791 sets out statutory maximum terms of imprisonment ranging
from six months
[[Page 22229]]
to twenty years depending on the type of contraband object provided to
the imprisoned individual. The Act increases the maximum penalties by
five years for individuals convicted under section 1791 who ``knowingly
used an unmanned aircraft to provide a prohibited object to an inmate
of a prison.'' 6 U.S.C. 124n-1(d).
In addition to these specific statutory increases, the Act provides
more generally that ``[i]f a person who is convicted of a felony
offense (other than an offense based solely on the operation of an
unmanned aircraft) knowingly operated an unmanned aircraft during, in
relation to, or in furtherance of such offense,'' the maximum penalty
for that offense is doubled or increased by five years, whichever is
less. Id. Sec. 124n-1(c).
The Act also directs the Sentencing Commission to ``promulgate
guidelines, or amendments to guidelines, that substantially increase
the sentencing range for all offenses involving the use of an unmanned
aircraft.'' Id. Sec. 124n-1(e)(1)(A). Specifically, for offenses in
which the enhanced penalties under 6 U.S.C. 124n-1(c) apply--that is,
where the individual knowingly operated an unmanned aircraft during, in
relation to, or in furtherance of a felony offense (other than an
offense based solely on the operation of an unmanned aircraft)--the
guidelines ``shall call for an increase of at least 6 levels in the
base offense level,'' and ``in all other cases, the base offense level
shall be increased by at least 4 levels.'' Id. Sec. 124n-1(e)(2).
The proposed amendment would implement these provisions of the Act.
First, the proposed amendment would create a new guideline at Sec.
3B1.6 (Use of Unmanned Aircraft) providing a tiered adjustment for
offenses involving the use of an unmanned aircraft. The proposed
amendment provides two options for the adjustment. Under Option 1, an
offense would receive a [6]-level increase if the statutory sentencing
enhancement under 6 U.S.C. 124n-1(c) applies. Under Option 2, an
offense would receive a [6]-level increase if the defendant is
convicted of a felony offense that is not based solely on the operation
of an unmanned aircraft, and the defendant knowingly operated an
unmanned aircraft during, in relation to, or in furtherance of that
offense. Under both options, all other offenses involving the use of an
unmanned aircraft would receive a [4]-level increase.
Second, the proposed amendment would address the new felony offense
for repeated violations of 49 U.S.C. 46307. Section 46307 is not
currently referenced in Appendix A (Statutory Index) to a specific
guideline, so a preexisting misdemeanor offense under this section is
sentenced under Sec. 2X5.2 (Class A Misdemeanors (Not Covered by
Another Specific Offense Guideline)). The proposed amendment would
amend Appendix A to reference 49 U.S.C. 46307 to Sec. 2A5.2
(Interference with Flight Crew Member or Flight Attendant; Interference
with Dispatch, Navigation, Operation, or Maintenance of Mass
Transportation Vehicle; Unsafe Operation of Unmanned Aircraft) and
Sec. 2X5.2. Accordingly, courts would continue to use Sec. 2X5.2 for
misdemeanor violations of section 46307 and would use Sec. 2A5.2 for
the new felony violation.
Issues for comment are also provided.
Proposed Amendment:
Chapter Three, Part B is amended by inserting at the end the
following new guideline and accompanying commentary:
``Sec. 3B1.6. Use of Unmanned Aircraft
[Option 1 (6-level increase if statutory enhancement applies):
(a) (Apply the greater):
(1) If a statutory sentencing enhancement under 6 U.S.C. 124n-1(c)
applies, increase by [6] levels.
(2) If the offense involved the use of an unmanned aircraft,
increase by [4] levels.
(b) For purposes of this guideline:
(1) `Unmanned aircraft' has the meaning given that term in 49
U.S.C. 44801.
[(2) `Use' does not include mere possession.]]
[Option 2 (6-Level Increase Regardless of Whether Statutory Enhancement
Applies)
(a) (Apply the greater):
(1) If the defendant (1) is convicted of a felony offense that is
not based solely on the operation of an unmanned aircraft; and (2)
knowingly operated an unmanned aircraft during, in relation to, or in
furtherance of that offense, increase by [6] levels.
(2) If the offense involved the use of an unmanned aircraft,
increase by [4] levels.
(b) For purposes of this guideline:
(1) `Unmanned aircraft' has the meaning given that term in 49
U.S.C. 44801.
[(2) `Use' does not include mere possession.]]
Commentary
Background: This guideline implements the directive in the SAFER
SKIES Act (section 8605(e) of the National Defense Authorization Act
for Fiscal Year 2026, Pub. L. 119-60).''.
Appendix A (Statutory Index) is amended by inserting before the
line referenced to 49 U.S.C. 46308 the following new line reference:
``49 U.S.C. 46307 2A5.2, 2X5.2''.
The Commentary to Sec. 2A5.2 captioned ``Statutory Provisions'' is
amended by striking ``49 U.S.C. 46308, 46503, 46504 (formerly 49 U.S.C.
1472(c), (j))'' and inserting ``49 U.S.C. 46307, 46308, 46503, 46504
(formerly 49 U.S.C. 1472(c), (j))''.
The Commentary to Sec. 2X5.2 captioned ``Statutory Provisions'' is
amended by striking ``49 U.S.C. 31310'' and inserting ``49 U.S.C.
31310, 46307''.
Issues for Comment
1. The SAFER SKIES Act (the ``Act'') directs the Commission to
``substantially increase the sentencing range for all offenses
involving the use of an unmanned aircraft.'' 6 U.S.C. 124n-1(e)(1)(A).
The directive specifically calls for ``an increase of at least 6
levels'' for cases in which the sentencing enhancements under 6 U.S.C.
124n-1(c) apply and an increase of ``at least 4 levels'' in all other
cases. See id. Sec. 124n-1(e)(2). The proposed amendment would
implement this directive by creating an adjustment in new Sec. 3B1.6
(Use of Unmanned Aircraft). The Commission seeks comment on whether
this is the appropriate approach to implement the directive or whether
the Commission should adopt an alternative approach. If so, what should
that approach be? Are there any different or additional approaches that
would address cases subject to the minimum 4-level increase while
ensuring compliance with the directive?
2. In the Act, Congress directs the Commission to provide for ``an
increase of at least 6 levels'' for cases in which the sentencing
enhancements under 6 U.S.C. 124n-1(c) apply and an increase of ``at
least 4 levels'' in all other cases involving the use of an unmanned
aircraft. See 6 U.S.C. 124n-1(e) (emphasis added). The proposed
amendment responds to this directive by providing a tiered adjustment,
bracketed at 6 and 4 levels, for offenses involving unmanned aircraft.
The Commission seeks comment on whether the levels of the adjustment
are appropriate or whether the Commission should increase the levels
above those required by the directive. If so, at what levels should the
Commission set the adjustment?
3. The Commission seeks comment on how the proposed new Chapter
Three adjustment should interact with other guidelines that may also
account for conduct involving the use of unmanned aircraft. For
example, the specific
[[Page 22230]]
offense characteristic at Sec. 2D1.1(b)(3)(A) (Unlawful Manufacturing,
Importing, Exporting, or Trafficking (Including Possession with Intent
to Commit These Offenses); Attempt or Conspiracy) applies if the
defendant unlawfully imported or exported a controlled substance under
circumstances in which``an aircraft other than a regularly scheduled
commercial air carrier was used to import or export the controlled
substance.'' In addition, in some circumstances, the use of an unmanned
aircraft could be considered indicative of sophisticated means, see,
e.g., Sec. Sec. 2B1.1(b)(10)(C) (Theft, Property Destruction, and
Fraud), 2T3.1(b)(1) (Evading Import Duties or Restrictions (Smuggling);
Receiving or Trafficking in Smuggled Property), or the use of a special
skill, see Sec. 3B1.3 (Abuse of Position of Trust or Use of Special
Skill). Are there other guidelines provisions that may apply based on
the same conduct as the proposed new Chapter Three adjustment? How
should the new adjustment interact with these provisions while ensuring
compliance with the congressional directive to ``substantially increase
the sentencing range for all offenses involving the use of an unmanned
aircraft''? Should the proposed amendment preclude or limit the
application of any other specific offense characteristic or Chapter
Three adjustment if the new Sec. 3B1.6 also applies?
4. The Act increases the statutory maximum penalty for an
individual convicted under 18 U.S.C. 1791 who ``knowingly used an
unmanned aircraft to provide a prohibited object to an inmate of a
prison.'' 6 U.S.C. 124n-1(d). Offenses under section 1791 are
referenced to Sec. 2P1.2 (Providing or Possessing Contraband in
Prison), which provides a range of base offense levels depending on the
type of contraband at issue. Under the newly created Sec. 3B1.6, an
individual subject to the enhanced statutory penalty would be subject
to a [6]-level or [4]-level adjustment for the use of an unmanned
aircraft. Should the Commission take any additional action to implement
the enhanced statutory penalty under 18 U.S.C. 1791? If so, what action
should the Commission take? For example, should the Commission amend
Sec. 2P1.2 to address cases in which the enhanced statutory penalty
under 18 U.S.C. 1791 applies, or should it provide a special
instruction on the application of the new Sec. 3B1.6 in such cases?
5. To address the new felony offense under the Act for repeated
violations of 49 U.S.C. 46307, the proposed amendment would amend
Appendix A to reference 49 U.S.C. 46307 to Sec. 2A5.2 (Interference
with Flight Crew Member or Flight Attendant; Interference with
Dispatch, Navigation, Operation, or Maintenance of Mass Transportation
Vehicle; Unsafe Operation of Unmanned Aircraft) and Sec. 2X5.2 (Class
A Misdemeanors (Not Covered by Another Specific Offense Guideline)).
The Commission seeks comment on whether the proposed references are
appropriate and whether any additional changes to the guidelines are
required to account for the new felony offense created by the Act.
[FR Doc. 2026-08088 Filed 4-23-26; 8:45 am]
BILLING CODE 2210-40-P
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