Notice2026-11906
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 12, 2026
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, 2027.
Full Text
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<title>Federal Register, Volume 91 Issue 113 (Friday, June 12, 2026)</title>
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[Federal Register Volume 91, Number 113 (Friday, June 12, 2026)]
[Notices]
[Pages 35802-35803]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11906]
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UNITED STATES SENTENCING COMMISSION
Proposed Priorities for Amendment Cycle
AGENCY: United States Sentencing Commission.
ACTION: Notice; request for public 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,
2027.
DATES: Public comment should be received by the Commission on or before
July 27, 2026. 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 to identify possible policy
priorities for the amendment cycle ending May 1, 2027. Other factors,
such as legislation requiring Commission action or possible loss of a
voting quorum, may affect the Commission's ability to complete work on
any or all identified priorities by May 1, 2027. 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.
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 invites comment on the following proposed priorities
for the amendment cycle ending May 1, 2027 (including comment on any
additional priorities commenters believe the Commission should consider
in the upcoming amendment cycle and beyond, and comment proposing
specific amendment text or research agendas that would address a given
priority):
(1) In anticipation of the 40th anniversary of the Guidelines
Manual and two decades of experience with advisory guidelines, the
Commission intends to undertake an evaluation of the guidelines and
federal sentencing practices in light of the Commission's mission set
forth in the Sentencing Reform Act, the statutory purposes of
sentencing in 18 U.S.C. 3553(a)(2), and relevant legal developments
that have occurred in the past four decades. As part of this priority,
the Commission may use regional public hearings, symposiums, roundtable
discussions, conferences, and other tools to solicit input on the
Commission's work from various stakeholders, including judges,
Congress, the Executive Branch, Federal Public Defenders, victims,
sentenced individuals, and others.
(2) In anticipation of the 30th anniversary of the Commission's
Rules of Practice and Procedure, the Commission expects to undertake a
comprehensive review of the Rules and consider whether any amendments
to such Rules may be appropriate to further the agency's statutory
purposes
[[Page 35803]]
and enhance public engagement with and understanding of the
Commission's work. As part of the priority, the Commission expects to
review current practices and consider possible changes regarding: (a)
what Commission work is conducted in public; (b) what Commission
policymaking materials should be made public; (c) how stakeholder and
public involvement is structured, including through rules about ex
parte communications; and (d) what analyses supporting agency
policymaking are conducted and released publicly.
(3) Consideration of any amendments that may be warranted in
response to any legislation or case law developments.
(4) 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).
(5) Consideration of other miscellaneous issues coming to the
Commission's attention.
Beyond the consideration of possible policy priorities this year,
the Commission has chosen to not solicit public comment or hold a
hearing on retroactivity. When the Commission submits amendments to
Congress, it may decide to publish an issue for comment and hold a
hearing on whether to make some or all of those amendments retroactive.
See USSC Rules of Practice and Procedure 4.1. The Commission is not
taking these steps for any of the amendments submitted to Congress on
April 30, 2026. While three Commissioners may have voted in favor of
making retroactive Amendment 2 (relating to inflationary adjustments)
of the amendments submitted by the Commission to Congress on April 30,
2026, those votes alone would not have met the Sentencing Reform Act's
four-vote threshold for retroactivity. See 28 U.S.C. 994(a)(2).
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. 2026-11906 Filed 6-11-26; 8:45 am]
BILLING CODE 2210-40-P
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