Notice2026-19192
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
September 18, 2026
Effective
March 15, 2027
Issuing agencies
United States Sentencing Commission
Abstract
The United States Sentencing Commission hereby gives notice that the Commission has promulgated an amendment to the Guidelines Manual. This notice sets forth the text of the amendment and the reason for the amendment.
Full Text
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<title>Federal Register, Volume 91 Issue 180 (Friday, September 18, 2026)</title>
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[Federal Register Volume 91, Number 180 (Friday, September 18, 2026)]
[Notices]
[Pages 59298-59300]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19192]
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UNITED STATES SENTENCING COMMISSION
Sentencing Guidelines for United States Courts
AGENCY: United States Sentencing Commission.
ACTION: Notice of submission to Congress of amendment to the sentencing
guidelines effective March 15, 2027.
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SUMMARY: The United States Sentencing Commission hereby gives notice
that the Commission has promulgated an amendment to the Guidelines
Manual. This notice sets forth the text of the amendment and the reason
for the amendment.
DATES: The Commission has specified an effective date of March 15,
2027, for the amendment set forth in this notice.
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
[[Page 59299]]
the Congress not later than the first day of May each year pursuant to
28 U.S.C. 994(p). Absent action of the Congress to the contrary,
submitted amendments become effective by operation of law on the date
specified by the Commission (generally November 1 of the year in which
the amendments are submitted to Congress).
Pursuant to its authority under 28 U.S.C. 994(p) and its emergency
authority under section 5017 of the Consolidated Appropriations Act,
2026 (Pub. L. 119-75), the Commission has promulgated an amendment to
the Guidelines Manual. Notice of the proposed amendment was published
in the Federal Register on April 24, 2026 (see 91 FR 22228). On
September 14, 2026, the Commission submitted this amendment to the
Congress and specified an effective date of March 15, 2027.
The text of the amendment, and the reason for the amendment, is set
forth below. Additional information pertaining to the amendment
described in this notice may be accessed through the Commission's
website at <a href="http://www.ussc.gov">www.ussc.gov</a>.
Authority: 28 U.S.C. 994(a), (o), (p), and (u); Section 5017 of the
Consolidated Appropriations Act, 2026 (Public Law 119-75); USSC Rules
of Practice and Procedure 2.2 and 4.1.
Carlton W. Reeves,
Chair.
Amendment to the Sentencing Guidelines, Policy Statements, and Official
Commentary
1. Amendment: 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''.
Chapter Three, Part B, is amended by inserting at the end the
following new guideline:
``Sec. 3B1.6. Use of Unmanned Aircraft
(a) (Apply the greater):
(1) If (A) the defendant is convicted of an offense to which the
statutory enhancement under 6 U.S.C. 124n-1(c) applies; or (B) the
parties stipulate (i) to such an offense for purposes of calculating
the guideline range under Sec. 1B1.2 (Applicable Guidelines); or (ii)
that the adjustment in this subsection applies, increase by 6 levels.
(2) If the offense otherwise 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.
(c) Special Instruction
(1) If the use of an unmanned aircraft that forms the basis for an
adjustment under this guideline is the only conduct that forms the
basis for an enhancement in Chapter Two or another adjustment in
Chapter Three, apply the provision that results in the greater offense
level.
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 (for felony offenses), 2X5.2 (for
misdemeanor offenses)''.
Reason for Amendment: This 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 and sets forth a congressional directive to the Commission for
offenses involving unmanned aircraft. See Public Law 119-60, 8605
(2025). Emergency amendment authority requires the Commission to
promulgate an amendment implementing the directive ``as soon as
possible'' and ``not later than December 31, 2026.'' Consolidated
Appropriations Act, 2026, Public Law 119-75, 5017(a).
Increased Statutory Penalties for Offenses Associated With Unmanned
Aircraft and Related Directive to the Commission
The Act amended 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 to twenty years depending on the type of contraband provided to
the imprisoned individual. The Act increased the maximum penalty by
five years ``[i]f a defendant who is convicted under section 1791 . . .
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 this specific statutory increase, the Act provided
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).
Related to these changes, the Act directed the 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 amendment implements these provisions of the Act by creating a
new guideline at Sec. 3B1.6 (Use of Unmanned Aircraft) providing a
tiered adjustment of either 6 or 4 levels for offenses involving the
use of an unmanned aircraft. Section 3B1.6 provides a 6-level increase
if the defendant is convicted of an offense to which the statutory
sentencing enhancement under 6 U.S.C. 124n-1(c) applies, or if the
parties stipulate to such an offense for purposes of calculating the
guideline range or that the adjustment applies to the offense of
conviction. Section 3B1.6 provides a 4-level increase if the offense
otherwise involved the use of an unmanned aircraft.
Under the new provision, ``unmanned aircraft'' has the meaning
given to that term in 49 U.S.C. 44801. Further, the amendment includes
a provision expressly stating that ``use'' does not include mere
possession. This definition of ``use'' is consistent with the
definition in Sec. 3B1.5 (Use of Body Armor in Drug Trafficking Crimes
and Crimes of Violence). See USSG App. C, amend. 659 (effective Nov. 1,
2003) (implementing the directive in section 11009 of the 21st Century
Department of Justice Appropriations Authorization Act, Pub. L. 107-
273).
To avoid unwarranted double counting, a special instruction directs
that if the use of an unmanned aircraft that forms the basis for an
adjustment
[[Page 59300]]
under this provision is the only conduct that forms the basis for a
Chapter Two enhancement or another Chapter Three adjustment, then the
court should apply the provision that results in the greater offense
level.
New Felony Offense for Repeated Violations of 49 U.S.C. 46307
The Act created a felony offense for repeated convictions for
violating national defense airspace under 49 U.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 added a maximum five-year penalty for a
person convicted of a second or subsequent offense under section 46307.
In response to this new statutory provision, the amendment revises
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) for felony offenses and
Sec. 2X5.2 (Class A Misdemeanors (Not Covered by Another Specific
Offense Guideline)) for misdemeanor offenses.
[FR Doc. 2026-19192 Filed 9-17-26; 8:45 am]
BILLING CODE 2210-40-P
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</html>Indexed from Federal Register on September 18, 2026.
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