[Federal Register Volume 61, Number 128 (Tuesday, July 2, 1996)]
[Notices]
[Pages 34464-34466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16873]
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UNITED STATES SENTENCING COMMISSION
Sentencing Guidelines for United States Courts
Agency: United States Sentencing Commission
Action: Notice of priority areas for Commission research and amendment
consideration. Request for public comment.
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Summary: As part of its continuing statutory responsibility to analyze
sentencing issues, including the operation of the federal sentencing
guidelines, the Commission preliminarily has identified certain
priorities as the principal focus of its work in the coming year and,
in some cases, beyond. Following the practice of past years, the
Commission invites comment on identified priorities (including the
scope and manner of study, particular problem areas and possible
solutions, and any other matters relevant to an identified priority).
The Commission also invites comment on any other aspect of guideline
application that it should address during the coming year.
Dates: Public comment should be received not later than August 30,
1996, to be considered by the Commission in shaping its work during the
next year.
Addresses: Send comments to: United States Sentencing Commission, One
Columbus Circle, NE, Suite 2-500, Washington, DC 20002-8002, Attention:
Public Information--Priorities Comment.
For Further Information Contact: Michael Courlander, Public Information
Specialist, Telephone: (202) 273-4590.
Supplementary Information: The United States Sentencing Commission, an
independent agency in the judicial branch of the United States
Government, is empowered by 28 U.S.C. 994(a) to promulgate sentencing
guidelines and policy statements for federal sentencing courts. The
statute further directs the Commission to periodically review and
revise guidelines previously promulgated and authorizes it to submit
guideline amendments to the Congress no later than the first day of May
each year. See 28 U.S.C. 994(o), (p).
As in previous years, the Commission uses this announcement to
solicit formal and informal comment regarding certain areas upon which
the Commission expects to concentrate its attention during the coming
year. This notice provides interested persons with an opportunity to
inform the Commission of legal, operational, or policy concerns within
the identified areas relating to the guidelines and to suggest specific
solutions and alternative approaches.
Following are the anticipated priority areas for amendment study,
research, or other planned actions identified by the Commission. In
some cases, a general time frame for the initiative is indicated. These
time frames are subject to change as the Commission deems necessary.
The Commission welcomes comments on these priorities as well as any
other aspect of guideline application or implementation of the
Sentencing Reform Act.
Authority: 28 U.S.C. 994(a), (o), (p).
Richard P. Conaboy,
Chairman.
I. Implementation of New Laws Affecting Criminal Penalties
The Commission will continue to give priority to developing
guideline amendments that implement legislation enacted by Congress. In
this regard, Congress has recently enacted, or is expected to pass in
this Session, a number of bills that may necessitate changes in the
sentencing guidelines. Some of the more significant legislative
initiatives are:
The Antiterrorism and Effective Death Penalty Act of 1996,
Pub. L. 104-132 (April 24, 1996). This Act contains several directives
to amend the guidelines in specific ways, including a provision
(section 730) granting the Commission emergency authority to amend the
enhancement in USSG Sec. 3A1.4 (International Terrorism) so that it
applies broadly to any ``Federal Crime of terrorism'' as defined in 18
U.S.C. 2332b(g). The Act also contains numerous other provisions (e.g.,
increases in statutory maximum penalties, new offenses) that the
Commission must analyze in order to ascertain whether guideline
amendments are needed and, if so, what changes are appropriate.
The Telecommunications Act of 1996, 104-104 (February 8,
1996). This Act contains several provisions on obscene, harassing, or
wrongful use of telecommunications facilities that may necessitate
guideline amendments. The Commission recently promulgated an amendment
to USSG Sec. 2G1.2 to implement a new offense created by section 508 of
the Act (involving the solicitation of a minor to engage in prohibited
sexual conduct). See 61 FR 20308-09 (May 6, 1996).
The Sex Crimes Against Children Prevention Act of 1995, 104-71
(December 23, 1995). The Commission recently promulgated amendments to
USSG Secs. 2G2.1, 2G2.2, and 2G1.1 to implement directives of that Act.
See 61 FR 20306-09, supra. The Commission is now considering additional
conforming amendments to the child pornography guidelines in Chapter
Two, Part G and possible amendments to the sexual abuse guidelines in
Chapter Two, Part A, Subpart 3.
Immigration Bill, Other Legislation. Congress is finalizing an
Immigration Bill and is considering other bills affecting criminal
penalties. Enactment of any such legislation may necessitate additional
guideline amendments in the coming year.
II. Guideline Simplification and Modification
In 1995, the Commission announced that it was initiating a multi-
year project to comprehensively assess and simplify provisions of the
Guidelines Manual. See 60 F.R. 49316-17 (Sept. 22, 1995). After
considering a number of staff papers and input from interested
individuals and groups, the Commission anticipates focusing its
attention and possible amendment consideration on the following
specific issues:
Relevant Conduct. Priority issues for the 1996-97
amendment cycle include: (1) Clarifying/streamlining the relevant
conduct guideline assuming no substantive policy changes; and (2)
developing options to limit the use of acquitted conduct at sentencing.
Issues of lower priority that may be further explored during future
amendment cycles include: (1) Substantively changing the relevant
conduct guideline to limit the extent to which unconvicted conduct can
affect the sentence; and (2) increasing the burden of proof at
sentencing to a ``clear and convincing'' standard.
Level of Detail/Guideline Complexity. Priority issues for
the 1996-97 amendment cycle include: (1) Simplification of guideline/
specific offense characteristics through consolidation or elimination;
(2) clarification of the definition of loss; (3) examination of
problematic cross references; and (4) revision of Acceptance of
Responsibility adjustment.
Departures/Offender Characteristics. Priority issues for
the 1996-97 amendment cycle include: (1) Developing options for
revising/clarifying the language describing the ``heartland concept''
in Chapter One and departure policy statements in Chapter Five in light
of the recent U.S. Supreme Court decision in Koon v. U.S., No. 94-1664,
1996 WL 315800 (U.S. June 17, 1996); and (2) focusing on family and
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community ties, age, and combination of factors.
Criminal History. Priority issues for the 1996-97
amendment cycle include: (1) Re-ordering and streamlining Chapter Four;
and (2) revising assignment of criminal history points to better target
serious, repeat offenders.
Sentencing Table. Issues of lower immediate priority for
discussion during future amendment cycles include: (1) Options to
streamline sentencing table to reduce significantly the number of
offense levels; (2) options to revise the current sentencing table's
``zone'' structure; and (3) additional or expanded sentencing options.
Appellate Litigation and Other Statutory Issues. Priority
issues for the 1996-97 amendment cycle include: (1) Consideration of
the impact of the recent U.S. Supreme Court decision in Koon v. United
States, supra, on appellate review of guideline sentences and on the
need to revise the introduction to the Guidelines Manual and Departure
Section (Sec. 5K2.0) to address the deference appellate courts should
afford district courts on guideline determinations; and (2)
consideration of widening the bands in monetary and drug tables to
decrease litigation.
Drug Sentencing/Role in the Offense. Priority issues for
1996-97 amendment cycle include: (1) Revising the Role in the Offense
guideline to better reflect actual experience, case law development,
and to provide sufficient flexibility when sentencing drug offenders.
Introduction to Guidelines Manual. Priority issues for
1996-97 amendment cycle include: (1) Updating the introduction to
reflect the evolution of the guideline sentencing process.
III. Circuit Conflicts, Miscellaneous Amendments
As part of the 1996-97 amendment cycle, the Commission expects to
consider and propose for comment amendments that address some of the
more important application issues involving conflicting court
interpretations of guideline language.
IV. Cocaine Offenses
Under Public Law No. 104-38 (Oct. 30, 1995), the Commission is
directed to submit recommendations to Congress regarding changes in the
penalty statutes and sentencing guidelines for cocaine offenses
(including crack). See 61 FR 80 (January 2, 1996). The Commission has
been gathering and analyzing data and other relevant information,
including public comment, in preparation for formulating the required
recommendations. It expects to continue this process during the coming
months and again invites comment regarding implementation of this
congressional directive. Comment should focus on (1) the quantity ratio
that should be substituted for the current 100-to-1 ratio in the
relevant penalty statutes and sentencing guidelines (see USSG
Sec. 2D1.1(c)), and (2) appropriate enhancements in Sec. 2D1.1 for
violence and other harms associated with crack and powder cocaine.
V. Revisions to Money Laundering Guidelines
As directed by Public Law 104-38, supra, the Commission will
respond to an expected Department of Justice report on money laundering
charging and plea practices and will continue its study of the money
laundering guidelines (U.S.S.G. Secs. 2S1.1-2S1.2).
VI. Guideline Assessment, Research Initiatives
Under the direction of an outside consultant, Commission staff have
initiated a number of research projects designed to assess the success
of the guidelines. See 60 FR 49316-17 (Sept. 22, 1995). These efforts
will continue in the coming year, focusing primarily on the use of an
intensive study sample (ISS) of cases to better evaluate operation of
the Relevant Conduct and Criminal History guidelines.
V. Administrative Initiatives
As indicated in its 1995 work priorities notice, see 60 FR 49316,
17 (Sept. 22, 1995), the Commission is engaged in an ongoing effort to
maximize the efficiency of its limited staff resources. Additionally,
the Commission expects to soon publish for comment a set of Rules of
Practice and Procedure describing its internal operating practices and
the manner in which interested persons can participate in the
Commission's work.
[FR Doc. 96-16873 Filed 7-1-96; 8:45 am]
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