[Federal Register Volume 67, Number 171 (Wednesday, September 4, 2002)]
[Notices]
[Pages 56612-56613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22541]


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UNITED STATES SENTENCING COMMISSION


Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Notice of final policy priorities for amendment cycle ending 
May 1, 2003.

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SUMMARY: In June 2002, the Commission published a notice of possible 
policy priorities for the amendment cycle ending May 1, 2003. See 67 FR 
42308 (June 21, 2002). After reviewing public comment received pursuant 
to this notice, the Commission has identified

[[Page 56613]]

its policy priorities for the upcoming amendment cycle. The Commission 
hereby gives notice of these policy priorities.

FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Affairs 
Officer, Telephone: (202) 5024590.

SUPPLEMENTARY INFORMATION: The United States Sentencing Commission, an 
independent commission in the judicial branch of the United States 
Government, is authorized by 28 U.S.C. 994(a) to promulgate sentencing 
guidelines and policy statements for federal courts. Section 994 also 
directs the Commission periodically to review and revise promulgated 
guidelines and authorizes it to submit guideline amendments to Congress 
not later than the first day of May each year. See 28 U.S.C. 994(o), 
(p).
    As part of its statutory authority and responsibility to analyze 
sentencing issues, including operation of the federal sentencing 
guidelines, the Commission has identified certain priorities as the 
focus of its policy development work, including possible amendments to 
guidelines, policy statements, and commentary, for the amendment cycle 
ending May 1, 2003. While the Commission intends to address these 
priority issues, it recognizes that other factors, such as the 
enactment of legislation requiring Commission action, may affect the 
Commission's ability to complete work on all of the identified policy 
priorities by the statutory deadline of May 1, 2003. The Commission may 
address any unfinished policy work from this agenda during the 
amendment cycle ending May 1, 2004.
    For the amendment cycle ending May 1, 2003, and possibly continuing 
into the amendment cycle ending May 1, 2004, the Commission has 
identified the following policy priorities: (1) Implementation of the 
Sarbanes-Oxley Act of 2002, Pub. L. 107204, which pertains to corporate 
fraud, securities fraud, as well as other general types of fraud, and 
requires the Commission to promulgate amendments under emergency 
amendment authority; (2) implementation of the Bipartisan Campaign 
Reform Act of 2002, Pub. L. 107155, which requires the Commission to 
promulgate amendments under emergency amendment authority; (3) in 
conjunction with its work on the Bipartisan Campaign Reform Act of 
2002, a review of the public corruption guidelines in Chapter Two, Part 
C (Offenses Involving Public Officials), through the amendment cycle 
ending May 1, 2004; (4) continuation of its policy work relating to the 
USA PATRIOT ACT, Pub. L. 10756, nuclear, biological, and chemical 
weapons offenses, and other terrorism offenses, including offenses 
created by the Public Health Security and Bioterrorism Preparedness and 
Response Act of 2002, Pub. L. 107188, and the Terrorist Bombings 
Convention Implementation Act of 2002, Pub. L. 107197; (5) continuation 
of its work on the 15 Year Study, which is composed of a number of 
projects geared toward analyzing the guidelines in light of the goals 
of sentencing reform described in the Sentencing Reform Act and the 
statutory purposes of sentencing set forth in 18 U.S.C. 3553(a)(2); (6) 
continuation, through the amendment cycle ending May 1, 2004, of its 
research, policy work, and possible guideline amendments relating to 
Chapter Four (Criminal History and Criminal Livelihood), which may 
include (A) assessment of the calculation of criminal history points 
for first time offenders and offenders who are in the highest criminal 
history categories; (B) assessment of the criminal history rules for 
minor offenses, juvenile offenses, and expunged convictions; (C) 
assessment of the criminal history rules for related cases; and (D) 
consideration of other application issues relating to simplifying the 
operation of Chapter Four; (7) Sec.  3E1.1 (Acceptance of 
Responsibility), which may include an assessment of downward 
adjustments given for timely entry of a guilty plea prior to trial 
preparation, provision of information regarding the defendant's role in 
the offense, and the criteria for demonstrating acceptance of 
responsibility; (8) consideration, through the amendment cycle ending 
May 1, 2004, of amendment proposals pertaining to compassionate release 
programs; and (9) other miscellaneous and limited issues pertaining to 
the operation of the sentencing guidelines, including (A) offenses 
involving trafficking in oxycodone; (B) offenses involving trafficking 
in red phosphorous; (C) offenses involving the unlawful sale or 
transportation of drug paraphernalia; (D) Sec.  5G1.3 (Imposition of a 
Sentence on a Defendant Subject to an Undischarged Term of 
Imprisonment); and (E) policies for voluntary disclosure of offense 
conduct by defendants (Sec.  5K2.16 (Voluntary Disclosure of Offense)) 
and related guidelines. The Commission also will continue to provide 
its assistance to Congress and the Administration with respect to the 
Commission's report to Congress, Cocaine and Federal Sentencing Policy, 
which was submitted in May 2002.

    Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and 
Procedure 5.2.

Diana E. Murphy,
Chair.
[FR Doc. 02-22541 Filed 90302; 8:45 am]
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