[Federal Register Volume 68, Number 169 (Tuesday, September 2, 2003)]
[Notices]
[Pages 52264-52265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22250]


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UNITED STATES SENTENCING COMMISSION


Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Notice of final priorities.

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SUMMARY: In June 2003, the Commission published a notice of possible 
policy priorities for the amendment cycle ending May 1, 2004. See 68 FR 
39173 (July 1, 2003). After reviewing public comment received pursuant 
to this notice, the Commission has identified 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) 502-4590.

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

[[Page 52265]]

amendments to guidelines, policy statements, and commentary, for the 
amendment cycle ending May 1, 2004. 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, 2004. The 
Commission may address any unfinished policy work from this agenda 
during the amendment cycle ending May 1, 2005.
    For the amendment cycle ending May 1, 2004, and possibly continuing 
into the amendment cycle ending May 1, 2005, the Commission has 
identified the following policy priorities:
    (1) Implementation of the PROTECT Act, Pub. L. 108-21, including 
guideline amendments addressing the directives to the Commission in (A) 
section 401 pertaining to downward departures; (B) sections 401, 504, 
512, and 513 pertaining to new and existing sex offenses and offenses 
involving virtual pornography; and (C) section 608 pertaining to 
increased penalties for offenses involving the trafficking of GHB;
    (2) consideration and implementation of recommendations made by the 
Commission's Organizational Guidelines Advisory Group;
    (3) consideration and implementation of recommendations made by the 
Commission's Native American Advisory Group;
    (4) continuation of its work implementing the 21st Century 
Department of Justice Appropriations Authorization Act, Pub. L. 107-
273, including guideline amendments pertaining to (A) assaulting or 
threatening Federal judges or other officials described in 18 U.S.C. 
111 or 115; and (B) a new offense, at 18 U.S.C. 931, prohibiting 
violent felons from purchasing, owning, or possessing body armor;
    (5) consideration of guideline amendment proposals related to the 
public corruption guidelines in Chapter Two, Part C (Offenses Involving 
Public Officials);
    (6) 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);
    (7) continuation of its policy work related to manslaughter, 
particularly consideration of guideline amendment proposals providing 
specific offense characteristics in 2A1.4 (Involuntary Manslaughter), 
and other homicide offenses;
    (8) continuation of its policy work related to immigration 
offenses, including offenses under 2L1.1 (Smuggling, Transporting, or 
Harboring an Unlawful Alien) and 2L1.2 (Unlawfully Entering or 
Remaining in the United States);
    (9) continuation of its work with Congress and other interested 
parties on cocaine sentencing policy consistent with the 
recommendations made by the Commission in its 2002 report to Congress, 
Cocaine and Federal Sentencing Policy;
    (10) consideration of guideline amendment proposals pertaining to 
terrorism, including terrorism offenses involving man-portable air 
defense systems (MANPADS) and other similar weapons and the illegal 
transportation of hazardous materials;
    (11) consideration of guideline amendment proposals pertaining to 
compassionate release programs;
    (12) other miscellaneous and limited issues pertaining to the 
operation of the sentencing guidelines, including (A) offenses 
involving the unlawful sale or transportation of drug paraphernalia; 
and (B) offenses involving the receipt or possession of stolen mail;
    (13) implementation of other crime legislation enacted during the 
first session of the 108th Congress warranting a Commission response;
    (14) review of the limitation on the base offense level (i.e., not 
more than level 30) provided in subsection (a)(3) of 2D1.1 (Unlawful 
Manufacturing, Importing, Exporting, or Trafficking (Including 
Possession with Intent to Commit these Offenses); Attempt or 
Conspiracy); and
    (15) continuation of its multiyear 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.

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

Diana E. Murphy,
Chair.
[FR Doc. 03-22250 Filed 8-29-03; 8:45 am]
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