[Federal Register Volume 69, Number 123 (Monday, June 28, 2004)]
[Notices]
[Pages 36148-36149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14592]


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UNITED STATES SENTENCING COMMISSION


Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Notice of proposed priorities; 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 Rule 5.2 of its

[[Page 36149]]

Rules of Practice and Procedure, the Commission is seeking comment on 
possible priority policy issues for the amendment cycle ending May 1, 
2005.

DATES: Public comment should be received on or before August 5, 2004.

ADDRESSES: Send comments to: United States Sentencing Commission, One 
Columbus Circle, NE., Suite 2-500, South Lobby, Washington, DC 20002-
8002, Attention: Public Affairs-Priorities Comment.

FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Affairs 
Officer, Telephone: (202) 502-4590.

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 sentencing 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).
    For the amendment cycle ending May 1, 2005, and possibly continuing 
into the amendment cycle ending May 1, 2006, the Commission has 
identified the following tentative priorities:
    (1) Implementation of crime legislation enacted during the second 
session of the 108th Congress warranting a Commission response.
    (2) Continuation of its policy work regarding immigration offenses, 
specifically, offenses under Sec. Sec.  2L1.1 (Smuggling, Transporting, 
or Harboring an Unlawful Alien), and 2L1.2 (Unlawfully Entering or 
Remaining in the United States), and chapter two, part L, subpart 2 
(Naturalization and Passports), which also may involve the formation of 
an ad hoc advisory group on immigration offenses.
    (3) 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.
    (4) Continuation of its multi-year 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 the inclusion or exclusion 
of certain prior offenses; (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.
    (5) Continued review of data regarding the incidence of downward 
departures and fast-track programs, in view of the PROTECT Act.
    (6) Continuation of its work with Congress and other interested 
parties on cocaine sentencing policy in view of the Commission's 2002 
report to Congress, Cocaine and Federal Sentencing Policy.
    (7) A general review of the firearms guidelines in chapter two, 
part K (Offenses Involving Public Safety), including an assessment of 
non-MANPADS destructive devices.
    (8) Consideration of policy statements pertaining to compassionate 
release programs.
    (9) A general review of, and possible amendments pertaining to, 
hazardous materials, and possibly other environmental offenses under 
chapter two, part Q (Offenses Involving the Environment).
    (10) Continued monitoring of, and/or possible amendments pertaining 
to, section 5 of the CAN-SPAM Act, Public Law 108-187.
    (11) Other miscellaneous and limited issues pertaining to the 
operation of the sentencing guidelines, including (A) resolution of a 
number of circuit conflicts, including the circuit conflict regarding 
the definition of ``felony'', as incorporated into Sec.  2K2.6 
(Possessing, Purchasing, or Owning Body Armor by Violent Felons) 
effective November 1, 2004; (B) continuation of policy work regarding 
offenses involving gamma-butyrolactone (GBL), a precursor for gamma-
hydroxybutyric acid (GHB), sentenced under Sec.  2D1.11 (Unlawfully 
Distributing, Importing, Exporting or Possessing a Listed Chemical; 
Attempt or Conspiracy); (C) simulated controlled substances; (D) 
structural issues regarding the Sentencing Table in chapter five, part 
A, particularly ``cliff-like'' effects occurring between levels 42 and 
43, and a possible adjustment to the offense level computation when the 
offense level exceeds level 43; (E) commentary regarding the 
appropriate starting point for departures under Sec.  5K1.1 
(Substantial Assistance), particularly in cases in which the government 
has moved for relief from imposition of an otherwise applicable 
mandatory minimum term of imprisonment; and (F) commentary to Sec.  
3C1.1 (Obstructing or Impeding the Administration of Justice) regarding 
encryption; and
    (12) Amendments to the Commission's Rules of Practice and Procedure 
regarding retroactivity, public access to Commission materials, and 
access to nonpublic Commission meetings.
    The Commission hereby gives notice that it is seeking comment on 
these tentative priorities and on any other issues that interested 
persons believe the Commission should address during the amendment 
cycle ending May 1, 2005, including short- and long-term research 
issues. To the extent practicable, comments submitted on such issues 
should include the following: (1) A statement of the issue, including 
scope and manner of study, particular problem areas and possible 
solutions, and any other matters relevant to a proposed priority; (2) 
citations to applicable sentencing guidelines, statutes, case law, and 
constitutional provisions; and (3) a direct and concise statement of 
why the Commission should make the issue a priority.

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


John R. Steer,
Vice Chair.
[FR Doc. 04-14592 Filed 6-25-04; 8:45 am]
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