[Federal Register Volume 69, Number 169 (Wednesday, September 1, 2004)]
[Notices]
[Pages 53482-53483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19791]


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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 2004, the Commission published a notice of possible 
policy priorities for the amendment cycle ending May 1, 2005. See 69 FR 
36148 (June 28, 2004). After reviewing public comment received pursuant 
to the notice of proposed priorities, the Commission has identified its 
policy priorities for the upcoming amendment cycle and 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 its policy priorities for the 
amendment cycle ending May 1, 2005, and possibly continuing into the 
amendment cycle ending May 1, 2006. While the Commission intends to 
address these priority issues, it recognizes that other factors, most 
notably the resolution of United States v. Booker, -- F.3d --, 2004, WL 
1535858 (7th Cir. 2004), cert. granted, -- S.Ct. --, 2004 WL 1713654 
(Aug. 2, 2004) (No. 04-104) and United States v. Fanfan, 2004 WL 
1723114 (D. Me. June 28, 2004), cert. granted, -- S.Ct. --, 2004 WL 
1713655 (Aug. 2, 2004) (No. 04-105), both of which currently are 
pending before the United States Supreme Court, as well as the 
enactment of any legislation requiring Commission action, may affect 
the Commission's ability to complete work on any or all of the 
identified policy priorities by the statutory deadline of May 1, 2005.
    The Commission's policy priorities for the upcoming amendment cycle 
are as follows:
    (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) Completion 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 and 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 motions under 
18 U.S.C. Sec.  3582(c)(1)(A)(i) for sentence reductions for 
``extraordinary and compelling reasons';
    (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, Pub. L. 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; (f) commentary to Sec.  3C1.1 
(Obstructing or Impeding the Administration of Justice) regarding

[[Page 53483]]

encryption; and (g) counterespionage offenses under 18 U.S.C. 951.
    (12) Amendments to the Commission's Rules of Practice and Procedure 
regarding retroactivity, public access to Commission materials, and 
access to nonpublic Commission meetings.

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

Ricardo Hinojosa,
Chair.
[FR Doc. 04-19791 Filed 8-31-04; 8:45 am]
BILLING CODES 2210-40-P