[Federal Register Volume 70, Number 123 (Tuesday, June 28, 2005)]
[Notices]
[Pages 37145-37146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12742]


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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 Rules of 
Practice and Procedure, the Commission is seeking comment on possible 
priority policy issues for the amendment cycle ending May 1, 2006.

DATES: Public comment should be received on or before August 15, 2005.

[[Page 37146]]


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).
    While the Commission provides this notice to identify tentative 
priorities, it recognizes that other factors, most notably changes that 
may be required as a result of United States v. Booker, 543 U.S.---- 
(2005); 125 S.Ct. 738 (2005), as well as the enactment of any 
legislation requiring Commission action, may affect the Commission's 
ability to complete work on any or all policy issues by the statutory 
deadline of May 1, 2006.
    For the amendment cycle ending May 1, 2006, and possibly continuing 
into the amendment cycle ending May 1, 2007, the Commission has 
identified the following tentative priorities:
    (1) Implementation of crime legislation enacted during the 108th 
Congress and the first session of the 109th Congress warranting a 
Commission response, including (A) the Family Entertainment and 
Copyright Act of 2005, Public Law 109-9; (B) the Intellectual Property 
Protection and Courts Amendment Act of 2004, Public Law 108-482; (C) 
the Anabolic Steroids Act, Public Law 108-358; (D) the Intelligence 
Reform and Terrorism Reform Act of 2004, Public Law 108-458; and (E) 
other legislation, authorizing statutory penalties and creating new 
offenses, that requires incorporation into the guidelines;
    (2) Continuation of its work with the congressional, executive, and 
judicial branches of the government and other interested parties on 
appropriate responses to United States v. Booker, including any 
appropriate guideline changes;
    (3) 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;
    (4) Continuation of its work with the congressional, executive, and 
judicial branches of the government and other interested parties on 
cocaine sentencing policy, including the update of Commission research, 
in view of the Commission's 2002 report to Congress, Cocaine and 
Federal Sentencing Policy;
    (5) Review, and possible amendment, of commentary in Chapter Eight 
(Organizations) regarding waiver of the attorney-client privilege and 
work product protections;
    (6) Resolution of a number of circuit conflicts, pursuant to the 
Commission's continuing authority and responsibility, under 28 U.S.C. 
Sec.  991(b)(1)(B) and Braxton v. United States, 500 U.S. 344 (1991), 
to resolve conflicting interpretations of the guidelines by the federal 
courts; and
    (7) Review and amendment of pertinent guideline provisions to 
address 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 in cases in which the offense level exceeds level 43.
    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, 2006, 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.

Ricardo H. Hinojosa,
Chair.
[FR Doc. 05-12742 Filed 6-27-05; 8:45 am]
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