[Federal Register Volume 77, Number 101 (Thursday, May 24, 2012)]
[Notices]
[Pages 31069-31070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12599]


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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 United States Sentencing Commission is 
seeking comment on possible priority policy issues for the amendment 
cycle ending May 1, 2013.

DATES: Public comment should be received on or before July 23, 2012.

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.

[[Page 31070]]


FOR FURTHER INFORMATION CONTACT: Jeanne Doherty, Office of Legislative 
and Public Affairs, 202-502-4502.

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).
    The Commission provides this notice to identify tentative 
priorities for the amendment cycle ending May 1, 2013. The Commission 
recognizes, however, that other factors, such as the enactment of any 
legislation requiring Commission action, may affect the Commission's 
ability to complete work on any or all of its identified priorities by 
the statutory deadline of May 1, 2013. Accordingly, it may be necessary 
to continue work on any or all of these issues beyond the amendment 
cycle ending on May 1, 2013.
    As so prefaced, the Commission has identified the following 
tentative priorities:
    (1) Continuation of its work with Congress and other interested 
parties on statutory mandatory minimum penalties to implement the 
recommendations set forth in the Commission's 2011 report to Congress, 
titled Mandatory Minimum Penalties in the Federal Criminal Justice 
System, and to develop appropriate guideline amendments in response to 
any related legislation.
    (2) Continuation of its work with the congressional, executive, and 
judicial branches of government, and other interested parties, to study 
the manner in which United States v. Booker, 543 U.S. 220 (2005), and 
subsequent Supreme Court decisions have affected federal sentencing 
practices, the appellate review of those practices, and the role of the 
federal sentencing guidelines. The Commission anticipates that it will 
issue a report with respect to its findings, possibly including (A) an 
evaluation of the impact of those decisions on the federal sentencing 
guideline system; (B) recommendations for legislation regarding federal 
sentencing policy; (C) an evaluation of the appellate standard of 
review applicable to post-Booker federal sentencing decisions; and (D) 
possible consideration of amendments to the federal sentencing 
guidelines. The Commission also intends to work with the judicial 
branch and other interested parties to develop enhanced methods for 
collecting and disseminating information and data about the use of 
variances and the specific reasons for imposition of such sentences 
under 18 U.S.C. 3553(a).
    (3) Continuation of its review of child pornography offenses and 
report to Congress as a result of such review. It is anticipated that 
any such report would include (A) a review of the incidence of, and 
reasons for, departures and variances from the guideline sentence; (B) 
a compilation of studies on, and analysis of, recidivism by child 
pornography offenders; and (C) possible recommendations to Congress on 
any statutory and/or guideline changes that may be appropriate.
    (4) Continuation of its work on economic crimes, including (A) a 
comprehensive, multi-year study of '2B1.1 (Theft, Property Destruction, 
and Fraud) and related guidelines, including examination of the loss 
table and the definition of loss, and (B) consideration of any 
amendments to such guidelines that may be appropriate in light of the 
information obtained from such study.
    (5) Continuation of its multi-year study of the statutory and 
guideline definitions of ``crime of violence'', possibly including 
recommendations to Congress on any statutory changes that may be 
appropriate and development of guideline amendments that may be 
appropriate in response to any related legislation.
    (6) Undertaking a comprehensive, multi-year study of recidivism, 
including (A) examination of circumstances that correlate with 
increased or reduced recidivism; (B) possible development of 
recommendations for using information obtained from such study to 
reduce costs of incarceration and overcapacity of prisons; and (C) 
consideration of any amendments to the Guidelines Manual that may be 
appropriate in light of the information obtained from such study.
    (7) Resolution of circuit conflicts, pursuant to the Commission's 
continuing authority and responsibility, under 28 U.S.C. 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.
    (8) Implementation of any crime legislation enacted during the 
111th or 112th Congress warranting a Commission response.
    (9) Consideration of (A) whether any amendments to the Guidelines 
Manual may be appropriate in light of Setser v. United States, U.S. 
(March 28, 2012); and (B) any miscellaneous guideline application 
issues coming to the Commission's attention from case law and other 
sources.
    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, 2013. To the extent practicable, public comment 
should include the following: (1) A statement of the issue, including, 
where appropriate, the 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.

Patti B. Saris,
Chair.
[FR Doc. 2012-12599 Filed 5-23-12; 8:45 am]
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