[Federal Register Volume 79, Number 105 (Monday, June 2, 2014)]
[Notices]
[Pages 31409-31410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12619]


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UNITED STATES SENTENCING COMMISSION


Proposed Priorities for Amendment Cycle

AGENCY: United States Sentencing Commission.

ACTION: Notice; 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, 2015.

DATES: Public comment should be received on or before July 29, 2014.

ADDRESSES: Comments should be sent to the Commission by electronic mail 
or regular mail. The email address is [email protected]. The regular 
mail address is 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: Jeanne Doherty, Public Affairs 
Officer, 202-502-4502, [email protected].

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).
    Pursuant to 28 U.S.C. 994(g), the Commission intends to consider 
the issue of reducing costs of incarceration and overcapacity of 
prisons, to the extent it is relevant to any identified priority.
    The Commission provides this notice to identify tentative 
priorities for the amendment cycle ending May 1, 2015. 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, 2015. Accordingly, it may be necessary 
to continue work on any or all of these issues beyond the amendment 
cycle ending on May 1, 2015.
    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, including its recommendations regarding the severity and scope 
of mandatory minimum penalties, consideration of expanding the ``safety 
valve'' at 18 U.S.C. 3553(f), and elimination of the mandatory 
``stacking'' of penalties under 18 U.S.C. 924(c), and to develop 
appropriate guideline amendments in response to any related 
legislation.
    (2) Continuation of its work on economic crimes, including (A) a 
comprehensive, multi-year study of Sec.  2B1.1 (Theft, Property 
Destruction, and Fraud) and related guidelines, including examination 
of the loss table, the definition of loss, and role in the offense; (B) 
a study of offenses involving fraud on the market; (C) a study of 
antitrust offenses, including examination of the fine provisions in 
Sec.  2R1.1 (Bid-Rigging, Price-Fixing or Market Allocation Agreements 
Among Competitors); and (D) consideration of any amendments to such 
guidelines that may be appropriate in light of the information obtained 
from such studies.
    (3) Continuation of its multi-year study of statutory and guideline 
definitions relating to the nature of a defendant's prior conviction 
(e.g., ``crime of violence,'' ``aggravated felony,'' ``violent 
felony,'' ``drug trafficking offense,'' and ``felony drug offense'') 
and the impact of such definitions on the relevant statutory and 
guideline provisions (e.g., career offender, illegal reentry, and armed 
career criminal), possibly including recommendations to Congress on any 
statutory changes that may be appropriate and development of guideline 
amendments that may be appropriate.
    (4) Implementation of the directive to the Commission in section 10 
of the Fair Sentencing Act of 2010, Public Law 111-220 (enacted August 
3, 2010) (requiring the Commission, not later than 5 years after 
enactment, to ``study and submit to Congress a report regarding the 
impact of the changes in Federal sentencing law under this Act and the 
amendments made by this Act'').
    (5) Study of the operation of Sec.  3B1.2 (Mitigating Role) and 
related provisions

[[Page 31410]]

in the Guidelines Manual (e.g., the ``mitigating role cap'' in Sec.  
2D1.1(a)(5)), and consideration of any amendments to the Guidelines 
Manual that may be appropriate in light of the information obtained 
from such study.
    (6) Study of the guidelines applicable to immigration offenses and 
related criminal history rules, and consideration of any amendments to 
such guidelines that may be appropriate in light of the information 
obtained from such study.
    (7) Continuation of its 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.
    (8) Continuation of its multi-year review of federal sentencing 
practices pertaining to violations of conditions of probation and 
supervised release, including possible consideration of amending the 
policy statements in Chapter Seven of the Guidelines Manual.
    (9) Continuation of its work with the legislative, executive, and 
judicial branches of government, and other interested parties, with 
respect to the Commission's December 2012 report to Congress, titled 
The Continuing Impact of United States v. Booker on Federal Sentencing, 
and development of appropriate guideline amendments in response to any 
related legislation.
    (10) Continuation of its work with Congress and other interested 
parties on child pornography offenses to implement the recommendations 
set forth in the Commission's December 2012 report to Congress, titled 
Federal Child Pornography Offenses, including (A) possible development 
of appropriate guideline amendments in response to any related 
legislation; and (B) possible development of guideline amendments on 
the issue of victim restitution in light of Paroline v. United States, 
----U.S. ----, 134 S.Ct. 1710 (2014).
    (11) Consideration of amending the policy statement pertaining to 
``compassionate release,'' Sec.  1B1.13 (Reduction in Term of 
Imprisonment as a Result of Motion by Director of Bureau of Prisons).
    (12) Beginning a multi-year effort to simplify the operation of the 
guidelines, including a review of (A) cross references in the 
Guidelines Manual, (B) the use of relevant conduct in offenses 
involving conspiracies, (C) the use of acquitted conduct in applying 
the guidelines, and (D) the use of departures.
    (13) Implementation of any crime legislation enacted during the 
113th Congress warranting a Commission response.
    (14) 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.
    (15) Study of the availability of alternatives to incarceration.
    (16) Consideration of 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, 2015. 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. Sec.  994(a), (o); USSC Rules of Practice 
and Procedure 5.2.

Patti B. Saris,
Chair.
[FR Doc. 2014-12619 Filed 5-30-14; 8:45 am]
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