[Federal Register Volume 79, Number 161 (Wednesday, August 20, 2014)]
[Notices]
[Pages 49378-49379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19766]


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UNITED STATES SENTENCING COMMISSION


Final Priorities for Amendment Cycle

AGENCY: United States Sentencing Commission.

ACTION: Notice of final priorities.

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SUMMARY: In June 2014, the Commission published a notice of possible 
policy

[[Page 49379]]

priorities for the amendment cycle ending May 1, 2015. See 79 FR 31409 
(June 2, 2014). 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: Jeanne Doherty, Public Affairs 
Officer, 202-502-4502, [email protected].

SUPPLEMENTARY INFORMATION: The United States Sentencing Commission is 
an independent commission 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.
    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, 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 
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 section 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; and (C) 
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 section 3B1.2 (Mitigating Role) and 
related provisions in the Guidelines Manual (e.g., the ``mitigating 
role cap'' in section 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. The 
Commission also intends to study risk assessment tools and their 
various uses, possibly including development of recommendations about 
the proper role of these tools.
    (8) Continuation of its multi-year review of federal sentencing 
practices pertaining to imposition and violations of conditions of 
probation and supervised release, including possible consideration of 
amending the relevant provisions in Chapters Five and 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) Beginning a multi-year effort to simplify the operation of the 
guidelines, including an examination of (A) the overall structure of 
the guidelines post-Booker, (B) cross references in the Guidelines 
Manual, (C) the use of relevant conduct in offenses involving multiple 
participants, (D) the use of acquitted conduct in applying the 
guidelines, and (E) the use of departures.
    (11) 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.
    (12) Study of the availability of alternatives to incarceration.
    (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) Consideration of any miscellaneous guideline application 
issues coming to the Commission's attention from case law and other 
sources.

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

Patti B. Saris,
Chair.
[FR Doc. 2014-19766 Filed 8-19-14; 8:45 am]
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