[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Notices]
[Pages 39949-39950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17754]


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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 2017, the Commission published a notice of proposed 
policy priorities for the amendment cycle ending May 1, 2018. See 82 FR 
28381 (June 21, 2017). 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: Christine Leonard, Director, Office of 
Legislative and Public Affairs, (202) 502-4500, [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

[[Page 39950]]

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 Congress not later than the first day of May 
each year pursuant to 28 U.S.C. 994(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, 2018. Other factors, such as legislation 
requiring Commission action, may affect the Commission's ability to 
complete work on any or all identified priorities by May 1, 2018. 
Accordingly, the Commission may continue work on any or all identified 
priorities after that date or may decide not to pursue one or more 
identified priorities.
    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 has identified the following priorities:
    (1) Continuation of its multiyear examination of the structure of 
the guidelines post-Booker and consideration of legislative 
recommendations or guideline amendments to simplify the guidelines, 
while promoting proportionality and reducing sentencing disparities, 
and to account appropriately for the defendant's role, culpability, and 
relevant conduct.
    (2) Continuation of its multiyear study of offenses involving 
synthetic cathinones (such as methylone, MDPV, and mephedrone) and 
synthetic cannabinoids (such as JWH-018 and AM-2201), as well as 
tetrahydrocannabinol (THC), fentanyl, and fentanyl analogues, and 
consideration of appropriate guideline amendments, including 
simplifying the determination of the most closely related substance 
under Application Note 6 of the Commentary to Sec.  2D1.1.
    (3) Continuation of its work with Congress and others to implement 
the recommendations of the Commission's 2016 report to Congress, Career 
Offender Sentencing Enhancements, including its recommendations to 
revise the career offender directive at 28 U.S.C. 994(h) to focus on 
offenders who have committed at least one ``crime of violence'' and to 
adopt a uniform definition of ``crime of violence'' applicable to the 
guidelines and other recidivist statutory provisions.
    (4) Continuation of its work with Congress and others to implement 
the recommendations of the Commission's 2011 report to Congress, 
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 preparation of a 
series of publications updating the data in the report.
    (5) Continuation of its comprehensive, multiyear study of 
recidivism, including the circumstances that correlate with increased 
or reduced recidivism; consideration of developing recommendations to 
reduce incarceration costs and prison overcapacity, and to promote 
effective reentry programs; and consideration of appropriate guideline 
amendments, including revising Chapter Four and Chapter Five (A) to 
lower guideline ranges for ``first offenders'' and (B) to increase the 
availability of alternatives to incarceration for such offenders at the 
lower levels of the Sentencing Table.
    (6) Implementation of the Bipartisan Budget Act of 2015, Public Law 
114-74, and other legislation warranting Commission action.
    (7) Continuation of its study of the May 2016 Report of the 
Commission's Tribal Issues Advisory Group and consideration of 
appropriate guideline amendments, including (A) revising how tribal 
court convictions are addressed in Chapter Four and (B) providing a 
definition of ``court protection order'' that would apply throughout 
the guidelines.
    (8) Continuation of its examination of Chapter Four, Part A 
(Criminal History) and consideration of amendments to revise how the 
guidelines (A) treat convictions for offenses committed prior to age 
eighteen; (B) treat revocations under Sec.  4A1.2(k) when the original 
sentence would not otherwise receive criminal history points because it 
is outside the time periods in Sec.  4A1.2(d)(2) and (e); and (C) 
account in Sec.  4A1.3 for instances in which the time actually served 
was substantially less than the length of the sentence imposed for a 
conviction counted in the criminal history score.
    (9) Continuation of its study of alternatives to incarceration, 
preparation of a publication on the development of alternative-to-
incarceration programs in federal district courts, and consideration of 
appropriate guideline amendments, including consolidating Zones B and C 
of the Sentencing Table in Chapter 5, Part A.
    (10) Resolution of circuit conflicts as warranted, pursuant to the 
Commission's authority under 28 U.S.C. 991(b)(1)(B) and Braxton v. 
United States, 500 U.S. 344 (1991).
    (11) Consideration of other miscellaneous guideline application 
issues, including whether a defendant's denial of relevant conduct 
should be considered in determining whether the defendant has accepted 
responsibility for purposes of Sec.  3E1.1.

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

William H. Pryor, Jr.,
Acting Chair.
[FR Doc. 2017-17754 Filed 8-21-17; 8:45 am]
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