[Federal Register Volume 87, Number 192 (Wednesday, October 5, 2022)]
[Notices]
[Pages 60438-60439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21551]


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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 policy priorities for the amendment cycle 
ending May 1, 2023.

DATES: Public comment should be received by the Commission on or before 
October 17, 2022.

ADDRESSES: Comments should be sent to the Commission by electronic mail 
or

[[Page 60439]]

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: Jennifer Dukes, Senior Public Affairs 
Specialist, (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 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 possible policy 
priorities for the amendment cycle ending May 1, 2023. 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, 2023. 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. The Commission invites 
comment on the proposed priorities set forth below. Public comment 
should be sent to the Commission as indicated in the ADDRESSES section 
above.
    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 proposed priorities for the amendment cycle ending May 1, 2023, 
are as follows:
    (1) Consideration of possible amendments to Sec.  1B1.13 (Reduction 
in Term of Imprisonment Under 18 U.S.C. 3582(c)(1)(A) (Policy 
Statement)) to (A) implement the First Step Act of 2018 (Pub. L. 115-
391); and (B) further describe what should be considered extraordinary 
and compelling reasons for sentence reductions under 18 U.S.C. 
3582(c)(1)(A).
    (2) Consideration of possible amendments to Sec.  2D1.1 (Unlawful 
Manufacturing, Importing, Exporting, or Trafficking (Including 
Possession with Intent to Commit These Offenses), Sec.  2D1.11 
(Unlawfully Distributing, Importing, Exporting or Possessing a Listed 
Chemical; Attempt or Conspiracy), Sec.  5C1.2 (Limitation on 
Applicability of Statutory Minimum Sentences in Certain Cases), and 
related provisions in the Guidelines Manual, to implement the First 
Step Act of 2018 (Pub. L. 115-391).
    (3) Consideration of possible amendments to Sec.  2K2.1 (Unlawful 
Receipt, Possession, or Transportation of Firearms or Ammunition; 
Prohibited Transactions Involving Firearms or Ammunition) to (A) 
implement the Bipartisan Safer Communities Act (Pub. L. 117-159); and 
(B) make any other changes that may be warranted to appropriately 
address firearms offenses.
    (4) 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), including the circuit conflicts 
concerning (A) whether the government may withhold a motion pursuant to 
subsection (b) of Sec.  3E1.1 (Acceptance of Responsibility) because a 
defendant moved to suppress evidence; and (B) whether an offense must 
involve a substance controlled by the Controlled Substances Act (21 
U.S.C. 801 et seq.) to qualify as a ``controlled substance offense'' 
under subsection (b) of Sec.  4B1.2 (Definitions of Terms Used in 
Section 4B1.1).
    (5) Implementation of any legislation warranting Commission action.
    (6) Continuation of its multiyear work on Sec.  4B1.2 (Definitions 
of Terms Used in Section 4B1.1), including possible amendments to (A) 
provide an alternative approach to the ``categorical approach'' in 
determining whether an offense is a ``crime of violence'' or a 
``controlled substance offense''; and (B) address various application 
issues, including the meaning of ``robbery'' and ``extortion,'' and the 
treatment of inchoate offenses and offenses involving an offer to sell 
a controlled substance.
    (7) In light of the Commission's studies on recidivism, 
consideration of possible amendments to the Guidelines Manual relating 
to criminal history to address (A) the impact of ``status'' points 
under subsection (d) of Sec.  4A1.1 (Criminal History Category); and 
(B) the treatment of defendants with zero criminal history points.
    (8) Consideration of possible amendments to the Guidelines Manual 
addressing 28 U.S.C. 994(j).
    (9) Consideration of possible amendments to the Guidelines Manual 
to prohibit the use of acquitted conduct in applying the guidelines.
    (10) Multiyear study of the Guidelines Manual to address case law 
concerning the validity and enforceability of guideline commentary.
    (11) Continuation of its multiyear examination of the structure of 
the guidelines post-Booker to simplify the guidelines while promoting 
the statutory purposes of sentencing.
    (12) Multiyear study of court-sponsored diversion and alternatives-
to-incarceration programs (e.g., Pretrial Opportunity Program, 
Conviction And Sentence Alternatives (CASA) Program, Special Options 
Services (SOS) Program), including consideration of possible amendments 
to the Guidelines Manual that might be appropriate.
    (13) Consideration of other miscellaneous issues, including 
possible amendments to (A) Sec.  3D1.2 (Grouping of Closely Related 
Counts) to address the interaction between Sec.  2G1.3 (Promoting a 
Commercial Sex Act or Prohibited Sexual Conduct with a Minor; 
Transportation of Minors to Engage in a Commercial Sex Act or 
Prohibited Sexual Conduct; Travel to Engage in Commercial Sex Act or 
Prohibited Sexual Conduct with a Minor; Sex Trafficking of Children; 
Use of Interstate Facilities to Transport Information about a Minor) 
and Sec.  3D1.2(d); and (B) Sec.  5F1.7 (Shock Incarceration Program 
(Policy Statement)) to reflect that the Bureau of Prisons no longer 
operates a shock incarceration program.
    Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and 
Procedure 5.2.

Carlton W. Reeves,
Chair.
[FR Doc. 2022-21551 Filed 10-4-22; 8:45 am]
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