[Federal Register Volume 87, Number 216 (Wednesday, November 9, 2022)]
[Notices]
[Pages 67756-67757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24546]


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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 October 2022, the Commission published a notice of proposed 
policy priorities for the amendment cycle ending May 1, 2023. 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: 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 Congress not later than the first day of May 
each year pursuant to 28 U.S.C. 994(p). See 87 FR 60438 (October 5, 
2022).
    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, 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.
    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 for the 
amendment cycle ending May 1, 2023:
    (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 section 2D1.1 (Unlawful 
Manufacturing, Importing, Exporting, or Trafficking (Including 
Possession with Intent to Commit These Offenses)), section 2D1.11 
(Unlawfully Distributing, Importing, Exporting or Possessing a Listed 
Chemical; Attempt or Conspiracy), section 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 section 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 section 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 section 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 Commission studies, consideration of possible 
amendments to the Guidelines Manual relating to criminal history to 
address (A) the impact of ``status'' points under subsection (d) of 
section 4A1.1 (Criminal History Category); (B) the treatment of 
defendants with zero criminal history points; and (C) the impact of 
simple possession of marihuana offenses.
    (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) Consideration of possible amendments to the Guidelines Manual 
to address sexual abuse or contact offenses against a victim in the 
custody, care, or supervision of, and committed by law enforcement or 
correctional personnel.
    (11) Multiyear study of the Guidelines Manual to address case law 
concerning the validity and enforceability of guideline commentary.
    (12) Continuation of its multiyear examination of the structure of 
the guidelines post-Booker to simplify the guidelines while promoting 
the statutory purposes of sentencing.
    (13) 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.
    (14) Consideration of other miscellaneous issues, including 
possible amendments to (A) section 2D1.1 (Unlawful Manufacturing, 
Importing, Exporting, or Trafficking (Including Possession with Intent 
to Commit These Offenses) to address offenses involving 
misrepresentation or marketing of a controlled substance as another 
substance; (B) section 3D1.2 (Grouping of Closely Related Counts) to 
address

[[Page 67757]]

the interaction between section 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 section 3D1.2(d); and (C) section 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. 2022-24546 Filed 11-8-22; 8:45 am]
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