[Federal Register Volume 89, Number 108 (Tuesday, June 4, 2024)]
[Notices]
[Pages 48029-48030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12244]


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UNITED STATES SENTENCING COMMISSION


Proposed Priorities for Amendment Cycle

AGENCY: United States Sentencing Commission.

ACTION: Notice; request for 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 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, 
2025.

DATES: Public comment should be received by the Commission on or before 
July 15, 2024. Any public comment received after the close of the 
comment period may not be considered.

ADDRESSES: There are two methods for submitting public comment.
    Electronic Submission of Comments. Comments may be submitted 
electronically via the Commission's Public Comment Submission Portal at 
https://comment.ussc.gov. Follow the online instructions for submitting 
comments.
    Submission of Comments by Mail. Comments may be submitted by mail 
to the following address: United States Sentencing Commission, One 
Columbus Circle NE, Suite 2-500, Washington, DC 20002-8002, Attention: 
Public Affairs--Priorities Comment.

FOR FURTHER INFORMATION CONTACT: Jennifer Dukes, Senior Public Affairs 
Specialist, (202) 502-4597.

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 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 
identifying the possible policy priorities that the Commission expects 
to focus on during the amendment cycle ending May 1, 2025.
    In light of the 40th anniversary of the Sentencing Reform Act of 
1984, Public Law 98-473, 98 Stat. 1987 (1984), the Commission intends 
to focus on furthering the Commission's statutory purposes and missions 
as set forth in the Sentencing Reform Act, including:
    (1) Establishing ``sentencing policies and practices for the 
Federal criminal justice system that . . . assure the meeting of the 
purposes of sentencing''--namely, rehabilitation, deterrence, just 
punishment, and incapacitation. 28 U.S.C. 991(b)(1)(A).
    (2) Establishing ``sentencing policies and practices for the 
Federal criminal justice system that . . . provide certainty and 
fairness in meeting the purposes of sentencing, avoiding unwarranted 
sentencing disparities.'' 28 U.S.C. 991(b)(1)(B).
    (3) Establishing ``sentencing policies and practices for the 
Federal criminal justice system that . . . reflect, to the extent 
practicable, advancement of knowledge of human behavior as it relates 
to the criminal justice process.'' 28 U.S.C. 991(b)(1)(C).
    (4) ``[M]easuring the degree to which the sentencing, penal, and 
correctional practices are effective in meeting the purposes of 
sentencing.'' 28 U.S.C. 991 (b)(2).
    (5) Establishing ``general policies and promulgat[ing] such rules 
and regulations for the Commission as are necessary to carry out'' the 
Commission's statutory missions. 28 U.S.C. 995(a)(1).
    (6) Requesting ``such information, data, and reports from any 
Federal agency or judicial officer as the Commission may from time to 
time require and as may be produced consistent with other law.'' 28 
U.S.C. 995(a)(8).
    (7) ``[S]erving as a clearinghouse and information center for the 
collection, preparation, and dissemination of information on Federal 
sentencing practices.'' 28 U.S.C. 995(a)(12)(A).
    (8) Devising and conducting ``seminars and workshops providing 
continuing studies for persons engaged in the sentencing field'' and 
``training programs of instruction in sentencing techniques for 
judicial and probation personnel and other persons connected with the 
sentencing process.'' 28 U.S.C. 995(a)(17)-(18).
    (9) Making ``recommendations to Congress concerning modification or 
enactment of statutes relating to sentencing, penal, and correctional 
matters that the Commission finds to be necessary and advisable to 
carry out an effective, humane and rational sentencing policy.'' 28 
U.S.C. 995(a)(20).
    (10) Holding ``hearings and call[ing] witnesses that might assist 
the Commission in the exercise of its powers or duties.'' 28 U.S.C. 
995(a)(21).
    (11) Performing ``such other functions as are required to permit 
Federal courts to meet their responsibilities under section 3553(a) of 
title 18, United States Code, and to permit others involved in the 
Federal criminal justice system to meet their related 
responsibilities.'' 28 U.S.C. 995(a)(22).
    The Commission seeks public comment on what work it should 
prioritize during the amendment cycle ending May 1, 2025. In 
particular, the Commission invites the public to recommend specific 
avenues of research or policymaking that would allow the Commission to 
fulfill the statutory goals cited above. Commenters are encouraged to 
provide text of proposed amendments, policy statements, or research 
agendas that might address the relevant priority. Commenters are 
welcome to propose lines of work that could be completed in the 
upcoming amendment cycle, as well as priorities that might require 
multi-year efforts to complete.
    The Commission also seeks comment on the following, more specific 
proposed priorities:
    (1) Continuation of ongoing priorities from prior amendment cycles 
and possible consideration of amendments that might be appropriate, 
including continued examination of the career offender guidelines (and 
alternative approaches to the ``categorical approach'' in determining 
whether an offense is a ``crime of violence'' or a ``controlled 
substance offense'') as well as exploration of ways to simplify the 
guidelines (including continuation of its work from last amendment 
cycle on possible amendments to the Guidelines Manual to address the 
three-step process set forth in Sec.  1B1.1 (Application Instructions) 
and the use of departures

[[Page 48030]]

and policy statements relating to specific personal characteristics).
    (2) Implementation of any legislation warranting Commission action.
    (3) 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).
    (4) Consideration of other miscellaneous issues coming to the 
Commission's attention.
    The Commission also welcomes comment on any additional priorities 
commenters believe the Commission should consider in the upcoming 
amendment cycle and beyond.
    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.
    Public comment should be sent to the Commission as indicated in the 
ADDRESSES section above.
    Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and 
Procedure 2.2, 5.2.

Carlton W. Reeves,
Chair.
[FR Doc. 2024-12244 Filed 6-3-24; 8:45 am]
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