[Federal Register Volume 90, Number 111 (Wednesday, June 11, 2025)]
[Notices]
[Pages 24710-24711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10556]
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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 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,
2026.
DATES: Public comment should be received by the Commission on or before
July 18, 2025. 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 to identify possible policy
priorities for the amendment cycle ending May 1, 2026. 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, 2026. 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 invites comment on the following proposed priorities
for the amendment cycle ending May 1, 2026, including comment on any
additional priorities commenters believe the Commission should consider
in the upcoming amendment cycle and beyond, and comment proposing
specific amendment text or research agendas that would address a given
priority:
(1) Examination of how the guidelines can provide courts with
additional guidance on selecting the appropriate sentencing option
(e.g., imprisonment, probation, or fine), and possible consideration of
amendments that might be appropriate.
(2) Further examination of the penalty structure for certain drug
trafficking offenses under Sec. 2D1.1 (Unlawful Manufacturing,
Importing, Exporting, or Trafficking (Including Possession with Intent
to Commit These Offenses)), including (A) consideration of possible
amendments addressing the purity distinctions for methamphetamine
provided in the Drug Quantity Table and related application notes; and
(B) consideration of other miscellaneous issues pertaining to drug
trafficking offenses coming to the Commission's attention, such as
possible statutory changes relating to fentanyl.
(3) Examination of Sec. 2B1.1 (Theft, Property Destruction, and
Fraud) and related guidelines to ensure the guidelines appropriately
reflect the culpability of the individual and the harm to the victim,
including (A) reassessing the role of actual loss, intended loss, and
gain; (B) considering whether the loss table in Sec. 2B1.1 should be
revised to simplify application or to adjust for inflation; (C)
considering the application and impact of the victims table in Sec.
2B1.1 and adjustments in Chapter Three, Part A (Victim-Related
Adjustments), relating to victims; (D) considering the application and
impact of adjustments in Chapter Three, Part B (Role in the Offense)
relating to role in the offense; and (E) possible consideration of
amendments that might be appropriate.
(4) Continued examination of the career offender guidelines,
including (A) evaluating the impact, feasibility, and uniformity in
application of alternative approaches to the ``categorical approach''
through workshops, field testing, and updating the data analyses set
forth in the Commission's 2016 report to Congress, titled Career
Offender Sentencing Enhancements; and (B) possible consideration of
amendments that might be appropriate.
(5) Examination of whether the guidelines provide appropriate
adjustments for good behavior, including examination of whether Sec.
3E1.1 (Acceptance of Responsibility) and Sec. 5K1.1 (Substantial
Assistance to Authorities) fully account for the variety of ways in
which an individual may manifest acceptance of responsibility and
provide substantial assistance, and possible consideration of
amendments that might be appropriate.
(6) Continued exploration of ways to simplify the Guidelines
Manual, including (A) examining the operation of the grouping rules in
Chapter Three, Part D (Multiple Counts); (B) examining the operation of
specific provisions of Chapter Four, Part A (Criminal History); (C)
examining the operation of Sec. 5G1.3 (Imposition of a Sentence on a
Defendant Subject to an Undischarged Term of Imprisonment or
Anticipated
[[Page 24711]]
State Term of Imprisonment); (D) evaluating infrequently applied
specific offense characteristics and adjustments provisions throughout
the Guidelines Manual; and (E) possible consideration of amendments
that might be appropriate.
(7) Assessing the degree to which certain practices of the Bureau
of Prisons are effective in meeting the purposes of sentencing as set
forth in 18 U.S.C. 3553(a)(2) and considering any appropriate responses
including possible consideration of recommendations or amendments.
(8) Implementation of any legislation warranting Commission action.
(9) 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).
(10) Consideration of other miscellaneous issues coming to the
Commission's attention.
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. 2025-10556 Filed 6-10-25; 8:45 am]
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