[Federal Register Volume 75, Number 137 (Monday, July 19, 2010)]
[Notices]
[Pages 41927-41929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17515]
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UNITED STATES SENTENCING COMMISSION
Sentencing Guidelines for United States Courts
AGENCY: United States Sentencing Commission.
ACTION: Notice of proposed priorities. 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 priority policy issues for the amendment
cycle ending May 1, 2011.
DATES: Public comment should be received on or before August 18, 2010.
ADDRESSES: Send comments to: 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: Michael Courlander, Public Affairs
Officer, Telephone: (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 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)
[[Page 41928]]
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 tentative
priorities for the amendment cycle ending May 1, 2011. The Commission
recognizes, however, that other factors, such as the enactment of any
legislation requiring Commission action, may affect the Commission's
ability to complete work on any or all of its identified priorities by
the statutory deadline of May 1, 2011. Accordingly, it may be necessary
to continue work on any or all of these issues beyond the amendment
cycle ending on May 1, 2011.
As so prefaced, the Commission has identified the following
tentative priorities:
(1) Continuation of its work with the congressional, executive, and
judicial branches of government, and other interested parties, to study
the manner in which United States v. Booker, 543 U.S. 220 (2005), and
subsequent Supreme Court decisions have affected Federal sentencing
practices, the appellate review of those practices, and the role of the
Federal sentencing guidelines. The Commission anticipates that it will
issue a report with respect to its findings, possibly including (A) an
evaluation of the impact of those decisions on the Federal sentencing
guideline system; (B) development of recommendations for legislation
regarding Federal sentencing policy; (C) an evaluation of the appellate
standard of review applicable to post-Booker Federal sentencing
decisions; and (D) possible consideration of amendments to the Federal
sentencing guidelines. Such findings will be informed by the testimony
received at seven regional public hearings the Commission held in 2009-
2010, feedback received from the judiciary contained in the Results of
Survey of United States District Judges January 2010 through March 2010
issued in June 2010, and other information and input.
(2) Continuation of its study of and, pursuant to the directive in
section 4713 of the Matthew Shepard and James Byrd, Jr. Hate Crimes
Prevention Act of 2009, Public Law 111-84, report to Congress on
statutory mandatory minimum penalties, including a review of the
operation of the ``safety valve'' provision at 18 U.S.C. 3553(e). The
findings of the report will be informed by the testimony received at
the hearing on statutory mandatory minimum penalties the Commission
held on May 27, 2010, the regional public hearings and survey of United
States District Judges referred to in paragraph (1), and other
information and input.
(3) Study of and, pursuant to the directive in section 107(b) of
the Comprehensive Iran Sanctions, Accountability, and Divestment Act of
2010, Public Law 111-195, report to Congress regarding violations of
section 5(a) of the United Nations Participation Act of 1945 (22 U.S.C.
287c(a)), sections 38, 39, and 40 of the Arms Export Control Act (22
U.S.C. 2278, 2279, and 2780), and the Trading with the Enemy Act (50
U.S.C. App. 1 et seq.), including consideration of amendments to Sec.
2M5.2 (Exportation of Arms, Munitions, or Military Equipment or
Services Without Required Validated Export License) or other guidelines
in Part K or Part M of Chapter Two of the Guidelines Manual that might
be appropriate in light of the information obtained from such study.
(4) Implementation of the directive in section 10606(a)(2)(A) of
the Patient Protection and Affordable Care Act, Public Law 111-148,
regarding health care fraud offenses and any other crime legislation
enacted during the 111th Congress warranting a Commission response.
(5) Continuation of its work with Congress and other interested
parties on cocaine sentencing policy to implement the recommendations
set forth in the Commission's 2002 and 2007 reports to Congress, both
entitled Cocaine and Federal Sentencing Policy; possible consideration
of amending the Drug Quantity Table in Sec. 2D1.1 (Unlawful
Manufacturing, Importing, Exporting, or Trafficking (Including
Possession with Intent to Commit These Offenses); Attempt or
Conspiracy) across drug types; and development of appropriate guideline
amendments in response to any related legislation enacted during the
111th Congress.
(6) Continuation of its review of child pornography offenses and
possible report to Congress as a result of such review. It is
anticipated that any such report would include (A) a review of the
incidence of, and reasons for, departures and variances from the
guideline sentence; (B) a compilation of studies on, and analysis of,
recidivism by child pornography offenders; and (C) possible
recommendations to Congress on any statutory changes that may be
appropriate.
(7) Continuation of its review of departures within the guidelines,
including provisions in Parts H and K of Chapter Five of the Guidelines
Manual, and the extent to which pertinent statutory provisions
prohibit, discourage, or encourage certain factors as forming the basis
for departure from the guideline sentence.
(8) Continuation of its multi-year study of the statutory and
guideline definitions of ``crime of violence'', ``aggravated felony'',
``violent felony'', and ``drug trafficking offense'', including (A) an
examination of relevant circuit conflicts regarding whether any offense
is categorically a ``crime of violence'', ``aggravated felony'',
``violent felony'', or ``drug trafficking offense'' for purposes of
triggering an enhanced sentence under certain Federal statutes and
guidelines; (B) possible consideration of an amendment to provide an
alternative approach to the ``categorical approach'', see Taylor v.
United States, 495 U.S. 575 (1990); Shepard v. United States, 544 U.S.
13 (2005), for determining the applicability of guideline enhancements;
and (C) possible consideration of an amendment to provide that the time
period limitations in subsection (e) of Sec. 4A1.2 (Definitions and
Instructions for Computing Criminal History) apply for purposes of
determining the applicability of enhancements in Sec. 2L1.2 (Unlawfully
Entering or Remaining in the United States).
(9) Consideration of a possible amendment to provide a reduction in
the offense level for certain deportable aliens who agree to a
stipulated order of deportation.
(10) Examination of, and possible amendments to, the guidelines and
policy statements in Part D of Chapter Five of the Guidelines Manual
pertaining to supervised release.
(11) Continued study of alternatives to incarceration, including
possible consideration of any changes to the Guidelines Manual that
might be appropriate in light of the information obtained from that
study.
(12) Resolution of circuit conflicts, pursuant to the Commission's
continuing authority and responsibility, under 28 U.S.C. 991(b)(1)(B)
and Braxton v. United States, 500 U.S. 344 (1991), to resolve
conflicting interpretations of the guidelines by the Federal courts.
(13) Multi-year review of the guidelines pertaining to
environmental crimes, with particular consideration of whether the fine
provisions in Part C of Chapter Eight of the Guidelines Manual should
apply to such offenses.
(14) Consideration of miscellaneous guideline application issues
coming to the Commission's attention from case law and other sources.
The Commission hereby gives notice that it is seeking comment on
these tentative priorities and on any other issues that interested
persons believe the Commission should address during the amendment
cycle ending May 1,
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2011. To the extent practicable, public comment should include the
following: (1) A statement of the issue, including, where appropriate,
the scope and manner of study, particular problem areas and possible
solutions, and any other matters relevant to a proposed priority; (2)
citations to applicable sentencing guidelines, statutes, case law, and
constitutional provisions; and (3) a direct and concise statement of
why the Commission should make the issue a priority.
Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and
Procedure 5.2.
William K Sessions III,
Chair.
[FR Doc. 2010-17515 Filed 7-16-10; 8:45 am]
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