Federal Register: September 9, 2009 (Volume 74, Number 173)
DOCID: fr09se09-110 FR Doc E9-21720
UNITED STATES SENTENCING COMMISSION
United States Sentencing Commission
NOTICE: NOTICES
DOCID: fr09se09-110
DOCUMENT ACTION: Notice of final priorities.
SUBJECT CATEGORY:
Sentencing Guidelines for United States Courts
DOCUMENT SUMMARY:
In June 2009, the Commission published a notice of possible policy priorities for the amendment cycle ending May 1, 2010. See 74 FR 29737 (June 23, 2009). 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.
SUMMARY:
Sentencing Guidelines for United States Courts
SUPPLEMENTAL 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).
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, 2010. 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 [[Page 46479]]
work on any or all of its identified priorities by the statutory
deadline of May 1, 2010. Accordingly, it may be necessary to continue
work on any or all of these issues beyond the amendment cycle ending on May 1, 2010.
As so prefaced, the Commission has identified the following priorities:
(1) Continuation of its efforts, in light of recent Supreme Court
jurisprudence and pursuant to the Commission's ongoing authority and
responsibility under 28 U.S.C. 995(a)(21), to solicit information
regarding Federal sentencing practices, including through ongoing
regional public hearings. The Commission has held regional public
hearings in Atlanta, GA (February 1011, 2009), Palo Alto, CA (May 27
28, 2009), and New York, NY (July 910, 2009), and intends to hold
additional regional public hearings in Chicago, IL (September 910,
2009), Denver, CO (October 2021, 2009), Austin, TX (November 1920,
2009), and Phoenix, AZ (January 2021, 2010). The Commission is
soliciting information at these regional public hearings on topics that
include the manner in which United States v. Booker and subsequent
Supreme Court decisions have affected Federal sentencing practices and
appellate review of those practices, the role of the Federal sentencing
guidelines, and recommendations, if any, for appropriate revisions to
Federal sentencing policy. The Commission anticipates that it will
compile and publish the information and testimony received at these
regional public hearings and issue a report with respect to its findings.
(2) Continuation of its work on Federal sentencing policy with the
congressional, executive, and judicial branches of the government, and
other interested parties, in light of United States v. Booker and
subsequent Supreme Court decisions, possibly including (A) an
evaluation of the impact of those decisions on the Federal sentencing
guideline system; (B) development of amendments to the Federal
sentencing guidelines; (C) development of recommendations for
legislation regarding Federal sentencing policy; (D) a study of, and
possible 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); and (E) a study and report on the appellate
standard of review applicable to postBooker Federal sentencing decisions.
(3) A review of departures within the guidelines, including (A) a
review of the extent to which pertinent statutory provisions prohibit,
discourage, or encourage certain factors as forming the basis for
departure from the guideline sentence; and (B) possible revisions to
the departure provisions in the Guidelines Manual, including in Chapter
Two and in Parts H and K of Chapter Five, in light of that review and
any other information coming to the Commission's attention, as well as
potential technical and conforming amendments to the Guidelines Manual to facilitate ease of use.
(4) Continued study of, and a possible report on, alternatives to
incarceration, including (A) a study of sentencing alternatives that
may be appropriate at the time of the original sentencing; and (B)
consideration of any potential changes to the zones incorporated in the
Sentencing Table in Chapter Five and/or other changes to the guidelines
that might be appropriate in light of the information obtained from that study.
(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, and to develop
appropriate guideline amendments in response to any related legislation.
(6) Continuation of its multiyear study of the statutory and
guideline definitions of *crime of violence*, *aggravated felony*,
*violent felony*, and *drug trafficking crime*, including an
examination of relevant circuit conflicts regarding whether any offense
is categorically a *crime of violence*, *aggravated felony*, *violent
felony*, or *drug trafficking crime* for purposes of triggering an
enhanced sentence under certain Federal statutes and guidelines. This
study may culminate in guideline amendments and/or a report to Congress recommending statutory changes.
(7) 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.
(8) Multiyear review of the guidelines and their application to
human rights offenses, including genocide under 18 U.S.C. 1091, war
crimes under 18 U.S.C. 2441, torture and maiming to commit torture
under 18 U.S.C. 2340A and 114, respectively, and child soldier offenses
under 18 U.S.C. 2442, and possible promulgation of guidelines or guideline amendments with respect to these offenses.
(9) Review of child pornography offenses, and possible promulgation
of guideline amendments and/or a 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)
recommendations to Congress on any statutory changes that may be appropriate.
(10) Consideration of miscellaneous guideline application issues
including (A) clarification of the extent to which restitution is
mandatory or discretionary in various circumstances; (B) examination
of, and possible guideline amendments relating to, the computation of
criminal history points under Sec. 4A1.1(e); and (C) other
miscellaneous issues coming to the Commission's attention from case law and other sources.
(11) Implementation of crime legislation enacted during the 111th Congress warranting a Commission response.
Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and Procedure 5.2.
Ricardo H. Hinojosa,
Acting Chair.
[FR Doc. E921720 Filed 9809; 8:45 am]
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FOR FURTHER INFORMATION CONTACT
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