[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Notices]
[Pages 60536-60537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18976]


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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 June 2023, the Commission published a notice of proposed 
policy priorities for the amendment cycle ending May 1, 2024. 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) 502-4597.

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 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, 2024. While continuing to address 
legislation or other matters requiring more immediate action, the 
Commission has decided to limit its consideration of specific guideline 
amendments for this amendment cycle. Instead, in light of the 40th 
anniversary of the Sentencing Reform Act, the Commission anticipates 
focusing on a number of projects examining the degree to which current 
sentencing, penal, and correctional practices are effective in meeting 
the purposes of sentencing as set forth in the Sentencing Reform Act. 
See 28 U.S.C. 991(b)(2). The Commission expects to continue work on 
many of these priorities beyond the

[[Page 60537]]

upcoming amendment cycle. The Commission previously published a notice 
of proposed policy priorities for the amendment cycle ending May 1, 
2024. See 88 FR 39907 (June 20, 2023).
    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, 2024:
    (1) 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.
    (2) Compilation and dissemination of information on court-sponsored 
programs relating to diversion, alternatives-to-incarceration, and 
reentry (e.g., Pretrial Opportunity Program, Conviction And Sentence 
Alternatives (CASA) Program, Special Options Services (SOS) Program, 
Supervision to Aid Re-entry (STAR) Program) through the Commission's 
website and possible workshops and seminars sharing best practices for 
developing, implementing, and assessing such programs.
    (3) Examination of the Guidelines Manual, including exploration of 
ways to simplify the guidelines and possible consideration of 
amendments that might be appropriate.
    (4) Continuation of its multiyear study of the Guidelines Manual to 
address case law concerning the validity and enforceability of 
guideline commentary, and possible consideration of amendments that 
might be appropriate.
    (5) Continued examination of the career offender guidelines, 
including (A) updating the data analyses and statutory recommendations 
set forth in the Commission's 2016 report to Congress, titled Career 
Offender Sentencing Enhancements; (B) devising and conducting workshops 
to discuss the scope and impact of the career offender guidelines, 
including discussion of possible alternative approaches to the 
``categorical approach'' in determining whether an offense is a ``crime 
of violence'' or a ``controlled substance offense''; and (C) possible 
consideration of amendments that might be appropriate.
    (6) Examination of the treatment of youthful offenders and offenses 
involving youths under the Guidelines Manual, including possible 
consideration of amendments that might be appropriate.
    (7) Consideration of possible amendments to the Guidelines Manual 
to prohibit the use of acquitted conduct in applying the guidelines.
    (8) Further examination of federal sentencing practices on a 
variety of issues, possibly including: (A) the prevalence and nature of 
drug trafficking offenses involving methamphetamine; (B) drug 
trafficking offenses resulting in death or serious bodily injury; (C) 
comparison of sentences imposed in cases disposed of through trial 
versus plea; (D) continuation of the Commission's studies regarding 
recidivism; and (E) other areas of federal sentencing in need of 
additional research.
    (9) Implementation of any legislation warranting Commission action.
    (10) 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).
    (11) Consideration of other miscellaneous issues coming to the 
Commission's attention.
    Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and 
Procedure 2.2, 5.2.

Carlton W. Reeves,
Chair.
[FR Doc. 2023-18976 Filed 8-31-23; 8:45 am]
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