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[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106761-106762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31278]

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UNITED STATES SENTENCING COMMISSION

Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Request for public comment.

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SUMMARY: The United States Sentencing Commission intends to examine the 
criteria it considers in selecting guideline amendments that may be 
applied retroactively under the Guidelines Manual. As part of its 
statutory authority and responsibility to analyze sentencing issues, 
including operation of the federal sentencing guidelines, the 
Commission is publishing these issues for comment to inform the 
Commission's consideration of the issues related to this topic. The 
issues for comment are set forth in the Supplementary Information 
portion of this notice.

DATES: Public comment regarding the issues for comment set forth in 
this notice should be received by the Commission not later than April 
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--Retroactivity Criteria.

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 Background Commentary to Sec.  1B1.10 (Reduction in Term of 
Imprisonment as a Result of Amended Guideline Range (Policy Statement)) 
provides a non-exhaustive list of criteria the Commission typically 
considers in selecting the amendments to be included in Sec.  1B1.10(d) 
for retroactive application: ``the purpose of the amendment, the 
magnitude of the change in the guideline range made by the amendment, 
and the difficulty of applying the amendment retroactively to determine 
an amended guideline range under subsection (b)(1).'' USSG Sec.  
1B1.10, comment. (backg'd). This non-exhaustive list of criteria has 
remained substantively unchanged since the Commission originally 
promulgated the policy statement at Sec.  1B1.10 in 1989.
    Issues for Comment:
    1. The Commission seeks comment on whether it should provide 
further guidance on how the existing criteria for determining whether 
an amendment should apply retroactively are applied. If so, what should 
that guidance be? Should it revise or expand the criteria? Are there 
additional criteria that the

[[Page 106762]]

Commission should consider beyond those listed in the existing 
Background Commentary to Sec.  1B1.10? Are there identifiable sources 
that the Commission should consult that highlight retroactivity 
criteria relied upon by other legislative or rulemaking bodies?
    If the Commission continues to list criteria relevant to 
determining whether an amendment should apply retroactively, should it 
adopt any bright-line rules? Is there a different approach that the 
Commission should consider for these purposes?
    2. The Commission seeks comment on whether any listed criteria are 
more appropriately addressed in the Commission's Rules of Practice and 
Procedure rather than the Background Commentary to Sec.  1B1.10.
    3. Rule 4.1A (Retroactive Application of Amendments) of the 
Commission's Rules of Practice and Procedure provides ``[g]enerally, 
promulgated amendments will be given prospective application only.'' 
The Commission seeks comment on whether it should retain this 
provision. If so, how should the Commission ensure that any listed 
criteria reflect this provision?
    Authority: 28 U.S.C. 994(a), (o), (p), (x); USSC Rules of Practice 
and Procedure 2.2, 4.3, 4.4.

Carlton W. Reeves,
Chair.
[FR Doc. 2024-31278 Filed 12-27-24; 8:45 am]
BILLING CODE 2210-40-P
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