[Federal Register Volume 70, Number 167 (Tuesday, August 30, 2005)]
[Notices]
[Pages 51398-51399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17186]


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UNITED STATES SENTENCING COMMISSION


Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Notice of final priorities.

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[[Page 51399]]

SUMMARY: In June 2005, the Commission published a notice of possible 
policy priorities for the amendment cycle ending May 1, 2006. See 70 FR 
37145 (June 28, 2005). 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: Michael Courlander, Public Affairs 
Officer, Telephone: (202) 502-4590.

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) 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, 2006, and possibly continuing into the 
amendment cycle ending May 1, 2007. While the Commission intends to 
address these priority issues, it recognizes that other factors, most 
notably changes that may be required as a result of United States v. 
Booker, 543 U.S. ---- (2005), 125 S.Ct. 738 (2005), as well as the 
enactment of any legislation requiring Commission action, may affect 
the Commission's ability to complete work on any or all policy issues 
by the statutory deadline of May 1, 2006.
    The Commission's policy priorities for the upcoming amendment cycle 
are as follows:
    (1) Implementation of crime legislation enacted during the 108th 
Congress and the first session of the 109th Congress warranting a 
Commission response, including (A) the Family Entertainment and 
Copyright Act of 2005, Public Law 109-9; (B) the Intellectual Property 
Protection and Courts Amendment Act of 2004, Public Law 108-482; (C) 
the Anabolic Steroids Act, Public Law 108-358 (and as part of its work 
on this Act, examination of offenses involving human growth hormones 
under 21 U.S.C. 333(e)); (D) the Intelligence Reform and Terrorism 
Reform Act of 2004, Public Law 108-458; and (E) other legislation, 
amending statutory penalties and creating new offenses, that requires 
incorporation into the guidelines;
    (2) Assessment of the Justice for All Act of 2004, Public Law 108-
405, and other statutes pertaining to victims' rights;
    (3) Continuation of its work with the congressional, executive, and 
judicial branches of the government and other interested parties on 
appropriate responses to United States v. Booker, including any 
appropriate guideline changes, and a report on the effects of Booker on 
federal sentencing, including an analysis of sentencing data collected 
within the first year of that decision;
    (4) Continuation of its policy work regarding immigration offenses, 
specifically, offenses under Sec. Sec.  2L1.1 (Smuggling, Transporting, 
or Harboring an Unlawful Alien) and 2L1.2 (Unlawfully Entering or 
Remaining in the United States), and Chapter Two, Part L, Subpart 2 
(Naturalization and Passports);
    (5) Continuation of its work with the congressional, executive, and 
judicial branches of the government and other interested parties on 
cocaine sentencing policy, including the update of Commission research, 
in view of the Commission's 2002 report to Congress, Cocaine and 
Federal Sentencing Policy;
    (6) Review, and possible amendment, of commentary in Chapter Eight 
(Organizations) regarding waiver of the attorney-client privilege and 
work product protections;
    (7) Review, and possible amendment, of guideline provisions 
pertaining to firearms offenses, particularly the trafficking of 
firearms, and of departure provisions related to firearms offenses;
    (8) Consideration of policy statements pertaining to motions under 
18 U.S.C. 3582(c)(1)(A)(i) for sentence reductions for ``extraordinary 
and compelling reasons'';
    (9) Resolution of a number 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; and
    (10) Review, and possible amendment, of pertinent guideline 
provisions to address structural issues regarding the Sentencing Table 
in Chapter Five, Part A, particularly ``cliff-like'' effects occurring 
between levels 42 and 43, and a possible adjustment to the offense 
level computation in cases in which the offense level exceeds level 43, 
and to address other miscellaneous and limited issues pertaining to the 
application of the sentencing guidelines.

    Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and 
Procedure 5.2.

Ricardo H. Hinojosa,
Chair.
[FR Doc. 05-17186 Filed 8-29-05; 8:45 am]
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