[Federal Register Volume 61, Number 128 (Tuesday, July 2, 1996)]
[Notices]
[Pages 34464-34466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16873]


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UNITED STATES SENTENCING COMMISSION


Sentencing Guidelines for United States Courts

Agency: United States Sentencing Commission

Action: Notice of priority areas for Commission research and amendment 
consideration. Request for public comment.

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Summary: As part of its continuing statutory responsibility to analyze 
sentencing issues, including the operation of the federal sentencing 
guidelines, the Commission preliminarily has identified certain 
priorities as the principal focus of its work in the coming year and, 
in some cases, beyond. Following the practice of past years, the 
Commission invites comment on identified priorities (including the 
scope and manner of study, particular problem areas and possible 
solutions, and any other matters relevant to an identified priority). 
The Commission also invites comment on any other aspect of guideline 
application that it should address during the coming year.

Dates: Public comment should be received not later than August 30, 
1996, to be considered by the Commission in shaping its work during the 
next year.

Addresses: Send comments to: United States Sentencing Commission, One 
Columbus Circle, NE, Suite 2-500, Washington, DC 20002-8002, Attention: 
Public Information--Priorities Comment.

For Further Information Contact: Michael Courlander, Public Information 
Specialist, Telephone: (202) 273-4590.

Supplementary Information: The United States Sentencing Commission, an 
independent agency in the judicial branch of the United States 
Government, is empowered by 28 U.S.C. 994(a) to promulgate sentencing 
guidelines and policy statements for federal sentencing courts. The 
statute further directs the Commission to periodically review and 
revise guidelines previously promulgated and authorizes it to submit 
guideline amendments to the Congress no later than the first day of May 
each year. See 28 U.S.C. 994(o), (p).
    As in previous years, the Commission uses this announcement to 
solicit formal and informal comment regarding certain areas upon which 
the Commission expects to concentrate its attention during the coming 
year. This notice provides interested persons with an opportunity to 
inform the Commission of legal, operational, or policy concerns within 
the identified areas relating to the guidelines and to suggest specific 
solutions and alternative approaches.
    Following are the anticipated priority areas for amendment study, 
research, or other planned actions identified by the Commission. In 
some cases, a general time frame for the initiative is indicated. These 
time frames are subject to change as the Commission deems necessary.
    The Commission welcomes comments on these priorities as well as any 
other aspect of guideline application or implementation of the 
Sentencing Reform Act.

    Authority: 28 U.S.C. 994(a), (o), (p).
Richard P. Conaboy,
Chairman.

I. Implementation of New Laws Affecting Criminal Penalties

    The Commission will continue to give priority to developing 
guideline amendments that implement legislation enacted by Congress. In 
this regard, Congress has recently enacted, or is expected to pass in 
this Session, a number of bills that may necessitate changes in the 
sentencing guidelines. Some of the more significant legislative 
initiatives are:
<bullet> The Antiterrorism and Effective Death Penalty Act of 1996, 
Pub. L. 104-132 (April 24, 1996). This Act contains several directives 
to amend the guidelines in specific ways, including a provision 
(section 730) granting the Commission emergency authority to amend the 
enhancement in USSG Sec. 3A1.4 (International Terrorism) so that it 
applies broadly to any ``Federal Crime of terrorism'' as defined in 18 
U.S.C. 2332b(g). The Act also contains numerous other provisions (e.g., 
increases in statutory maximum penalties, new offenses) that the 
Commission must analyze in order to ascertain whether guideline 
amendments are needed and, if so, what changes are appropriate.
<bullet> The Telecommunications Act of 1996, 104-104 (February 8, 
1996). This Act contains several provisions on obscene, harassing, or 
wrongful use of telecommunications facilities that may necessitate 
guideline amendments. The Commission recently promulgated an amendment 
to USSG Sec. 2G1.2 to implement a new offense created by section 508 of 
the Act (involving the solicitation of a minor to engage in prohibited 
sexual conduct). See 61 FR 20308-09 (May 6, 1996).
<bullet> The Sex Crimes Against Children Prevention Act of 1995, 104-71 
(December 23, 1995). The Commission recently promulgated amendments to 
USSG Secs. 2G2.1, 2G2.2, and 2G1.1 to implement directives of that Act. 
See 61 FR 20306-09, supra. The Commission is now considering additional 
conforming amendments to the child pornography guidelines in Chapter 
Two, Part G and possible amendments to the sexual abuse guidelines in 
Chapter Two, Part A, Subpart 3.
<bullet> Immigration Bill, Other Legislation. Congress is finalizing an 
Immigration Bill and is considering other bills affecting criminal 
penalties. Enactment of any such legislation may necessitate additional 
guideline amendments in the coming year.

II. Guideline Simplification and Modification

    In 1995, the Commission announced that it was initiating a multi-
year project to comprehensively assess and simplify provisions of the 
Guidelines Manual. See 60 F.R. 49316-17 (Sept. 22, 1995). After 
considering a number of staff papers and input from interested 
individuals and groups, the Commission anticipates focusing its 
attention and possible amendment consideration on the following 
specific issues:
    <bullet> Relevant Conduct. Priority issues for the 1996-97 
amendment cycle include: (1) Clarifying/streamlining the relevant 
conduct guideline assuming no substantive policy changes; and (2) 
developing options to limit the use of acquitted conduct at sentencing. 
Issues of lower priority that may be further explored during future 
amendment cycles include: (1) Substantively changing the relevant 
conduct guideline to limit the extent to which unconvicted conduct can 
affect the sentence; and (2) increasing the burden of proof at 
sentencing to a ``clear and convincing'' standard.
    <bullet> Level of Detail/Guideline Complexity. Priority issues for 
the 1996-97 amendment cycle include: (1) Simplification of guideline/
specific offense characteristics through consolidation or elimination; 
(2) clarification of the definition of loss; (3) examination of 
problematic cross references; and (4) revision of Acceptance of 
Responsibility adjustment.
    <bullet> Departures/Offender Characteristics. Priority issues for 
the 1996-97 amendment cycle include: (1) Developing options for 
revising/clarifying the language describing the ``heartland concept'' 
in Chapter One and departure policy statements in Chapter Five in light 
of the recent U.S. Supreme Court decision in Koon v. U.S., No. 94-1664, 
1996 WL 315800 (U.S. June 17, 1996); and (2) focusing on family and

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community ties, age, and combination of factors.
    <bullet> Criminal History. Priority issues for the 1996-97 
amendment cycle include: (1) Re-ordering and streamlining Chapter Four; 
and (2) revising assignment of criminal history points to better target 
serious, repeat offenders.
    <bullet> Sentencing Table. Issues of lower immediate priority for 
discussion during future amendment cycles include: (1) Options to 
streamline sentencing table to reduce significantly the number of 
offense levels; (2) options to revise the current sentencing table's 
``zone'' structure; and (3) additional or expanded sentencing options.
    <bullet> Appellate Litigation and Other Statutory Issues. Priority 
issues for the 1996-97 amendment cycle include: (1) Consideration of 
the impact of the recent U.S. Supreme Court decision in Koon v. United 
States, supra, on appellate review of guideline sentences and on the 
need to revise the introduction to the Guidelines Manual and Departure 
Section (Sec. 5K2.0) to address the deference appellate courts should 
afford district courts on guideline determinations; and (2) 
consideration of widening the bands in monetary and drug tables to 
decrease litigation.
    <bullet> Drug Sentencing/Role in the Offense. Priority issues for 
1996-97 amendment cycle include: (1) Revising the Role in the Offense 
guideline to better reflect actual experience, case law development, 
and to provide sufficient flexibility when sentencing drug offenders.
    <bullet> Introduction to Guidelines Manual. Priority issues for 
1996-97 amendment cycle include: (1) Updating the introduction to 
reflect the evolution of the guideline sentencing process.

III. Circuit Conflicts, Miscellaneous Amendments

    As part of the 1996-97 amendment cycle, the Commission expects to 
consider and propose for comment amendments that address some of the 
more important application issues involving conflicting court 
interpretations of guideline language.

IV. Cocaine Offenses

    Under Public Law No. 104-38 (Oct. 30, 1995), the Commission is 
directed to submit recommendations to Congress regarding changes in the 
penalty statutes and sentencing guidelines for cocaine offenses 
(including crack). See 61 FR 80 (January 2, 1996). The Commission has 
been gathering and analyzing data and other relevant information, 
including public comment, in preparation for formulating the required 
recommendations. It expects to continue this process during the coming 
months and again invites comment regarding implementation of this 
congressional directive. Comment should focus on (1) the quantity ratio 
that should be substituted for the current 100-to-1 ratio in the 
relevant penalty statutes and sentencing guidelines (see USSG 
Sec. 2D1.1(c)), and (2) appropriate enhancements in Sec. 2D1.1 for 
violence and other harms associated with crack and powder cocaine.

V. Revisions to Money Laundering Guidelines

    As directed by Public Law 104-38, supra, the Commission will 
respond to an expected Department of Justice report on money laundering 
charging and plea practices and will continue its study of the money 
laundering guidelines (U.S.S.G. Secs. 2S1.1-2S1.2).

VI. Guideline Assessment, Research Initiatives

    Under the direction of an outside consultant, Commission staff have 
initiated a number of research projects designed to assess the success 
of the guidelines. See 60 FR 49316-17 (Sept. 22, 1995). These efforts 
will continue in the coming year, focusing primarily on the use of an 
intensive study sample (ISS) of cases to better evaluate operation of 
the Relevant Conduct and Criminal History guidelines.

V. Administrative Initiatives

    As indicated in its 1995 work priorities notice, see 60 FR 49316, 
17 (Sept. 22, 1995), the Commission is engaged in an ongoing effort to 
maximize the efficiency of its limited staff resources. Additionally, 
the Commission expects to soon publish for comment a set of Rules of 
Practice and Procedure describing its internal operating practices and 
the manner in which interested persons can participate in the 
Commission's work.

[FR Doc. 96-16873 Filed 7-1-96; 8:45 am]
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