[Federal Register Volume 73, Number 154 (Friday, August 8, 2008)]
[Notices]
[Pages 46341-46342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18288]


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UNITED STATES SENTENCING COMMISSION


Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Notice of proposed priorities.

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SUMMARY: As part of its statutory authority and responsibility to 
analyze sentencing issues, including operation of the federal 
sentencing guidelines, and in accordance with Rule 5.2 of its Rules of 
Practice and Procedure, the Commission is seeking comment on possible 
priority policy issues for the amendment cycle ending May 1, 2009.

DATES: Public comment should be received on or before September 8, 
2008.

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

FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Affairs 
Officer, Telephone: (202) 502-4590.

SUPPLEMENTARY INFORMATION: The United States Sentencing Commission is

[[Page 46342]]

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).
    The Commission provides this notice to identify tentative 
priorities for the amendment cycle ending May 1, 2009. 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 work on any of the tentative priorities by the 
statutory deadline of May 1, 2009. Accordingly, it may be necessary to 
continue work on some of these issues beyond the amendment cycle ending 
on May 1, 2009.
    As so prefaced, the Commission has identified the following 
tentative priorities:
    (1) 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, and (D) a study of 
statutory mandatory minimum penalties;
    (2) Consideration of alternatives to incarceration, including 
preparation and dissemination of information and materials from the 
``Symposium on Crime and Punishment in the United States: Alternatives 
to Incarceration,'' hosted by the Commission on July 14-15, 2008, in 
Washington, DC;
    (3) Implementation of crime legislation enacted during the 110th or 
111th Congress warranting a Commission response, including (A) the 
Court Security Improvement Act of 2007, Public Law 110-177; and (B) any 
other legislation authorizing statutory penalties or creating new 
offenses that requires incorporation into the guidelines;
    (4) 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;
    (5) A multi-year study of the definition of ``crime of violence'' 
used in both statutes and guidelines;
    (6) 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)(17), (18), and (21), to receive 
feedback and provide expanded training on the federal sentencing 
guidelines, including possibly holding regional public hearings;
    (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; 
and
    (8) Consideration of miscellaneous guideline application issues 
regarding (A) offenses involving counterfeit bearer obligations of the 
United States, (B) application of Sec.  3C1.3 (Commission of Offense 
While on Release), and (C) other miscellaneous issues coming to the 
Commission's attention from case law and other sources.
    The Commission hereby gives notice that it is seeking comment on 
these tentative priorities and on any other issues that interested 
persons believe the Commission should address during the amendment 
cycle ending May 1, 2009. Further, with respect to item (7), the 
Commission requests specific comment regarding what circuit conflict 
issues it should address. To the extent practicable, public comment 
should include the following: (1) A statement of the issue, including 
scope and manner of study, particular problem areas and possible 
solutions, and any other matters relevant to a proposed priority; (2) 
citations to applicable sentencing guidelines, statutes, case law, and 
constitutional decisions; and (3) a direct and concise statement of why 
the Commission should make the issue a priority.

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

Ricardo H. Hinojosa,
Chair.
[FR Doc. E8-18288 Filed 8-7-08; 8:45 am]
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