[Federal Register Volume 74, Number 119 (Tuesday, June 23, 2009)]
[Notices]
[Pages 29737-29739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14685]


=======================================================================
-----------------------------------------------------------------------

UNITED STATES SENTENCING COMMISSION


Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Notice of proposed priorities. Request for public comment.

-----------------------------------------------------------------------

[[Page 29738]]

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 United States Sentencing Commission is 
seeking comment on possible priority policy issues for the amendment 
cycle ending May 1, 2010.

DATES: Public comment should be received on or before August 24, 2009.

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 
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, 2010. 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 or all of its identified priorities by 
the statutory deadline of May 1, 2010. Accordingly, it may be necessary 
to continue work on any or all of these issues beyond the amendment 
cycle ending on May 1, 2010.
    As so prefaced, the Commission has identified the following 
tentative priorities:
    (1) 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)(21), to solicit information 
regarding Federal sentencing practices, including through ongoing 
regional public hearings. The Commission has held regional public 
hearings in Atlanta, GA (February 10-11, 2009) and Palo Alto, CA (May 
27-28, 2009) and intends to hold additional regional public hearings in 
New York, NY (July 9-10, 2009), Chicago, IL (September 9-10, 2009), 
Denver, CO (October 20-21, 2009), Austin, TX (November 19-20, 2009), 
and Phoenix, AZ (January 20-21, 2010). The Commission is soliciting 
information at these regional public hearings on topics that include 
the manner in which United States v. Booker and subsequent Supreme 
Court decisions have affected Federal sentencing practices and 
appellate review of those practices, the role of the Federal sentencing 
guidelines, and recommendations, if any, for appropriate revisions to 
Federal sentencing policy. The Commission anticipates that it will 
compile and publish the information and testimony received at these 
regional public hearings and issue a report with respect to its 
findings.
    (2) 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; (D) a study of, and 
possible report to Congress on, statutory mandatory minimum penalties, 
including a review of the operation of the ``safety valve'' provision 
at 18 U.S.C. 3553(e); and (E) a study and report on the appellate 
standard of review applicable to post-Booker Federal sentencing 
decisions.
    (3) A review of departures within the guidelines, including (A) a 
review of the extent to which pertinent statutory provisions prohibit, 
discourage, or encourage certain factors as forming the basis for 
departure from the guideline sentence; and (B) possible revisions to 
the departure provisions in the Guidelines Manual, including in Chapter 
Two and in Parts H and K of Chapter Five, in light of that review and 
any other information coming to the Commission's attention, as well as 
potential technical and conforming amendments to the Guidelines Manual 
to facilitate ease of use.
    (4) Continued study of, and a possible report on, alternatives to 
incarceration, including (A) a study of sentencing alternatives that 
may be appropriate at the time of the original sentencing; and (B) 
consideration of any potential changes to the zones incorporated in the 
Sentencing Table in Chapter Five and/or other changes to the guidelines 
that might be appropriate in light of the information obtained from 
that study.
    (5) 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.
    (6) Continuation of its multi-year study of the statutory and 
guideline definitions of ``crime of violence'', ``aggravated felony'', 
``violent felony'', and ``drug trafficking crime'', including an 
examination of relevant circuit conflicts regarding whether any offense 
is categorically a ``crime of violence'', ``aggravated felony'', 
``violent felony'', or ``drug trafficking crime'' for purposes of 
triggering an enhanced sentence under certain Federal statutes and 
guidelines. This study may culminate in guideline amendments and/or a 
report to Congress recommending statutory changes.
    (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.
    (8) Multi-year review of the guidelines and their application to 
human rights offenses, including genocide under 18 U.S.C. 1091, war 
crimes under 18 U.S.C. 2441, torture and maiming to commit torture 
under 18 U.S.C. 2340A and 114, respectively, and child soldier offenses 
under 18 U.S.C. 2442, and possible promulgation of guidelines or 
guideline amendments with respect to these offenses.
    (9) Review of child pornography offenses, and possible promulgation 
of guideline amendments and/or a report to Congress as a result of such 
review. It is anticipated that any such report would include (A) a 
review of the incidence of, and reasons for, departures and variances 
from the guideline sentence; (B) a compilation of studies on, and 
analysis of, recidivism by child pornography offenders; and (C) 
recommendations to Congress on any statutory changes that may be 
appropriate.
    (10) Consideration of miscellaneous guideline application issues 
including (A) clarification of the extent to which restitution is 
mandatory or discretionary in various circumstances; (B) examination 
of, and possible guideline amendments relating to, the computation of 
criminal history points under Sec.  4A1.1(e); and (C) other 
miscellaneous issues coming to the

[[Page 29739]]

Commission's attention from case law and other sources.
    (11) Implementation of crime legislation enacted during the 111th 
Congress warranting a Commission response.
    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, 2010. To the extent practicable, public comment 
should include the following: (1) A statement of the issue, including, 
where appropriate, the 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 provisions; 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,
Acting Chair.
[FR Doc. E9-14685 Filed 6-22-09; 8:45 am]
BILLING CODE 2211-01-P