[Federal Register: September 11, 2007 (Volume 72, Number 175)]
[Notices]
[Page 51884]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se07-116]
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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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SUMMARY: In July 2007, the Commission published a notice of possible
policy priorities for the amendment cycle ending May 1, 2008. See 72 FR
41795 (July 31, 2007). 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, 2008, and possibly continuing into 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 or all of its identified priorities by the statutory deadline of
May 1, 2008. Accordingly, it may be necessary to continue work on any
or all of these issues beyond the amendment cycle ending on May 1,
2008.
As so prefaced, the Commission has identified the following
priorities:
(1) Implementation of crime legislation enacted during the 110th
Congress warranting a Commission response, including (A) the Animal
Fighting Prohibition Enforcement Act of 2007, Public Law 110-22 ; and
(B) any other legislation authorizing statutory penalties or creating
new offenses that requires incorporation into the guidelines;
(2) 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;
(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 and United States v.
Rita, including any appropriate amendments to the guidelines or other
changes to the Guidelines Manual with respect to those decisions and
other cases that may be adjudicated during this amendment cycle, as
well as continuation of its monitoring and analysis of post-Booker
federal sentencing practices, data, case law, and other feedback,
including reasons for departures and variances stated by sentencing
courts;
(4) Continuation of its policy work regarding immigration offenses,
specifically, offenses sentenced under Sec. Sec. 2L1.1 (Smuggling,
Transporting, or Harboring an Unlawful Alien) and 2L1.2 (Unlawfully
Entering or Remaining in the United States) and implementation of any
immigration legislation that may be enacted;
(5) Continuation of its policy work, in light of the Commission's
prior and ongoing research on criminal history, to develop and consider
possible options that might improve the operation of Chapter Four
(Criminal History).
(6) Continuation of guideline simplification efforts with
consideration and possible development of options for guideline
amendments that might improve the operation of the sentencing
guidelines;
(7) 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;
(8) Consideration of a limited number of miscellaneous guideline
application issues, including issues concerning the determination of
harm and the definition of ``victim'' in certain types of cases; the
treatment under the guidelines of counterfeit controlled substances,
human growth hormone (HGH), Prescription Drug Marketing Act of 1987
(Pub. L. 100-293) offenses, and other food and drug violations;
specific concerns regarding application of the Chapter Three
enhancements for abuse of trust and obstruction; and other
miscellaneous priority issues coming to the Commission's attention; and
(9) Preparation and dissemination, pursuant to the Commission's
authority under 28 U.S.C. 995(a)(12)-(16), of research reports on
various aspects of federal sentencing policy and practice, such as
updating the Commission's 1991 report to Congress entitled Mandatory
Minimum Penalties in the Federal Criminal Justice System and studying
alternatives to incarceration, including information on and possible
development of any guideline amendments that might be appropriate in
response to any research reports.
Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and
Procedure 5.2.
Ricardo H. Hinojosa,
Chair.
[FR Doc. E7-17799 Filed 9-10-07; 8:45 am]
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