Staff analysis of the effect of the United States Supreme Court decision in Lopez v. Gonzalez. This paper presents a staff analysis of the effect of the United States Supreme Court decision in Lopez v. Gonzalez on sentencing under Sentencing Guideline §2L1.2. (December 13, 2007)
Analysis of the Impact of the Crack Cocaine Amendment If Made Retroactive. This document provides a Commission staff analysis of the impact of the crack cocaine amendment (Amendment 9) submitted to Congress on May 1, 2007, if the Commission were to add the amendment to subsection (c) of ยง1B1.10 (Reduction in Term of Imprisonment as a Result of Amendment Guideline Range (Policy Statement)) as an amendment that may be applied retroactively to previously sentenced defendants. (October 3, 2007)
A
Comparison of the Federal Sentencing Guidelines Criminal History Category
and the U.S. Parole Commission Salient Factor Score. The third release
in the Research Series on the Recidivism of Federal Offenders describes
the empirical foundations of the guidelines’ Chapter Four
Criminal History Category and its links to the Salient Factor Score risk
prediction instrument developed by the U.S. Parole Commission. The report
documents the comparative recidivism predictive power of both measures,
both for their individual component elements, and for their total formulations.
The analysis measures the predictive power of hypothetical reformulations
of the Criminal History Category, reporting a suggested impact of age
and first offender elements upon guideline recidivism prediction. (January
4, 2005)
Fifteen Years of Guidelines Sentencing: An Assessment of How
Well the Federal Criminal Justice System Is Achieving the Goals of Sentencing
Reform.
This study is a comprehensive review of the research literature
and sentencing data to assess how well the guidelines have achieved the goals
for sentencing reform established by Congress in the Sentencing Reform Act
of 1984. These goals include increased certainty and transparency of sentences,
increased severity of sentences for certain types of serious crimes, and
reduced sentencing disparity, including racial and ethnic disparity.
Measuring
Recidivism: The Criminal History Computation of the Federal Sentencing
Guidelines.
The first release in the Research Series on the Recidivism
of Federal Offenders, this report examines in detail the predictive statistical
power of the Chapter Four Criminal History guidelines. The study uses
pre-conviction and instant offense information for a sample of guideline
federal offenders sentenced in fiscal year 1992, matched with their post-sentencing
criminal behavior collected from FBI records. Both tabular and statistical
models of recidivism outcomes report findings by criminal history category
and point groupings, as well as by offender demographics, instant offense
characteristics, and recidivating offense types.
Recidivism
and the "First Offender": This
second release in the Research Series on the Recidivism of Federal
Offenders provides an empirical foundation for the Commission’s
study of recidivism rates among federal offenders with little or no criminal
history prior to the federal instant offense. Using definitional frameworks
established in several earlier Commission staff working group studies
on “first offenders,” the data documents recidivism risk
for three plausible first offender groupings. The analysis reports that
recidivism risk is lowest for those offenders with least experience in
the criminal justice system.
Report
of the Final Report of the Native American Advisory Group: November 4,
2003. This report contains the findings and recommendations of the ad
hoc Native American Advisory Group. (.PDF)
Final
Report: Survey of Article III Judges. The report contains detailed
analyses of the survey responses, including responses for district and
circuit court judges and comparisons of results across offense types.
It contains a survey methodology section. The survey focuses on judges'
perceptions of how the federal sentencing guidelines have responded to
the goals Congress set forth in the Sentencing Reform Act. (March 2003)
Survey
of Article III Judges Summary Report - The Summary Report provides
a judge survey response overview of how federal sentencing guidelines
have
responded
to the goals Congress set forth in the Sentencing Reform Act. The survey
is part of the Commission's fifteen-year anniversary project and reports
the judges' perspectives concerning the guidelines' effects on the
criminal justice system. (December 2002) (.PDF)
Proceedings
from the Symposium on Federal Sentencing Policy for Economic Crimes
and New Technology Crimes (October 12-13, 2000). The purposes of
this symposium were to discuss sentencing policy for economic crimes
generally, and to discuss the impact of new technology on investigating,
prosecuting, and sentencing economic crimes. Also
available are the proceeding's video recordings.
Report
of the United States Sentencing Commission to the Judicial Conference
of the United States (September 1999). This 5-page report updates
developments regarding commissioner vacancies and the ongoing work
of the agency. (.PDF)
Report
of the United States Sentencing Commission to the Judicial Conference
of the United States (March 1999). This seven-page report outlines
Commission activities and developments regarding Commissioner vacancies,
recent guideline amendments, the ongoing work of the agency, and the
increase in reported cases during the past fiscal year of 1998. (.PDF)
A
two-hour, public briefing (February 4, 1999) included staff presentations
on the following topics :Summary of Proposed Amendments & Issues for Comment,
No Electronic Theft Act - Policy Development Team Report, Economic Crimes,
Sexual Predators, Firearms Issues, and Longer Term Issues. Briefing
Agenda.
Loss
Definition Field Testing Report (10/98). In the summer of 1998,
the Commission worked with the federal judiciary to field-test the
Commission's proposed definition of "loss" for use in the theft and
fraud guidelines. This report discusses the proposal, analyzes the
results of the field test, and summarizes the comments made at the
subsequent debriefing session attended by participants. (.PDF)
The
Year In Review: 1997-1998. (July 1998) This ten-page report highlights
the accomplishments of the U.S. Sentencing Commission during 1997-1998.
The document describes recent achievements in areas including policy
development; resolution of circuit conflicts; appellate review of guideline
departures; legislative initiatives; training and education activities;
research studies; and identifies areas for future study. (.PDF)
Substantial
Assistance: An Empirical Yardstick Gauging Equity in Current Federal
Policy and Practice (January 1998). This exploratory research report
examines the guidelines' "substantial assistance" policy statement
in light of the guidelines' overall statutory goal of fair and honest
sentencing. The study focused on whether different districts' policies
and procedures were consistent and whether similar defendants were
receiving similar sentence reductions for providing similar assistance.
(.PDF)
Research
Bulletin - Just Punishment: Public Perceptions and the Federal Sentencing
Guidelines (3/97) (.PDF) In this study, more than 1,700 citizens
throughout the U.S. provided their opinions on just punishment and
crime seriousness issues. This paper describes the survey and its methodology,
comparing public attitudes with the corresponding sentencing guideline
ranges for four selected federal offenses: drug trafficking, bank robbery,
immigration offenses, and fraud.
National
Sample Survey: Public Opinion on Sentencing Federal Crimes (Berk & Rossi
Report) This monograph reports the findings of a national survey
commissioned by the USSC. Conducted in 1994 through face-to-face interviews,
this study sought to determine how the American public would sentence
persons convicted of crimes under the Federal Criminal Code. This report
on " just punishment" compares the hypothetical sentences
with those recommended in the guidelines.
Corporate
Crime Symposium (Sept. 7-8, 1995) Proceedings Book (.PDF) This
volume contains the proceedings of the Commissions second symposium
in a series on crime and punishment. This symposium on corporate crime
focused on the ways in which companies, industries, and enforcement
officials have responded to the organizational sentencing guidelines'
incentives and other changes in the enforcement landscape that encourage
businesses to develop strong compliance programs.
Intellectual Property Amendments: 2006 Policy Development Team Report (May 2006) -
This Report focuses on the Family Entertainment and Copyright Act (the “Act”), the Intellectual Property Protection and Court Amendment Act of 2005 (“IPPCA Act”), and the CAN-SPAM Act, 15 U.S.C. § 7704. The Commission acted upon directives in the Act by amending, pursuant to emergency authority, the intellectual property guideline, USSG §2B5.3, effective October 24, 2005, and recently voted to promulgate that amendment as a permanent amendment. The Commission also promulgated guideline amendments to follow from the IPPCA Act and the CAN-SPAM Act. (.PDF)
2006 Steroids Report (March 2006) - Prepared by the Steroids Working Group of the United States Sentencing Commission, this report sets forth legislative and guideline history pertaining to steroids offenses, discusses the Commission’s response to legislation, and updates the findings in the Commission’s 1990 Steroids Report.
Interim Staff Report on Immigration and the Federal Sentencing
Guidelines. (January 2006) This interim staff report outlines certain issues arising out
of the Commission's work on immigration offenses. (.PDF)
Nuclear,
Biological, and Chemical Weapons Policy Team - Report to the Commission
(December 4, 2000)
Sentencing
Federal Sexual Offenders: Protection of Children from Sexual Predators
Act of 1998 (February 14, 2000) The Sexual Predators Act Policy
Team prepared this report to assist the Commission in developing possible
responses to directives contained within the Protection of Children
from Sexual Predators Act of 1998 (Pub. L. 105-314).
Cellular
Telephone Cloning Final Report (January 25, 2000). The Economic
Crimes Policy Team addressed the development of options for implementing
the directives contained in the Wireless Telephone Protection Act (Pub.
L. No. 105-172; April 24, 1998). The report details the background,
analysis, findings and policy options identified by the team. (.PDF)
Sentencing
for the Possession or Use of Firearms During a Crime (January 6,
2000). This report of the Firearms Policy Team discusses possible Commission
responses to Pub. L. No. 105-386 and other issues pertaining to 18
U.S.C. § 924(c). (.PDF)
Identity
Theft Final Report (December 15, 1999). This is the final report
of the Economic Crimes Policy Team in response to the Identity Theft
and Deterrence Act of 1998. The report contains an executive summary
and numerous appendices (.PDF)
Methamphetamine
- Final Report of the Methamphetamine Policy Team (November 1999).
This is the final report of the Methamphetamine Policy Team regarding
implementation of the Methamphetamine Trafficking Penalty Enhancement
Act of 1998. (.PDF)
No
Electronic Theft Act Topics
No Electronic Theft Act - Policy Development Team Report (February 1999) (.PDF)- Also available: The Appendix containing the public comment, specific proposals previously published for comment, and a notice of request for public comment. Contact the Commission's Publications Request Line at 202-502-4568, or by e-mail at pubaffairs@ussc.gov)
Letter from Interim Staff Director Timothy B. McGrath to the Honorable Howard Coble, Chairman of Courts and Intellectual Property Subcommittee, House Judiciary Committee (.PDF) - This document clarifies several issues concerning sentencing guidelines for intellectual property offenses that were raised during the course of the May 12, 1999, NET Act Hearing.
Telemarketing Fraud Working Group: Report to the Commission (January
1998) A Commission staff working group conducted a detailed study of
telemarketing fraud offenses in conjunction with the Commission's multi-year
comprehensive assessment of the fraud and related guidelines. (.PDF)
Manslaughter
Working Group Report to the Commission (December 15, 1997). This
report reviews the Voluntary and Involuntary Manslaughter guidelines, §§2A1.3
and 2A1.4, with the objective of assisting the Commission in determining
whether the current guideline penalties are appropriate relative to
other violent offenses. (.PDF)
Report
from Advisory Group on Environmental Sanctions (.PDF) (12/93) This
1993 draft of proposed sanctions for organizations convicted of environmental
offenses was prepared by an independent Advisory Working Group on Environmental
Offenses. The proposal concerns the determination of aggravating factors
in sentencing, organizational commitment to environmental compliance,
and probationary periods for organizations.
Food
and Drug Working Group Final Report (2/95) This update to a February
1994 report includes an overview of the food and drug guideline, §2N2.1,
and the most commonly prosecuted crimes sentenced under it. The report
provides a description and analysis of food and drug cases involving
individuals sentenced under §2N2.1 in fiscal years 1991-93, and
describes food and drug cases involving organizational defendants sentenced
under pre-guidelines law.
Money
Laundering Working Group Report (2/95) This follow-up to an October
1992 report reviews the history of the Commissions consideration
of the money laundering guidelines, summarizes the earlier report,
and updates case law and other relevant information available since
the 1992 report.
Money
Laundering Working Group Summary (2/95) This report summary reviews
findings from the Money Laundering Working Group Reports relating to
the operation of guidelines §2S1.1 and §2S1.2.
Guidelines
Simplification Draft Reports
Report
Summary - Computer Fraud Working Group (9/93) (.PDF) The Computer
Fraud Working Group studied the effectiveness of the fraud and related
guidelines on computer fraud offenses. This report summary presents
an empirical study of defendants convicted under 18 U.S.C. § 1030,
as well as the working group''s summary of findings and recommendations.
Commission Meeting Information
Probation Officers Advisory Group
Organizational Guidelines Advisory Group
Sign
up for E-Mail Updates from the USSC - Listserv