Mark the dates of June 10 - June 12, 2009, on your calendar and join us at the New Orleans Hilton Riverside in New Orleans, LA, to discuss the latest issues of the federal sentencing guidelines. A flyer with seminar information is now available.
Pursuant to Rule 3.2 of the Rules of Practice and Procedure of the United States Sentencing Commission, a public meeting of the Commission is scheduled for Tuesday, January 13, 2009, at 11:30 a.m. The meeting will be held at the Thurgood Marshall Federal Judiciary Building, One Columbus Circle, N.E., in Suite 2-500 (South Lobby) as detailed in the agenda.
(December 2008) This publication provides an overview of the number and types of offenses tried in the federal courts and the people who commit them. It examines the growth in the federal criminal case load over a 17-year period, and the changing trends in the types of crime committed and the demographic characteristics of the offenders who commit these crimes. The publication reviews data reported to the United States Sentencing Commission for fiscal year 1991 through fiscal year 2007. It will be available in hard copy format in the coming weeks.
(December 2008) This publication provides a broad overview of federal sentencing data for fiscal year 2007. Readers will find this publication to be a brief, easy-to-use reference on the types of criminal cases handled by the federal courts and the punishments imposed on the offenders convicted in those cases. This publication will be available in hard copy format in the coming weeks.
A set of tables presenting preliminary data on cases in which a motion for a reduced sentence was considered under 18 U.S.C. § 3582(c)(2). These cases involve retroactive application of the crack cocaine amendment to the sentencing guidelines (Amendment 706, as amended by Amendment 711) which became effective on November 1, 2007 and which was made retroactive effective March 3, 2008. The report represents those cases considered by the courts through September 30, 2008 and for which data was received, coded, and edited by the Commission as of December 8, 2008.
An extensive set of tables and charts presenting cumulative quarterly data on cases sentenced in fiscal year 2008. The numbers are prepared using data from cases in which the defendant was sentenced by the close-of-business on September 30, 2008 and which were received, coded, and edited by the Commission by November 3, 2008.
An updated set of tables presenting preliminary data on fiscal year 2008 cases sentenced on or after December 10, 2007 through September 30, 2008. This report was prepared using data received, coded, and edited by the Commission by November 3, 2008.
Pursuant to Rule 3.2 of the Rules of Practice and Procedure of the United States Sentencing Commission, a public meeting of the Commission is scheduled for Thursday, November 20, 2008, at 9:30 a.m. The meeting will be held at the Thurgood Marshall Federal Judiciary Building, One Columbus Circle, N.E., in Suite 2-500 (South Lobby) as detailed in the following agenda:
In response to a suggestion in a decision by the United States Court of Appeals for the Seventh Circuit, United States v. Chambers, 473 F.3d 724 (7th Cir. 2007), cert. granted, __ U.S. __ , 128 S. Ct. 2046 (2008), the United States Sentencing Commission undertook a data analysis of federal escape cases to inform the legal question of whether the crime of escape qualifies as a "violent felony" for purposes of 18 U.S.C. § 924(e), the Armed Career Criminal Act (the “ACCA”). This report summarizes the legal question at issue and describes the methodology and results of the analysis undertaken by the Commission.
This edition of the Guidelines Manual incorporates guideline and policy statement amendments effective November 1, 2008, and earlier.
A set of tables presenting preliminary data on cases in which a motion for a reduced sentence was considered under 18 U.S.C. § 3582(c)(2). These cases involve retroactive application of the crack cocaine amendment to the sentencing guidelines (Amendment 706, as amended by Amendment 711) which became effective on November 1, 2007 and which was made retroactive effective March 3, 2008. The report represents those cases considered by the courts through September 30, 2008 and for which data was received, coded, and edited by the Commission as of October 16, 2008.
On July 14-15, 2008, the United States Sentencing Commission held a national symposium on alternatives to incarceration in Washington, D.C. The purposes of this symposium were to gather information regarding the use of alternatives to incarceration and to provide a forum for idea-sharing concerning possible implementation of non-incarceration sanctions in the federal system.
In August 2008, the Commission published a notice of possible policy priorities for the amendment cycle ending May 1, 2009. See 72 FR 46341 (August 8, 2008). 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 (73 FR 54878).
An updated set of tables presenting preliminary data on fiscal year 2008 cases sentenced on or after December 10, 2007 through June 30, 2008. This report was prepared using data received, coded, and edited by the Commission by September 8, 2008.
An extensive set of tables and charts presenting cumulative quarterly data on cases sentenced in fiscal year 2008. The numbers are prepared using data from cases in which the defendant was sentenced by the close-of-business on June 30, 2008 and which were received, coded, and edited by the Commission by September 8, 2008.
Pursuant to Rule 3.2 of the Rules of Practice and Procedure of the United States Sentencing Commission, a public meeting of the Commission is scheduled for Thursday, September 18, 2008, at 9:00 a.m (eastern daylight time). The meeting will be held at the Thurgood Marshall Federal Judiciary Building, One Columbus Circle, N.E., in Suite 2-500 (South Lobby) as detailed in the following agenda:
This report responds to the directive in section 5(a) of the Emergency and Disaster Assistance Fraud Penalty Enhancement Act of 2007 (the "Disaster Fraud Act"), Pub. L. No. 110-179, 2008. The report discusses the Disaster Fraud Act, its legislative history and explains the actions taken by the Commission pursuant to the congressional directive.
On May 1, 2008, the Commission submitted to Congress amendments to the federal sentencing guidelines and published these amendments in the Federal Register on May 9, 2008. See 73 FR 26924. The Commission has made technical and conforming amendments, set forth in this notice, to commentary provisions related to those amendments (73 FR 52895).
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. Public comment should be received on or before September 8, 2008 (73 FR 46341).
Symposium on Alternatives to Incarceration to be held July 14-15.
The United States Sentencing Commission will host a Symposium on Crime and Punishment: Alternatives to Incarceration on July 14-15, 2008 at the Hyatt Regency Washington on Capitol Hill. The list of symposium presenters includes federal judges, key congressional staff, professors of law and the social sciences, corrections and alternative sentencing practitioners and specialists, federal prosecutors and public defenders, and prison officials. The symposium agenda may be accessed here.
For more information about the symposium, contact Michael Courlander, Public Affairs Officer, at (202) 502-4597.
An updated set of tables presenting preliminary data on fiscal year 2008 cases sentenced on or after December 10, 2007 through May 13, 2008. This report was prepared using data received, coded, and edited by the Commission by July 7, 2008.
An extensive set of tables and charts presenting cumulative quarterly data on cases sentenced in fiscal year 2008. The numbers are prepared using data from cases in which the defendant was sentenced by the close-of-business on March 31, 2008 and which were received, coded, and edited by the Commission by May 27, 2008. (Published June 2, 2008)
Pursuant to its authority under 28 U.S.C. § 994(p), on May 1, 2008, the Commission submitted to Congress amendments to the federal sentencing guidelines, policy statements, commentary, and statutory index. The Commission has specified an effective date of November 1, 2008, for the amendments set forth in this notice. This notice sets forth the amendments and the reason for each amendment (73 FR 26923-26936).
This compilation contains unofficial text of (A) amendments effective May 1, 2008, and (B) amendments submitted to Congress on May 1, 2008, effective November 1, 2008. Official text of Part A can be found in the Federal Register at 73 FR 23521, and official text of Part B will appear in an upcoming edition of the Federal Register.
Pursuant to section 994(p) of title 28, United States Code, the United States Sentencing Commission hereby submits to the Congress the following amendments to the sentencing guidelines and the reasons therefor. As authorized by such section, the Commission specifies an effective date of November 1, 2008, for these amendments.
This supplement incorporates the following: (1) the emergency amendments to §2B1.1 (Larceny, Embezzlement, and Other Forms of Theft; Offenses Involving Stolen Property; Property Damage or Destruction; Fraud and Deceit; Forgery; Offenses Involving Altered or Counterfeit Instruments Other than Counterfeit Bearer Obligations of the United States) and Appendix A (Statutory Index), effective February 6, 2008; (2) the amendments to §1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)), effective March 3, 2008, and May 1, 2008; and (3) the amendment to the commentary to §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy), effective May 1, 2008. This document supercedes the March 3, 2008 Supplement to the 2007 Guidelines Manual, and, when used in conjunction with the 2007 Guidelines Manual (blue with white lettering), constitutes the operative Guidelines Manual effective May 1, 2008.
Each packet contains a set of figures, tables, and charts comparing selected national sentencing data to data from cases sentenced in each judicial district. Data is also aggregated by circuit and by state (for states in which is located more than one judicial district).
The United States Sentencing Commission announces the formation of its standing "Victims Advisory Group."
The Sentencing Commission hereby gives notice of amendments to the commentary to §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy) and to policy statement §1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)) made pursuant to its authority under 28 U.S.C. § 994(a), (o), and (u). The Commission has specified an effective date of May 1, 2008 for the amendments set forth in this notice (73 FR 23521).
On April 16, 2008, the Commission voted to amend the commentary to §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy) to revise the manner in which combined offense levels are determined in cases involving cocaine base ("crack cocaine") and one or more other controlled substance. The Commission also voted to amend §1B1.10 [Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)] to provide retroactive effect to the amendment to §2D1.1. A reader-friendly version of these amendments is accessible through this link. Official text of the amendments will be posted on the Commission's website at www.ussc.gov and incorporated into a forthcoming supplement to the Guidelines Manual.
These amendments take effect May 1, 2008. Until that date, the court should apply §2D1.1 as set forth in the 2007 Guidelines Manual, and §1B1.10 as set forth in the Supplement to the 2007 Guidelines Manual effective March 3, 2008.
The Commission received comment from the judiciary, the executive branch, members of the defense bar, and interested organizations in response to its request for public comment on proposed amendments to the sentencing guidelines (see 73 FR 4931). The public comment is accessible through this link.
As indicated in this agenda, a public meeting of the Commission is scheduled for Wednesday, April 16, 2008, at 2:00 p.m. The meeting will be held at the Thurgood Marshall Federal Judiciary Building, One Columbus Circle, N.E., in Suite 2-500 (South Lobby).
An informational flyer and registration forms are now available.
An extensive set of tables and charts presenting the final cumulative fiscal year quarterly data on cases sentenced in fiscal year 2007. The report also provides an analysis of sentencing trends over five years for several key sentencing practices. (Published March 19, 2008)
As indicated in this agenda, the Commission has scheduled a public hearing on Thursday, March 13, 2008, beginning at 9:30 a.m. and concluding at approximately 12:00 p.m. in the Mecham Conference Center – West Side, Thurgood Marshall Federal Judiciary Building, Washington, DC.
The 2007 Annual Report presents an overview of major Commission activities and accomplishments for fiscal year 2007. See the Commission's 2007 Sourcebook of Federal Sentencing Statistics for descriptive figures, tables, and charts, and selected district, circuit, and national sentencing data.
CLC/USSC Joint Memorandum to the Federal Judiciary from the respective Chairs of the Criminal Law Committee of the Judicial Conference and the United States Sentencing Commission Regarding Order Form (AO 247) for Use in Sentencing Modifications of Cocaine Base ("Crack Cocaine") Offenses, Pursuant to 18 U.S.C. § 3582(c)(2).
Prepared Statement of Ricardo H. Hinojosa, Chair, United States Sentencing Commission before the Senate Judiciary Committee's Crime and Drugs Subcommittee - February 12, 2008.
As indicated in this agenda, the Commission has scheduled a public briefing session at the Commission on Wednesday, February 13, 2008, beginning at 9:30 a.m. and concluding at approximately 11:30 a.m.
This supplement incorporates amendments to §1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)), effective March 3, 2008; and emergency guideline amendments to §2B1.1 (Larceny, Embezzlement, and Other Forms of Theft; Offenses Involving Stolen Property; Property Damage or Destruction; Fraud and Deceit; Forgery; Offenses Involving Altered or Counterfeit Instruments Other than Counterfeit Bearer Obligations of the United States) and Appendix A (Statutory Index), effective February 6, 2008. Upon their respective effective dates, the amended guideline and policy statement, as set forth in the enclosed document, will supercede the versions of §§1B1.10 and 2B1.1 set forth in the 2007 Guidelines Manual (blue with white lettering), and together with the rest of the 2007 Guidelines Manual, will constitute the operative Guidelines Manual.
This compilation contains unofficial text of proposed amendments to the sentencing guidelines, policy statements, and commentary, and to the Commission’s Rules of Practice and Procedure, and is provided only for the convenience of the user in the preparation of public comment.
Official text of the proposed amendments, which will appear in the January 28, 2008, edition of the Federal Register, can be found in the following documents:
Pursuant to section 994(a), (o), and (p) of title 28, United States Code, the United States Sentencing Commission is considering promulgating certain amendments to the sentencing guidelines, policy statements, and commentary. This notice sets forth the proposed amendments, a synopsis of each amendment, and various issues for comment. The Commission hereby also provides notice of a public hearing which is tentatively scheduled for 9:30 a.m., Thursday, March 13, 2008, in the Mecham Conference Center, Thurgood Marshall Federal Judiciary Building, Washington, D.C. Written public comment regarding the proposed amendments and issues for comment set forth in this notice, including public comment regarding retroactive application of any of the proposed amendments, should be received by the Commission not later than March 28, 2008. (73 FR 4931-4939)
Section 995(a)(1) of title 28, United States Code, authorizes the Commission to establish general policies and promulgate rules and regulations as necessary for the Commission to carry out the purposes of the Sentencing Reform Act of 1984. This notice sets forth proposed amendments to the Commission’s Rules of Practice and Procedure pertaining to retroactivity consideration and a related issue for comment. Written public comment on these proposed amendments and issue for comment should be received on or before March 28, 2008. (73 FR 4939-4940)
The Commission hereby gives notice of a temporary, emergency amendment to the sentencing guidelines and commentary, made pursuant to section 5(c) of the Emergency and Disaster Assistance Fraud Penalty Enhancement Act of 2007, Pub. L. 110-179. This notice sets forth the temporary, emergency amendment and the reason for amendment. The Commission has specified an effective date of February 6, 2008, for the emergency amendment, which will be incorporated into a forthcoming supplement to the Guidelines Manual. (73 FR 3504-3505)
A public meeting of the Commission is scheduled for Wednesday, January 9, 2008, at 11:30 a.m. The meeting will be held at the Thurgood Marshall Federal Judiciary Building, One Columbus Circle, N.E., in Suite 2-500 (South Lobby) as detailed in the agenda.
The Commission hereby gives notice of amendments to a policy statement and commentary made pursuant to its authority under 28 U.S.C. § 994(a) and (u). (73 FR 217-220) On December 11, 2007, the Commission promulgated an amendment to policy statement §1B1.10 [Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)] clarifying when, and to what extent, a sentencing reduction is considered consistent with the policy statement and therefore authorized under 18 U.S.C. § 3582(c)(2).
On December 11, 2007, the Commission also promulgated an amendment to policy statement §1B1.10 that designates Amendment 706, as amended by Amendment 711, (pertaining to to crack cocaine offenses) for inclusion in subsection (c) as an amendment that may be applied retroactively.
The reader-friendly text of the two amendments to policy statement §1B1.10 in this Federal Register Notice of Final Action is posted on the Commission's website at http://www.ussc.gov/2007guid/030308rf.pdf.
The amendments in this Federal Register Notice of Final Action do not take effect until March 3, 2008. Until that date, the court should apply § 1B1.10 as it exists in the Guidelines Manual effective November 1, 2007.
On December 11, 2007, the Commission voted to give retroactive effect to the recent crack cocaine amendment and adopted other modifications to the policy statement covering retroactivity. This reader-friendly text combines the text of the two amendments to policy statement §1B1.10 [Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)] and shows §1B1.10 as it will appear in a forthcoming supplement to the Guidelines Manual. Official text of the amendments will be posted on the Commission’s website at www.ussc.gov and can be found in a forthcoming edition of the Federal Register.
The amendments incorporated into this reader-friendly version of §1B1.10 do not take effect until March 3, 2008. Until that date, the court should apply §1B1.10 as it exists in the Guidelines Manual effective November 1, 2007.
Commission Votes Unanimously to Apply Amendment Retroactively for Crack Cocaine Offenses; Effective Date for Retroactivity Set for March 3, 2008.
Pursuant to Rule 3.2 of the Rules of Practice and Procedure of the United States Sentencing Commission, a public meeting of the Commission is scheduled for Tuesday, December 11, 2007, at 3:30 p.m., in the Mecham Conference Center, Thurgood Marshall Federal Judiciary Building, Washington, D.C.
The transcript from the November 13, 2007, public hearing is now available.
During the public comment period ending November 1, 2007, the Sentencing Commission received comment from the judiciary, the executive branch, interested organizations, members of the defense bar, and individual citizens. In addition to the public comment accessible through this link, the Commission received more than 33,000 letters from individuals expressing their views on retroactivity, which are available to the public in accordance with the Commission's Public Access Policy.
As indicated in this agenda, the Commission has scheduled a public briefing session at the Commission on Wednesday, November 14, 2007, beginning at 9:30 a.m. and concluding at approximately 11:30 a.m.
As detailed in this agenda, the Commission has scheduled a public hearing for November 13, 2007 at Georgetown University Law Center, Gerwirz Student Center, Twelfth Floor Conference Room, 120 F Street, NW, Washington, DC at 9:30 a.m., regarding whether Amendment 9 pertaining to offenses involving cocaine base ("crack") and Amendment 12 pertaining to certain criminal history rules, see 72 FR 28558 (May 21, 2007); 72 FR 51882 (September 11, 2007), should be applied retroactively to previously sentenced defendants.
As of today, November 1, 2007, the amendments promulgated by the Commission and submitted to Congress on May 1, 2007, are effective. Accordingly, the following documents available elsewhere on the Commission's website are compiled here for convenience:
The Federal Sentencing Guidelines Manual and Appendices (2007). This edition of the Guidelines Manual incorporates guideline and policy statement amendments effective November 1, 2007, and earlier.
"Reader Friendly" Version of the 2007 Amendments to the Sentencing Guidelines Submitted to Congress on May 1, 2007.This compilation contains unofficial text of amendments to the sentencing guidelines and is provided only for the convenience of the user.
Federal Register Notice of Final Action regarding Technical and Conforming Amendments to Federal Sentencing Guidelines Effective November 1, 2007. This Federal Register notice provides technical and conforming amendments promulgated by the Commission on August 29, 2007, to commentary provisions relating to amendments submitted to Congress on May 1, 2007. These amendments make technical and conforming changes to, among other amendments, the crack cocaine amendment and become effective November 1, 2007.
The Commission has scheduled a public hearing for November 13, 2007 at Georgetown University Law Center, Gerwirz Student Center, Twelfth Floor Conference Room, 120 F Street, NW, Washington, DC at 9:30 a.m., regarding whether Amendment 9 pertaining to offenses involving cocaine base ("crack") and Amendment 12 pertaining to certain criminal history rules, see 72 FR 28558 (May 21, 2007); 72 FR 51882 (September 11, 2007), should be applied retroactively to previously sentenced defendants. Requests to testify should be received by the Commission not later than October 29, 2007. Written testimony for the public hearing must be received by the Commission not later than November 5, 2007.(.PDF) (FR 72 58345-58346)
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 §1B1.10 (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.
The Commission is issuing this notice to advise the public that the period for public comment regarding retroactivity of Amendment 9, which pertains to offenses involving cocaine base (''crack''), or Amendment 12, which pertains to certain criminal history rules, has been extended to November 1, 2007. The deadline was initially October 1, 2007. (72 FR 54960-54961)
A public meeting of the Commission is scheduled for Thursday, September 20, 2007, at 9:30 a.m. The meeting will be held at the Thurgood Marshall Federal Judiciary Building, One Columbus Circle, N.E., in Suite 2-500 (South Lobby) as detailed in the agenda.
The United States Sentencing Commission is issuing this notice to advise the public that the application period for membership in the Victims Advisory Group has been extended to November 13, 2007. The deadline was originally July 30, 2007. (72 FR 51883-51884)
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. (72 FR 51884)
On May 1, 2007, the Commission submitted to Congress amendments to the federal sentencing guidelines and published these amendments in the Federal Register on May 21, 2007. See 72 FR 28558. The Commission has made technical and conforming amendments, set forth in this notice, to commentary provisions related to those amendments. (72 FR 51882-51883)
Federal Register Notice of Proposed Priorities and Request for Public Comment (submitted July 27, 2007). 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, 2008. Public comment should be received on or before August 23, 2007. (72FR41795-41796)
Federal Register Notice (submitted July 27, 2007). Request for public comment regarding retroactive application of amendments pertaining to cocaine base (crack) and to criminal history. Public comment should be received on or before October 1, 2007 (72FR41794-41795)
Prepared Statement of Ricardo H. Hinojosa Chair, United States Sentencing Commission before the House Judiciary Committee Subcommittee on Crime, Terrorism, and Homeland Security - June 26, 2007.
Request for public comment on the membership of a standing victims advisory group; requests to be considered for initial membership; and proposed amendment to the Sentencing Commission’s Rules of Practice and Procedure. Requests to be considered for the initial membership of the victims advisory group must be received by the Commission not later than July 30, 2007. ( 72 FR 33798-33799)
This supplement incorporates the emergency guideline amendments to 2H3.1 and Appendix A. Effective May 1, 2007
This is the Commission's fourth report to Congress on the subject of federal cocaine sentencing policy. The report updates much of the data and information contained in previous Commission reports and provides recommendations to Congress for modifications to the statutory penalty structure for federal cocaine offenses. (May 2007)
The Spring 2007 edition of the United States Sentencing Commission periodic newsletter is now available.
Pursuant to its authority under 28 U.S.C. § 994(p), the Commission has promulgated amendments to the sentencing guidelines, policy statements, commentary, and statutory index. This notice sets forth the amendments and the reason for each amendment. The Commission has specified an effective date of November 1, 2007, for the amendments set forth in this notice. (FR 28558-28577)
This compilation contains unofficial text of amendments to the sentencing guidelines and is provided only for the convenience of the user. Official text of the amendments can be found in a forthcoming edition of the Federal Register.
Pursuant to section 994(p) of title 28, United States Code, the United States Sentencing Commission hereby submits to the Congress the following amendments to the sentencing guidelines and the reasons therefor. As authorized by such section, the Commission specifies an effective date of November 1, 2007, for these amendments. (.PDF)
United States Sentencing Commission votes to amend guidelines for Terrorism, Sex Offenses, Intellectual Property Offenses, and Crack Cocaine Offenses
Pursuant to section 4 of the Telephone Records and Privacy Protection Act of 2006 (the "Telephone Act"), Pub. L. 109-476, the Commission hereby gives notice of a temporary, emergency amendment to the sentencing guidelines, policy statements, and commentary. This notice sets forth the temporary, emergency amendment and the reason for amendment (72 FR 20576-20577).
(Published March 16, 2007): An extensive set of tables and charts presenting the final cumulative fiscal year quarterly data on cases sentenced in fiscal year 2006.
SENATE CONFIRMS TWO SENTENCING COMMISSIONERS: Ms. Beryl A. Howell Reconfirmed and Ms. Dabney Langhorne Friedrich Confirmed
The 2006 Annual Report presents an overview of major Commission activities and accomplishments for fiscal year 2006. See the Commission's 2006 Sourcebook of Federal Sentencing Statistics for descriptive figures, tables, and charts, and selected district, circuit, and national sentencing data.
This compilation contains unofficial text of amendments to the sentencing guidelines and is provided only for the convenience of the user. Official text of the amendments can be found in the January 30, 2007, edition of the Federal Register (72 FR 4372).
Request for public comment, including public comment regarding retroactive application of any of the proposed amendments. Notice of public hearing. Pursuant to section 994(a), (o), and (p) of title 28, United States Code, the United States Sentencing Commission is considering promulgating certain amendments to the sentencing guidelines, policy statements, and commentary. This notice sets forth the proposed amendments and, for each proposed amendment, a synopsis of the issues addressed by that amendment. This notice also provides multiple issues for comment, some of which are contained within proposed amendments. Written public comment regarding the proposed amendments and issues for comment set forth in this notice, including public comment regarding retroactive application of any of the proposed amendments, should be received by the Commission not later than March 30, 2007. (72 FR 4372-4398).
Amicus Curiae Brief Filed by the United States Sentencing Commission. On January 22, 2007, the United States Sentencing Commission filed an amicus curiae brief with the Supreme Court of the United States in Support of the United States in Claiborne v. United States and Rita v. United States. The brief addressed the question of whether a district court's application of the Sentencing Guidelines produces a presumptively reasonable sentence.
A Hearing Transcript from the November 14, 2006, public hearing on cocaine and federal sentencing policy, at the Georgetown University Law Center, in Washington, D.C. is now available.
This manual contains the federal sentencing guidelines and policy statements effective November 1, 2006.
On May 1, 2006, the Commission submitted to Congress amendments to the federal sentencing guidelines and published these amendments in the Federal Register on May 15, 2006. See 71 FR 28063. The Commission has made technical and conforming amendments to commentary provisions related to those amendments and has made a correction to the amendatory language of one amendment. (.PDF) (71 FR 56577)
In August 2006, the Commission published a notice of possible policy priorities for the amendment cycle ending May 1, 2007. See 77 FR 44344 (August 4, 2006). 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. (.PDF) (71 FR 56578)
Pursuant to section 1(c) of the Stop Counterfeiting in Manufactured Goods Act, Pub. L. 109-181, the Commission hereby gives notice of a temporary, emergency amendment to the sentencing guidelines, policy statements, and commentary. This notice sets forth the temporary, emergency amendment and the reason for amendment. (71 FR 53736-53737)
Synopsis and text of the emergency amendment to the guidelines promulgated in response to the Stop Counterfeiting in Manufactured Goods Act.
U.S. Sentencing Commission votes to promulgate emergency guideline amendment regarding intellectual property crimes.
The Federal Statistical Information Packets by State, District, and Circuit for the 2004 and 2005 fiscal years.
Joint memorandum to the federal judiciary from the respective Chairs of the Sentencing Commission and the Criminal Law Committee of the Judicial Conference of the United States regarding the statutory requirement to use the Statement of Reasons Form in judgment in a criminal case. (.PDF)
Federal Register Notice (August 1, 2006) 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, 2007. Public comment should be received on or before September 1, 2006. ( 71 FR 44344-44345)
This compilation contains unofficial text of amendments to the sentencing guidelines and is provided only for the convenience of the user. Official text of the amendments can be found on the Commission’s website and in the May 15, 2006, edition of the Federal Register (71 FR 28063). (.PDF)
The Commission requests public comment pertaining to an amendment submitted to the Congress on May 1, 2006, that creates a policy statement governing a reduction in term of imprisonment as a result of a motion by the Director of the Bureau of Prisons. Written public comment regarding the issue for comment set forth in this notice should be received by the Commission not later than July 14, 2006. (71 FR 28062-28063) (.PDF)
Pursuant to its authority under 28 U.S.C. § 994(p), the Commission has promulgated amendments to the sentencing guidelines, policy statements, commentary, and statutory index. This notice sets forth the amendments and the reason for each amendment. (71 FR 28063-28073) (.PDF)
Pursuant to section 994(p) of title 28, United States Code, the United States Sentencing Commission hereby submits to the Congress the following amendments to the sentencing guidelines and the reasons therefor. As authorized by such section, the Commission specifies an effective date of November 1, 2006, for these amendments. (.PDF)
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)
U.S. Sentencing Commission Votes To Amend Guidelines For Terrorism, Firearms, and Steroids.
In response to congressional directives, the Commission has promulgated a temporary, emergency amendment to §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy). The Commission has established an effective date of March 27, 2006, for this amendment.
The amended guideline, as set forth in the Supplement, supercedes the current §2D1.1 that is set forth in the 2005 Guidelines Manual (white cover with burnt orange lettering), and together with the rest of the 2005 Guidelines Manual, will constitute the operative Guidelines Manual effective March 27, 2006. (.PDF)
Pursuant to the Anabolic Steroid Control Act of 2004, Pub. L. 108-358 (the "ASC Act") and the United States Parole Commission Extension and Sentencing Commission Authority Act of 2005, Pub. L. 109-76, the Commission hereby gives notice of a temporary, emergency amendment to the sentencing guidelines, policy statements, and commentary. This notice sets forth the temporary, emergency amendment and the reason for the amendment. The Commission has specified an effective date of March 27, 2006, for the emergency amendment set forth in this notice. (71 FR 15795 - 15796)
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. (.PDF)
This final report assesses the impact of United States v. Booker on federal sentencing. March 2006. (PDF)
Explanation of revisions to version released March 13, 2006.
United States Sentencing Commission before the Subcommittee on Crime, Terrorism, and Homeland Security Committee on the Judiciary, United States House of Representatives - March 16, 2006
January 27, 2006, News Release: U.S. Sentencing Commission Seeks Comment on Sentencing Guidelines For Terrorism, Firearms, Steroids, and Immigration Offenses.
(71 FR 4782-4804) Public comment regarding the proposed amendments and issues for comment should be received by the United States Sentencing Commission, One Columbus Circle, NE, Suite 2-500, Washington, DC 20002-8002, not later than March 28, 2006, with the exception of comment on a proposed temporary, emergency amendment on guidelines covering steroid offenses that is due February 27, 2006. (.PDF)
This compilation contains unofficial text of proposed amendments
to the sentencing guidelines and is provided only for the convenience of
the user in the preparation of public comment. Official text of the proposed
amendments will appear in the January 27, 2006, Federal Register. (.PDF)
This interim staff report outlines certain issues arising out of the Commission's work on immigration offenses. January 2006 (.PDF)
Commission Meeting Information
Probation Officers Advisory Group
Organizational Guidelines Advisory Group
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