List of All Content

Acceptance of Responsibility

• Acceptance of Responsibility Working Group Report (October 1991)

Alternative Sentencing

• Alternative Sentencing in the Federal Criminal Justice System (June 2015)
  

  As a supplement to the 2009 publication, this report examines more recent trends in the rates of alternative sentences and examines how sentencing courts use their discretion to impose alternative sentences.

• Alternative Sentencing in the Federal Criminal Justice System (January 2009)
  

  This publication provides an in-depth analysis of alternative sentences for federal offenders. It explains the types of alternative sentences available to sentencing courts under federal law, and the extent to which courts impose those sentences. The publication focuses on those offenders who are eligible for alternative sentences and the demographic and offense characteristics of the offenders who receive these sentences.

• Proceedings from the Symposium on Alternatives to Incarceration (July 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. View accompanying materials.

• The Federal Offender: A Program of Intermediate Punishments (December 1990)

  Report from the Alternatives to Imprisonment Project.

Bank Robbery

• Bank Robbery Working Group Report (December 1990)

  This report details the Bank Robbery Working Group's exploration of three issues of concern about how bank robberies are sentenced pursuant to the robbery guideline.

• Bank Robbery Working Group Report (March 1989)

  This memorandum provides an analysis of robbery cases sentenced under the guidelines and received by February 15, 1989.

United States v. Booker (Including Blakely v. Washington)

• Report on the Continuing Impact of United States v. Booker on Federal Sentencing (December 2012)

  This report assesses the continuing impact of United States v. Booker on the federal sentencing system. Part A of the report discusses the history of the federal sentencing guidelines and the sentencing process after Booker. It also provides statistical analyses of federal sentencing data and recommendations for strengthening the federal sentencing guidelines system. Parts B through F and corresponding appendices include more detailed descriptions of appellate court decisions, additional sentencing data, a description of other stakeholders' proposals for sentencing reform, and summaries of relevant public hearings and the Commission's 2010 survey of district judges.

• Prepared Testimony of Judge Patti B. Saris, Chair of the United States Sentencing Commission Before the Subcommittee on Crime, Terrorism, and Homeland Security Committee on the Judiciary, United States House of Representatives (October 2011)

  Chair Saris testifies before members of the House Judiciary Committee regarding the state of federal sentencing since the Supreme Court’s 2005 decision in United States v. Booker.

• Statement of Judge Ricardo H. Hinojosa, Chair of the United States Sentencing Commission Before the Subcommittee on Crime, Terrorism, and Homeland Security, Committee on the Judiciary, United States House of Representatives (March 2006)

  Judge Hinojosa speaks to members of the House Judiciary Committee on the impact of the Supreme Court’s decision in United States v. Booker on federal sentencing.

• Report on the Impact of United States v. Booker on Federal Sentencing (March 2006)

  This report assesses the impact of United States v. Booker on federal sentencing.

• Statement of Judge Ricardo H. Hinojosa, Chair of the United States Sentencing Commission Before the Subcommittee on Crime, Terrorism, and Homeland Security, Committee on the Judiciary, United States House of Representatives (February 2005)

  Judge Hinojosa speaks to members of the House Judiciary Committee on the impact of the Supreme Court’s decision in United States v. Booker on the federal sentencing guidelines.

• Joint Testimony of Commissioner John R. Steer and Judge William K. Sessions, III, Vice Chairs of the United States Sentencing Commission Before the Committee on the Judiciary, United States Senate (July 2004)

  The Vice Chairs testify before the Senate Judiciary Committee on the impact of Blakely v. Washington on current and future operation of the federal sentencing guidelines.

Buy American Act

• Fiscal Year 2015 Buy American Act Report to the Congress (March 2016)

  The United States Sentencing Commission submitted its Buy American Act report to the Congress.

• Fiscal Year 2014 Buy American Act Report to the Congress (March 2015)

  The United States Sentencing Commission submitted its Buy American Act report to the Congress.

• Fiscal Year 2013 Buy American Act Report to the Congress (March 2014)

  The United States Sentencing Commission submitted its Buy American Act report to the Congress.

• Fiscal Year 2012 Buy American Act Report to Congress (March 2013)

  The United States Sentencing Commission submitted this report to Congress pursuant to section 606 of the Consolidated Appropriations Act, 2012, Pub. L. No. 112-74.

Child Pornography

• Report to the Congress: Federal Child Pornography Offenses (December 2012)

  This comprehensive report examines federal sentencing policy in child pornography cases. It focuses primarily on non-production offenses under USSG §2G2.2. One chapter also analyzes production of child pornography offenses under USSG §2G2.1. This report is the result of a multi-year study by the Commission and complements and expands upon the Commission's 2009 report, The History of the Child Pornography Guidelines (See below).

• The History of the Child Pornography Guidelines (October 2009)

  This report provides a history of the child pornography guidelines. This report is the first step in the Commission's ongoing examination of the child pornography guidelines.

Corporate Crime (See also "Historical Development of Guidelines")

• Remarks of Judge Patti B. Saris, Chair of the United States Sentencing Commission at the 12th Annual Compliance and Ethics Institute (October 2013)


• Report from Advisory Group on the Organizational Guidelines (October 2003)

  The United States Sentencing Commission submitted this report to Congress pursuant to section 606 of the Consolidated Appropriations Act, 2012, Pub. L. No. 112-74.

• The Sentencing Commission’s Implementation of the Sarbanes-Oxley Act (Spring 2003)

  By John R. Steer, Member and Vice Chair of the U.S. Sentencing Commission at the time of publication.

• The Federal Sentencing Guidelines for Organizations: A Decade of Promoting Compliance and Ethics (January 2002)

  By Diana Murphy, Chair of the U.S. Sentencing Commission at the time of publication.

• Changing Organizational Behavior: The Federal Sentencing Guidelines Experiment Begins to Bear Fruit (April 2001)

  By John R. Steer, Member and Vice Chair of the U.S. Sentencing Commission at the time of publication.

• Corporate Crime in America: Strengthening the “Good Citizen” Corporation (September 1995)

  Proceedings of the Second Symposium on Crime and Punishment in the United States.

• Report from Advisory Group on Environmental Sanctions (December 1993)

Criminal History (See also "Recidivism")

• Report to the Congress: Career Offender Sentencing Enhancements (August 2016)

  This report provides a broad overview of several key findings of the United States Sentencing Commission’s multi-year study of statutory and guideline definitions relating to the nature of a defendant’s prior conviction (e.g., “crime of violence,” “violent felony,” “drug trafficking offense,” and “felony drug offense”) and the impact of such definitions on the relevant statutory and guideline provisions (e.g., the career offender guideline and the Armed Career Criminal Act).

• Quick Facts: Career Offenders (July 2016)


• Computation of Recency Criminal History Points under USSG §4A1.1(e) (August 2010)

  This document provides certain information considered by the Commission as part of its determination to amend the guideines to eliminate the consideration of "recency" points provided in USSG §4A1.1(e). That amendment, amendment number 5, currently is pending before Congress as part of the package of amendments submitted to Congress on April 29, 2010. The amendment has a specified effective date of November 1, 2010.

• Impact of Prior Minor Offenses on Eligibility for Safety Valve (March 2009)

  This report provides an analysis of the role of convictions for prior minor offenses in the sentences of federal offenders. It examines the extent to which convictions for prior minor offenses may prevent drug trafficking offenders from receiving a sentence below the statutory mandatory minimum punishments for drug trafficking crimes. The publication utilizes data drawn from a large research sample of offenders sentenced in fiscal year 2006.

• Criminal History Working Group Report: Category 0, Category VII, and Career Offender (October 1991)


• Working Group Report on Category 0 and Category VII (November 1990)


• Criminal History Working Group Report (December 1989)


• Career Offender Guidelines Working Group Report (March 1988)

  This report provides findings of the Career Offender Working Group, which was created to examine questions and problems that have arisen with respect to the Career Offender guideline.

• Career Offender Guidelines Working Group Report (March 1988)

  This memorandum presents findings and conclusions of the Criminal Livelihood Working Group.

Data Collection and Analysis

• Public Access to Sentencing Commission Documents and Data


• Federal Sentencing Data and Analysis Issues (August 2010)

  This paper explains the way in which the Commission collects sentencing information, and discusses analytical issues that may arise when using the Commission's sentencing data.

• Introduction to the Collection of Individual Offender Data by the United States Sentencing Commission (May 2009)

  This report introduces the process the United States Sentencing Commission uses to create its fiscal year individual offender datafiles from documents submitted to the Commission. Issues surrounding the use of differing form types and conflicting information among documents are also addressed. The report is designed to help researchers use the Commission's datafiles by providing answers to common data analysis questions.

Demographics

• Quick Facts: Women in the Federal Offender Population (July 2014)


• Demographic Differences in Federal Sentencing Practices: An Update of the Booker Report's Multivariate Analysis (March 2010)

  A report updating the Commission's data analysis concerning demographic differences in federal sentencing practices set forth in Chapter 5 of the Commission's 2006 Final Report on the Impact of United States v. Booker on Federal Sentencing.

Departures

• Military Service; USSG §5H1.11 Departures and Booker Variances (January 2012)

  This document contains case annotations to federal judicial opinions that involve USSG §5H1.11 departures and Booker variances related to a defendant's military service. It includes an introduction discussing how courts have recognized military service and mental health issues relating to combat service, as well as an appendix providing links to internet sites.

• Report to the Congress: Downward Departures from the Federal Sentencing Guidelines (October 2003)

  This report was submitted in response to section 401(m) of the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003, Pub. L. No. 108-21.

• Statements of Judge Diana E. Murphy, Chair and John R. Steer, Vice Chair of the United States Sentencing Commission Before the Subcommittee on Criminal Justice Oversight, Committee on the Judiciary, United States Senate (October 2000)

  Testimony on the work and plans of the Commission as well as trends in departure rates.

Drugs (See also "Recidivism", "Retroactivity")

• Weighing the Charge: Simple Possession of Drugs in the Federal Criminal Justice System (September 2016)

  The number of simple drug possession offenses increased nearly 400 percent between fiscal years 2008 and 2013. This report analyzes the dramatic increase in these federal cases.

• Quick Facts: Drug Trafficking Offenses (May 2016)


• Quick Facts: Heroin Trafficking Offenses (June 2016)


• Quick Facts: Marijuana Trafficking Offenses (June 2016)


• Quick Facts: Methamphetamine Trafficking Offenses (June 2016)


• Quick Facts: Oxycodone Trafficking Offenses (June 2016)


• Quick Facts: Crack Cocaine Trafficking Offenses (June 2016)


• Quick Facts: Powder Cocaine Trafficking Offenses (June 2016)


• Report to the Congress - Impact of the Fair Sentencing Act of 2010 (August 2015)

  The Fair Sentencing Act of 2010 (FSA) reduced the statutory penalties for crack cocaine offenses to produce an 18-to-1 crack-to-powder drug quantity ratio. This report assesses the impact of the FSA on the federal criminal justice system.

• A Generational Shift for Drug Sentences (November 2014)

  Article by Chief Judge Patti B. Saris, Chair of the United States Sentencing Commission in the American Criminal Law Review.

• A Generational Shift for Drug Sentences (March 2014)

  Speech by Chief Judge Patti B. Saris, Chair of the United States Sentencing Commission to Georgetown University Law Center.

• Statement of Judge Ricardo H. Hinojosa, Acting Chair of the United States Sentencing Commission Before the Subcommittee on Crime, Terrorism, and Homeland Security, Committee on the Judiciary, United States House of Representatives (May 2009)

  Judge Hinojosa speaks to members of the House Judiciary Committee on federal cocaine sentencing policy.

• Statement of Judge Ricardo H. Hinojosa, Acting Chair of the United States Sentencing Commission Before the Subcommittee on Crime and Drugs, Committee on the Judiciary, United States Senate (April 2009)

  Judge Hinojosa speaks to members of the Senate Judiciary Committee on federal cocaine sentencing policy.

• Statement of Judge Ricardo H. Hinojosa, Chair of the United States Sentencing Commission Before the Subcommittee on Crime, Terrorism, and Homeland Security, Committee on the Judiciary, United States House of Representatives (February 2008)

  Judge Hinojosa speaks to members of the House Judiciary Committee on federal cocaine sentencing policy.

• Statement of Judge Ricardo H. Hinojosa, Chair of the United States Sentencing Commission Before the Subcommittee on Crime and Drugs, Committee on the Judiciary, United States Senate (February 2008)

  Judge Hinojosa speaks to members of the Senate Judiciary Committee on federal cocaine sentencing policy.

• Analysis of the Impact of the Crack Cocaine Amendment If Made Retroactive (October 2007)

  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.

• Statement of Judge Ricardo H. Hinojosa, Chair of the United States Sentencing Commission Before the Subcommittee on Crime, Terrorism, and Homeland Security, Committee on the Judiciary, United States House of Representatives (June 2007)

  Judge Hinojosa speaks to members of the House Judiciary Committee on federal cocaine sentencing policy.

• Report to the Congress: Cocaine and Federal Sentencing Policy (May 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.

• Steroids Policy Team 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.

• Letter to Congress Regarding the Safe Access to Drug Treatment and Child Protection Act of 2005 (April 2005)

  The Sentencing Commission submitted a letter to the House Judiciary Committee regarding H.R. 1528 and the problem of drug distribution involving minors.

• Statement of Diana E. Murphy, Chair of the United States Sentencing Commission Before the Subcommittee on Crime and Drugs, Committee on the Judiciary, United States Senate (May 2002)

  Judge Murphy speaks to members of the Senate Judiciary Committee on federal cocaine sentencing policy. View accompanying figures.

• Report to the Congress: Cocaine and Federal Sentencing Policy (May 2002)


• Drug Briefing on Federal Cocaine Sentencing Policy (January 2002)


• Report to the Congress: MDMA Drug Offenses, Explanation of Recent Guideline Amendments (May 2001)

  This report was submitted to Congress pursuant to section 3663(e) of the Ecstasy Anti-Proliferation Act of 2000, Pub. L. No. 106-310.

• Statement of Diana E. Murphy, Chair of the United States Sentencing Commission Before the Caucus on International Narcotics Control, United States Senate (March 2001)

  Judge Murphy speaks to members of the Senate about proposed changes to the federal sentencing guidelines for ecstasy trafficking in response to recently enacted legislation. View accompanying figures.

• Statement of John R. Steer, Member and Vice Chair of the United States Sentencing Commission Before the House Governmental Reform Subcommittee on Criminal Justice, Drug Policy and Human Resources (May 2000)

  Vice Chair Steer testifies before members of the House on drug sentencing trends, mandatory minimum penalties, and how these statutory penalties interact with the federal sentencing guidelines. View accompanying figures.

• Methamphetamine Final Report (November 1999)

  This is the final report of the Methamphetamine Policy Team regarding implementation of the Methamphetamine Trafficking Penalty Enhancement Act of 1998.

• Special Report to the Congress: Cocaine and Federal Sentencing Policy (April 1997)

  This report contains the Commission's recommendations on federal sentencing policy for cocaine offenses. Appended to this report is Vice Chairman Michael Gelacak's Concurring Opinion.

• Special Report to the Congress: Cocaine and Federal Sentencing Policy (February 1995)

  This report responds to a congressional directive that the Commission examine federal sentencing policy as it relates to powder and crack cocaine. The report examines pharmacology, methods of use, societal impacts, cocaine distribution and marketing, cocaine's relationship to violent crime, the legislative history of cocaine penalties, and constitutional challenges; and data related to federal drug offenses.

• Report of the Drugs/Role/Harmonization Working Group (November 1992)

  The purpose of the 1992 Drug/Role/Harmonization Working Group has been to re-examine the structure of the drug guideline (§2D1.1) in light of anecdotal and empirical evidence suggesting that sentences for certain drug trafficking defendants may be overly punitive.

• Working Group Report on Drugs and Role in the Offense (November 1991)

  The Drug Working Group explored the relationship between the drug guidelines and role in the offense provisions, primarily mitigating role reductions (§3B1.2). The principal focus of the group has been to study sentencing practices in this area to determine: l) whether there are definitional or other problems in the guideline language that can be improved by studying current sentencing of lesser role defendants; and 2) whether the importance of drug quantity in determining an offender's base offense level results in inappropriate punishment of "less culpable" offenders.

• Drugs Working Group Report: Listed Chemicals (November 1990)

  Background report pertinent to the development of proposed sentencing guidelines for violation of the Chemical Diversion and Trafficking Act of 1988.

Escape

• Report on Federal Escape Offenses in Fiscal Years 2006 and 2007 (November 2008)

  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.

Firearms (Including "Arms Exportation")

• Quick Facts: Section 924(c) Firearms Offenses (July 2016)


• Quick Facts: Felon in Possession of a Firearm (July 2016)


• Report to Congress Regarding the Comprehensive Iran Sanctions Accountability and Divestment Act of 2010 (December 2011)

  The Commission submitted this report to Congress pursuant to a congressional directive in section 107 of the Comprehensive Iran Sanctions Accountability and Divestment Act of 2010, Pub. L. No. 111–195.

• Sentencing for the Possession or Use of Firearms During a Crime (January 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).

• Violent Crimes, Firearms, and Gangs Working Group Report (October 1992)

  The U.S. Congress, the Attorney General, the public, and others have expressed concern about recent increases in violent crime. This working group was asked to focus on the topics of violent crimes, firearms, and gangs. The examination of violent crimes and firearms focused on 1) whether or not the present guideline penalties for these offense types are adequate; and 2) whether or not there are specific application problems associated with these guidelines.

Food and Drug

• Food and Drug Working Group Final Report (February 1995)

  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.

Fraud and Theft (Including "Identity Theft")

• Quick Facts: Copyright & Trademark Infringement Offenses (August 2016)


• Quick Facts: Counterfeiting Offenses (August 2016)


• Quick Facts: Tax Fraud Offenses (August 2016)


• Quick Facts: Theft, Property Destruction, and Fraud Offenses (August 2016)


• Materials from the Symposium on Economic Crime (September 2013)

  In continuation of the Commission’s work on economic crimes, the Commission held a symposium to gather information from various stakeholders in the federal sentencing community on economic crime and the application of the §2B1.1 sentencing guideline.

• An Overview of Loss in USSG §2B1.1 (April 2009)


• Report to the Congress: Amendments to the Federal Sentencing Guidelines in Response to the Emergency Disaster Assistance Fraud Penalty Enhancement Act of 2007

  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.

• Report to the Congress: Increased Penalties Under the Sarbanes Oxley Act of 2002 (January 2003)

  This report was submitted to Congress pursuant to section 1104(a)(3) of the Sarbanes-Oxley Act of 2002, Public Law 107-204.

• Proceedings from the Symposium on Federal Sentencing Policy for Economic Crimes and New Technology Crimes (October 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.

• Cellular Telephone Cloning Final Report (January 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.

• Identity Theft Final Report (December 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.

• Letter from Interim Staff Director Timothy B. McGrath to the Honorable Howard Coble, Chairman of Courts and Intellectual Property Subcommittee, House Judiciary Committee (May 1999)

  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.

• No Electronic Theft Act Hearing: Testimony of the United States Sentencing Commission Before the Courts and Intellectual Property Subcommittee of the House Judiciary (May 1999)


• No Electronic Theft Act - Policy Development Team Report (February 1999)

  Also available: The Appendix containing the public comment, specific proposals previously published for comment, and a notice of request for public comment.

• Report to the Congress: Telemarketing Fraud Offenses - Explanation of Recent Guideline Amendments (October 1998)

  As directed in section 6(b) of the Telemarketing Fraud Prevention Act of 1998, Public Law 105-184) the Sentencing Commission submitted to Congress an explanation of guideline amendments promulgated for telemarketing fraud offenses, as well as additional policy recommendations for combating these offenses.

• Loss Definition Field Testing Report (October 1998)

  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.

• 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.

• Loss Issues Working Paper (October 1997)

  This memorandum discusses issues raised about the definition of loss in the case law, in training, and on the helpline, and presents some general options to address those issues to achieve greater sentencing uniformity and predictability.

• Report to Congress: Adequacy of Penalties for Fraud Offenses Involving Elderly Victims (March 1995)

  This report responds to a congressional directive to review the adequacy of victim-related guideline adjustments for fraud offenses against elderly victims. The report includes: (1) an overview of the legislative history leading to the statutory directive; (2) a discussion of the operation of the relevant sentencing guidelines and policy statements; (3) an examination of case law; (4) an empirical analysis of relevant sentencing data.

• Report Summary - Computer Fraud Working Group (September 1993)

  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.

Historical Development of the Guidelines

• Federal Sentencing: The Basics (September 2015)

  This paper provides an overview of the federal sentencing system. For context, it first briefly discusses the evolution of federal sentencing during the past four decades, including the landmark passage of the Sentencing Reform Act of 1984, as well as key Supreme Court decisions concerning the guidelines. It then describes the nature of federal sentences today and the process by which such sentences are imposed.

• United States Sentencing Commission Reprint Series: Volume II (September 1996)

  This publication provides selected articles highlighting the thoughts of the initial members of the Commission and staff and discuss the philosophies behind the current guideline structure.

• United States Sentencing Commission Reprint Series: Volume I (June 1992)

  This publication provides selected articles on the early years of the federal sentencing guidelines system.

• Supplementary Report on Sentencing Guidelines for Organizations (August 1991)

Immigration

• Quick Facts: Alien Smuggling Offenses (April 2016)


• Quick Facts: Illegal Reentry Offenses (April 2016)
• Report: Illegal Reentry Offenses (April 2015)

  This report focuses on offenders sentenced under USSG §2L1.2, including their criminal histories, number of prior deportations, and personal characteristics.

• Interim Staff Report on Immigration and the Federal Sentencing Guidelines (January 2006)


• Staff Analysis of the Effect of the United States Supreme Court Decision in Lopez v. Gonzalez (December 2007)

  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.

Intellectual Property

• 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.

Life Sentences

• Life Sentences in the Federal System (February 2015)

  This publication discusses the use of life sentences in the federal system and the cases in which the sentencing guidelines recommend that sentence be imposed.

Mandatory Minimum Penalties

• Quick Facts: Mandatory Minimum Penalties (May 2016)


• Submitted Statement of Chair Saris for the House Judiciary Committee Regarding Proposal for Sentencing Reform (November 2015)

  Chair Saris submitted a statement to the House Judiciary Committee regarding “H.R. 3713, Sentencing Reform Act of 2015”.

• Submitted Statement of Chair Saris to the Senate Judiciary Committee Regarding Proposals for Sentencing Reform (October 2015)

  Chair Saris submitted a statement to the Senate Judiciary Committee regarding “S. 2123, Sentencing Reform and Corrections Act of 2015”.

• Sentencing Commission Letter to the Senate Judiciary Committee Regarding Proposals for Sentencing Reform (November 2013)

  Chair Saris sent a letter to the Senate Judiciary Committee expressing the Commission's unanimous support for specific statutory changes that would reduce prison costs and promote fairness in sentencing.

• Statement of Judge Patti B. Saris, Chair of the United States Sentencing Commission for the Senate Judiciary Committee (September 2013)

  The Sentencing Commission submitted a statement for the Senate Judiciary Committee hearing titled “Reevaluating the Effectiveness of Federal Mandatory Minimum Sentences.”

• Report to the Congress: Mandatory Minimum Penalties in the Federal Criminal Justice System (October 2011)

  This report assesses the impact of mandatory minimum penalties on federal sentencing, particularly in light of the Supreme Court's decision in Booker v. United States. The United States Sentencing Commission prepared this report pursuant to a congressional directive contained in section 4713 of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009, Pub L. No. 111–84, and the Commission's statutory authority under 28 U.S.C. §§ 994–995.

• Report to Congress Regarding Federal Mandatory Minimum Sentencing Penalties (July 2009)

  The Sentencing Commission submitted a report on federal mandatory minimum sentencing penalties to the House Judiciary Committee for inclusion in the record of the July 14, 2009, Crime, Terrorism, and Homeland Security Subcommittee Hearing entitled "Mandatory Minimums and Unintended Consequences."

• Special Report to the Congress: Mandatory Minimum Penalties in the Federal Criminal Justice System (August 1991)

  This report responds to a statutory directive that the Commission examine the compatibility of the sentencing guidelines and mandatory minimum penalties, the effect of mandatory minimums on the federal system, and congressional alternatives to mandatory minimums for directing sentencing policy.

Manslaughter

• Manslaughter Working Group Report to the Commission (December 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.

Money Laundering

• Sentencing Policy for Money Laundering Offenses, including Comments on Department of Justice Report (September 1997)

  This report responds to a congressional directive to comment on the Department of Justice's report on federal prosecutorial charging and plea practices affecting money laundering offenses.

• Money Laundering Working Group Report Summary (February 1995)

  This report summary reviews findings from the Money Laundering Working Group Reports relating to the operation of guidelines §2S1.1 and §2S1.2.

• Money Laundering Working Group Report (February 1995)

  This follow-up to an October 1992 report reviews the history of the Commission's consideration of the money laundering guidelines, summarizes the earlier report, and updates case law and other relevant information available since the 1992 report.

National Defense (Including "Weapons of Mass Destruction")

• Quick Facts: Offenses Involving National Defense (December 2013)


• Nuclear, Biological, and Chemical Weapons Policy Team - Report to the Commission. (December 2000)

Prison Resources

• Quick Facts: Federal Offenders in the Bureau of Prisons (October 2016)
• Letter from the Federal Bureau of Prisons Director, Charles E. Samuels, Jr. on Delayed Release of Offenders Receiving Retroactive Sentence Reductions Under Amendment 782 (November 2015)


• Letter for the Record Regarding the Senate Judiciary Committee's Hearing, "Rising Prison Costs: Restricting Budgets and Crime Prevention Options"(August 2012)


• Report to Congress: Maximum Utilization of Prisons Resources (June 1994)

  The Sentencing Reform Act of I984 provides that the U.S. Sentencing Commission and the Federal Bureau of Prisons shall submit to Congress a joint report concerning the maximum utilization of prison resources. This report fulfills this directive.

Public Corruption

• Report of the Public Corruption Working Group (September 1993)

Recidivism

• Recidivism Among Federal Offenders: A Comprehensive Overview (March 2016)

  This report provides a broad overview of key findings from the United States Sentencing Commission’s study of recidivism of federal offenders who were either released from federal prison after serving a sentence of imprisonment or placed on a term of probation in 2005.

• Recidivism Among Offenders Receiving Retroactive Sentence Reductions: The 2007 Crack Cocaine Amendment (May 2014)

  This publication provides an updated recidivism analysis of crack cocaine offenders who were released early after implementation of a 2007 guidelines amendment which retroactively reduced by two levels the base offense levels assigned by the Drug Quantity Table for crack cocaine. In this five-year study, these offenders were compared with similarly situated offenders who served their original sentences.

• Recidivism Among Offenders with Sentence Modifications Made Pursuant to Retroactive Application of 2007 Crack Cocaine Amendment (May 2011)

  This memorandum analyzes the impact on recidivism rates, if any, of sentence reductions under the retroactive application of the 2007 Crack Cocaine Amendment, which reduced by two levels the base offense levels assigned by the Drug Quantity Table for each quantity of crack cocaine and for which the Commission granted retroactive application effective March 3, 2008.

• A Comparison of the Federal Sentencing Guidelines Criminal History Category and the U.S. Parole Commission Salient Factor Score (January 2005)

  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.

• Recidivism and the "First Offender" (May 2004)

  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.

• Measuring Recidivism: The Criminal History Computation of the Federal Sentencing Guidelines (May 2004)

  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.

Retroactivity

• Data on Retroactive Application of the 2014 Drug Guidelines Amendment (July 2016)

  This report provides a set of tables presenting 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 amendment to the federal sentencing guidelines implementing the 2014 Drug Guidelines Amendment (Amendment 782). The retroactive amendment became effective on November 1, 2014. 

• Data on Retroactive Application of the Fair Sentencing Act Amendment (December 2014)

  This report provides a set of tables presenting 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 amendment to the federal sentencing guidelines implementing the Fair Sentencing Act of 2010 (Amendment 750, as amended by Amendment 759). The retroactive amendment became effective on November 1, 2011. The data in this report represents those motions decided by the courts through December 31, 2013, and for which data was received, coded, and edited by the Commission by January 14, 2014.

• Summary of Key Data Regarding Retroactive Application of the 2014 Drug Guidelines Amendment (July 2014)


• Analysis of the Impact of 2014 Drug Guidelines Amendment If Made Retroactive (May 2014)


• Data on Retroactive Application of the 2007 Crack Cocaine Amendment (June 2011)

  A set of tables presenting 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 federal 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 data in this report represents those motions decided by the courts through June 29, 2011, and for which data was received, coded, and edited by the Commission as of July 8, 2011.

• Analysis of the Impact of the Fair Sentencing Act Amendment if Made Retroactive (May 2011)


• Analysis of the Impact of the Fair Sentencing Act Amendment if Made Retroactive (January 2011)


• Analysis of the Impact of Amendment to Section 4A1.1 if Made Retroactive (September 2010)


• Analysis of the Impact of the Influencing a Minor Amendment if Made Retroactive (June 2009)


• Analysis of the Impact of the Crack Cocaine Amendment If Made Retroactive (October 2007)

Robbery

• Quick Facts on Robbery Offenses (August 2016)

Sentencing Trends

• Post Kimbrough/Gall Report (February 2009)


• Changing Face of Federal Criminal Sentencing: Seventeen Years of Growth in the Federal Sentencing Caseload (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.

• Fifteen Years of Guidelines Sentencing (November 2004)

  An assessment of how well the Federal Criminal Justice System is achieving the goals of sentencing reform.

Sex Offenses

• Sentencing Federal Sexual Offenders: Protection of Children from Sexual Predators Act of 1998 (February 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).

• Report to the Congress: Sex Crimes Against Children (June 1996)

  This report analyzes all 1994 and 1995 cases involving sexual abuse, child pornography, or the promotion of illegal sexual contact. The report responds to a congressional directive in the Sex Crimes Against Children Prevention Act of 1995. Pertinent statutory provisions are analyzed and recommendations are presented.

• Report to Congress: Analysis of Penalties for Federal Rape Cases (March 1995)

  This report discusses the operation of the sentencing guidelines with regard to federal rape cases, compares federal and state penalties for sexual assault, analyzes Sentencing Commission sexual abuse data, and analyzes public comment and expert opinion on pertinent issues.

• Report to Congress: Adequacy of Penalties for the Intentional Exposure of Others, through Sexual Activity, to Human Immunodeficiency Virus (March 1995)

  In this report, the Commission considers whether revisions to the sentencing guidelines were needed to accommodate offenses involving willful exposure to HIV. The report examines (1) the operation of the guidelines given the absence of a specific federal statute punishing the intentional transmission of HIV; (2) cases sentenced in fiscal year 1993 to determine the frequency with which HIV exposure was an issue at sentencing; and (3) pertinent case law.

• Child Sex Offenses Working Group Report (December 1991)

  In response to a directive of the 101st Congress, the Child Sex Offense Working Group has conducted a study of sentences imposed pursuant to the selected guidelines under Chapter Two, Parts A and G.

Simplification

• Working Group Purpose Statement (November 1996)

  This simplification project’s purpose statement describes the need for a comprehensive review of the guidelines. The review’s objective is twofold: (1) to reduce the complexity of guideline application; and (2) to improve federal sentencing by working closely with the judiciary and others to refine the guidelines.

• Sentencing Reform Act (November 1996)

  This staff discussion paper provides an overview of the principal purposes and features of the Sentencing Reform Act of 1984 (SRA). The principal SRA provisions that shape and constrain drafting of the sentencing guidelines are described, including the constraints of the “25 percent rule.” The paper enumerates congressional directives enacted subsequent to the SRA that further limit Commission amendment discretion and exert Congress’s direct influence over the levels of severity and specificity reflected in the guidelines for many offenses.

• Departures and Offender Characteristics (November 1996)

  This staff discussion paper analyzes departures and offender characteristics under the guidelines and includes a discussion of pertinent sections of applicable statutory directives and their legislative history, and a review of empirical information on current departure practice and appellate review standards.

• Chapter Three Adjustments (November 1996)

  This staff discussion paper examines the major policy issues in Chapter Three of the Guidelines Manual (except for “Part D - Multiple Counts” which is the topic of a separate report) by reviewing data, case law, hotline calls, training experiences, and pertinent literature. The aim of this paper is to explain why Chapter Three includes certain adjustments and how the adjustments are working.

• Relevant Conduct (November 1996)

  This staff discussion paper examines the tension between real-offense and charge- offense sentencing and the Commission’s response to it: the relevant conduct guideline. The paper discusses the federal criminal code and the ways in which the code and the Sentencing Reform Act eliminate the possibility of a pure offense of conviction sentencing system. Finally, the paper outlines broad options to address these issues.

• Chapter Two Level of Detail (November 1996)

  This paper focuses on the 151 offense guidelines in Chapter Two of theGuidelines Manual. The paper discusses the choices the Commission made about: the factors important to sentencing; the assignment of a specific weight to a base offense level or a specific offense characteristic (SOC); cross reference determinations; and departure decisions

• Chapter Four Criminal History (November 1996)

  This staff discussion paper has three components: (1) policy issues regarding the ability of the current criminal history score to adequately distinguish between offenders; (2) an outline of several issues that create guideline application problems; and (3) alternative criminal history measures that may improve the current guidelines.

• Multiple Counts (November 1996)

  This staff discussion paper reviews the guidelines’ multiple count rules (Chapter Three, Part D). The paper presents information from a year’s worth of hotline calls that dealt with multiple count application. Information on judicial interpretation was obtained from appellate case law on multiple count issues.

• Sentencing Options Under the Guidelines (November 1996)

  The Sentencing Options Working Group examined the various alternatives to imprisonment that are possible under the guidelines. This paper analyzes: (1) statutory directives regarding alternatives, (2) ways in which the guidelines define and allocate sentencing options, (3) criticisms of the existing approach, (4) guideline complexity, (5) judicial use of existing options, (6) factors that account for use or non-use of alternatives, and (7) evaluations of the effectiveness of particular alternatives.

• Simplification Draft Paper, Working Group on Guideline Simplification (June 1995)

Supervised Release

• Federal Offenders Sentenced to Supervised Release (July 2010)

  This report provides a comprehensive review of the legal and data issues related to the imposition, modification, and revocation of federal supervised release.

Substantial Assistance (Includes Rule 35(b))

• The Use of Federal Rule of Criminal Procedure 35(b) (February 2016)

  This report examines sentence reductions for offenders who cooperate with the government in its efforts to investigate or prosecute others. Offenders can receive credit for their “substantial assistance” in at least two ways; at the time of sentencing (USSG §5K1.1 departure motions) and after sentencing (Federal Rule of Criminal Procedure 35(b) motions). In both instances, the government must make a motion for a lower sentence.

• 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.

Surveys

• Results of Survey of United States District Judges January 2010 through March 2010 (June 2010)


• Survey Results/Preliminary Findings on Blakely Effect (November 2004)


• Final Report: Survey of Article III Judges on the Federal Sentencing Guidelines (March 2003)


• Survey of Article III Judges Summary Report (December 2002)


• National Sample Survey: Public Opinion on Sentencing Federal Crimes (March 1997)


• Research Bulletin - Just Punishment: Public Perceptions and the Federal Sentencing Guidelines (March 1997)

  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.

Terrorism

• Nuclear, Biological, and Chemical Weapons Policy Team - Report to the Commission (December 2000)

Tribal Issues

This report provides the TIAG's views on federal sentencing issues relating to American Indian defendants and victims, and offenses committed in Indian country.

• Report of the Tribal Issues Advisory Group (June 2016)
• Final Report of the Native American Advisory Group (November 2003)


• Letter to Congress Regarding Penalties for Cultural Heritage Resource Crimes (April 2002)

  The Sentencing Commission submitted a letter to the Senate Committee on the Judiciary regarding Penalties for Cultural Heritage Resource Crimes.

Year in Review

• Overview of Federal Criminal Cases, Fiscal Year 2015 (June 2016)


• Overview of Federal Criminal Cases, Fiscal Year 2014 (August 2015)


• Overview of Federal Criminal Cases, Fiscal Year 2013 (August 2014)


• Overview of Federal Criminal Cases, Fiscal Year 2012 (July 2013)


• Overview of Federal Criminal Cases, Fiscal Year 2011 (September 2012)


• Overview of Federal Criminal Cases, Fiscal Year 2010 (July 2012)


• Overview of Federal Criminal Cases, Fiscal Year 2009 (December 2010)


• Overview of Federal Criminal Cases, Fiscal Year 2008 (December 2009)


• Overview of Federal Criminal Cases, Fiscal Year 2007 (December 2008)


• Statement of Charles Teztlaff, General Counsel of the United States Sentencing Commission Before the Subcommittee on Crime, Terrorism, and Homeland Security, Committee on the Judiciary, United States House of Representatives (May 2002)

  Mr. Teztlaff reports on the work of the Commission during the amendment cycle and discusses guideline amendments currently pending before Congress.

• Report of the United States Sentencing Commission to the Judicial Conference of the United States (September 1999)

  This five-page report updates developments regarding commissioner vacancies and the ongoing work of the agency.

• 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.

• 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.