[Federal Register: September 2, 2003 (Volume 68, Number 169)]
[Notices]
[Page 52264-52265]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02se03-152]
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UNITED STATES SENTENCING COMMISSION
Sentencing Guidelines for United States Courts
AGENCY: United States Sentencing Commission.
ACTION: Notice of final priorities.
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SUMMARY: In June 2003, the Commission published a notice of possible
policy priorities for the amendment cycle ending May 1, 2004. See 68 FR
39173 (July 1, 2003). After reviewing public comment received pursuant
to this notice, the Commission has identified its policy priorities for
the upcoming amendment cycle. The Commission hereby gives notice of
these policy priorities.
FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Affairs
Officer, Telephone: (202) 502-4590.
SUPPLEMENTARY INFORMATION: The United States Sentencing Commission, an
independent commission in the judicial branch of the United States
Government, is authorized by 28 U.S.C. 994(a) to promulgate sentencing
guidelines and policy statements for Federal courts. Section 994 also
directs the Commission periodically to review and revise promulgated
guidelines and authorizes it to submit guideline amendments to Congress
not later than the first day of May each year. See 28 U.S.C. 994(o),
(p).
As part of its statutory authority and responsibility to analyze
sentencing issues, including operation of the Federal sentencing
guidelines, the Commission has identified certain priorities as the
focus of its policy development work, including possible
[[Page 52265]]
amendments to guidelines, policy statements, and commentary, for the
amendment cycle ending May 1, 2004. While the Commission intends to
address these priority issues, it recognizes that other factors, such
as the enactment of legislation requiring Commission action, may affect
the Commission's ability to complete work on all of the identified
policy priorities by the statutory deadline of May 1, 2004. The
Commission may address any unfinished policy work from this agenda
during the amendment cycle ending May 1, 2005.
For the amendment cycle ending May 1, 2004, and possibly continuing
into the amendment cycle ending May 1, 2005, the Commission has
identified the following policy priorities:
(1) Implementation of the PROTECT Act, Pub. L. 108-21, including
guideline amendments addressing the directives to the Commission in (A)
section 401 pertaining to downward departures; (B) sections 401, 504,
512, and 513 pertaining to new and existing sex offenses and offenses
involving virtual pornography; and (C) section 608 pertaining to
increased penalties for offenses involving the trafficking of GHB;
(2) consideration and implementation of recommendations made by the
Commission's Organizational Guidelines Advisory Group;
(3) consideration and implementation of recommendations made by the
Commission's Native American Advisory Group;
(4) continuation of its work implementing the 21st Century
Department of Justice Appropriations Authorization Act, Pub. L. 107-
273, including guideline amendments pertaining to (A) assaulting or
threatening Federal judges or other officials described in 18 U.S.C.
111 or 115; and (B) a new offense, at 18 U.S.C. 931, prohibiting
violent felons from purchasing, owning, or possessing body armor;
(5) consideration of guideline amendment proposals related to the
public corruption guidelines in Chapter Two, Part C (Offenses Involving
Public Officials);
(6) continuation of its work on the 15 Year Study, which is
composed of a number of projects geared toward analyzing the guidelines
in light of the goals of sentencing reform described in the Sentencing
Reform Act and the statutory purposes of sentencing set forth in 18
U.S.C. 3553(a)(2);
(7) continuation of its policy work related to manslaughter,
particularly consideration of guideline amendment proposals providing
specific offense characteristics in 2A1.4 (Involuntary Manslaughter),
and other homicide offenses;
(8) continuation of its policy work related to immigration
offenses, including offenses under 2L1.1 (Smuggling, Transporting, or
Harboring an Unlawful Alien) and 2L1.2 (Unlawfully Entering or
Remaining in the United States);
(9) continuation of its work with Congress and other interested
parties on cocaine sentencing policy consistent with the
recommendations made by the Commission in its 2002 report to Congress,
Cocaine and Federal Sentencing Policy;
(10) consideration of guideline amendment proposals pertaining to
terrorism, including terrorism offenses involving man-portable air
defense systems (MANPADS) and other similar weapons and the illegal
transportation of hazardous materials;
(11) consideration of guideline amendment proposals pertaining to
compassionate release programs;
(12) other miscellaneous and limited issues pertaining to the
operation of the sentencing guidelines, including (A) offenses
involving the unlawful sale or transportation of drug paraphernalia;
and (B) offenses involving the receipt or possession of stolen mail;
(13) implementation of other crime legislation enacted during the
first session of the 108th Congress warranting a Commission response;
(14) review of the limitation on the base offense level (i.e., not
more than level 30) provided in subsection (a)(3) of 2D1.1 (Unlawful
Manufacturing, Importing, Exporting, or Trafficking (Including
Possession with Intent to Commit these Offenses); Attempt or
Conspiracy); and
(15) continuation of its multiyear research, policy work, and
possible guideline amendments relating to Chapter Four (Criminal
History and Criminal Livelihood), which may include (A) assessment of
the calculation of criminal history points for first time offenders and
offenders who are in the highest criminal history categories; (B)
assessment of the criminal history rules for minor offenses, juvenile
offenses, and expunged convictions; (C) assessment of the criminal
history rules for related cases; and (D) consideration of other
application issues relating to simplifying the operation of Chapter
Four.
Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and
Procedure 5.2.
Diana E. Murphy,
Chair.
[FR Doc. 03-22250 Filed 8-29-03; 8:45 am]
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