The US Sentencing Commission around this time of year typically releases a set of proposed priorities for the coming year's guideline amendment cycle. For a bit of context, here are links to posts about its release of priorities for the 2016-17 amendment cycle and for the 2017-18 amendment cycle. As informed readers may recall, the USSC is still working with a reduced membership — it is supposed to have seven members and right now has only four — and there seems to be no movement on the controversial slate of additional nominees that Prez Trump put forward in March (basics here and more here). I suspect the reduced membership might in part account for what this year's list of proposed priorities may be a bit shorter than usual.
But the reduced membership has not prevented the USSC from still producing a set of proposed priorities for 2018-19 amendment cycle that have more than a few interesting elemtns. Nine total priorities were released yesterday and appear on the USSC website and in this new federal register notice. Here excepts from the notice that especially caught my eye (with some added emphasis in a few spots):
Pursuant to 28 U.S.C. § 994(g), the Commission intends to consider the issue of reducing costs of incarceration and overcapacity of prisons, to the extent it is relevant to any identified priority.
As so prefaced, the Commission has identified the following tentative priorities:
(1) Continuation of its multiyear examination of the structure of the guidelines post-Booker and consideration of legislative recommendations or guideline amendments to simplify the guidelines, while promoting proportionality and reducing sentencing disparities, and to account appropriately for the defendant’s role, culpability, and relevant conduct.
(2) A multiyear study of synthetic drug offenses committed by organizational defendants, including possible consideration of amendments to Chapter Eight (Sentencing Organizations) to address such offenses.
(3) Continuation of its work with Congress and others to implement the recommendations of the Commission’s 2016 report to Congress, Career Offender Sentencing Enhancements, including its recommendations to revise the career offender directive at 28 U.S.C. § 994(h) to focus on offenders who have committed at least one “crime of violence” and to adopt a uniform definition of “crime of violence” applicable to the guidelines and other recidivist statutory provisions.
(4) Continuation of its work with Congress and others to implement the recommendations of the Commission’s 2011 report to Congress, Mandatory Minimum Penalties in the Federal Criminal Justice System — including its recommendations regarding the severity and scope of mandatory minimum penalties, consideration of expanding the “safety valve” at 18 U.S.C. § 3553(f), and elimination of the mandatory “stacking” of penalties under 18 U.S.C. § 924(c) — and preparation of a series of publications updating the data in the report....
(9) Consideration of other miscellaneous issues, including (A) possible amendments to the commentary of §1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)) in light of Koons v. United States, No. 17-5716 (June 4, 2018); (B) study of the operation of §5H1.6 (Family Ties and Responsibilities (Policy Statement)) with respect to the loss of caretaking or financial support of minors; and (C) study of whether §1B1.13 (Reduction in Term of Imprisonment Under 18 U.S.C. § 3582(c)(1)(A) (Policy Statement)) effectively encourages the Director of the Bureau of Prisons to file a motion for compassionate release when “extraordinary and compelling reasons” exist.
As the USSC notice highlights, this notice indicates the USSC is "seeking comment on these tentative priorities and on any other issues that interested persons believe the Commission should address during the amendment cycle ending May 1, 2019. To the extent practicable, public comment should include the following: (1) a statement of the issue, including, where appropriate, the scope and manner of study, particular problem areas and possible solutions, and any other matters relevant to a proposed priority; (2) citations to applicable sentencing guidelines, statutes, case law, and constitutional provisions; and (3) a direct and concise statement of why the Commission should make the issue a priority." Public comments "should be received by the Commission on or before August 10, 2018."
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