USSC proposes priorities and requests public comments

The US Sentencing Commission on its website today posted here its "Federal Register Notice of proposed priorities and request for public comment." The USSC's homepage explains that as "part of its statutory authority and responsibility to analyze sentencing issues, including operation of the federal sentencing guidelines, ... the Commission is seeking comment on possible priority policy issues for the amendment cycle ending May 1, 2006." The USSC's notice says that "public comment should be received on or before August 15, 2005."

The notice details that, for "the amendment cycle ending May 1, 2006, and possibly continuing into the amendment cycle ending May 1, 2007," the Commission has identified seven tentative priorities. Here, in short form, is the listed tentative priorities: (1) implementation of crime legislation enacted by Congress; (2) continuation of its work on appropriate responses to United States v. Booker, including any appropriate guideline changes; (3) continuation of its policy work regarding immigration offenses; (4) continuation of its work on cocaine sentencing policy; (5) review, and possible amendment, of commentary in Chapter Eight (Organizations) regarding waiver of the attorney-client privilege and work product protections; (6) resolution of a number of circuit conflicts; and (7) review and amendment of pertinent guideline provisions to address structural issues regarding the Sentencing Table.

In addition to this list of tentative priorities, the USSC's notice provides instructions for how the public should provide comments and also has this interesting Booker warning:

While the Commission provides this notice to identify tentative priorities, it recognizes that other factors, most notably changes that may be required as a result of United States v. Booker, 543 U.S. ___ (2005); 125 S.Ct. 738 (2005), as well as the enactment of any legislation requiring Commission action, may affect the Commission’s ability to complete work on any or all policy issues by the statutory deadline of May 1, 2006.