US Sentencing Commission adopts a bunch of (large and small) federal sentencing guideline amendments

Late yesterday before I had to jump on an airplane, I watched online this scheduled public meeting of the US Sentencing Commission where a number of new guideline amendments were formally and unanimously passed by the USSC. The hour-long meeting included a few interesting comments by a few participants, and I was particularly struck by the Chair's comments (available here) that one proposed amendment concerning the animal fighting guideline engendered "more pieces of public comment on this amendment than any in the history of the Commission." (This USSC page with public comments includes this entry that reports that an ASPCA Form Letter was submitted by 48,116 citizens on this front that urges the Commission to act to "ensure higher sentences" for federal animal fighting offenses.)

This press release from the USSC provides this summary of the substantive work done by the Commission yesterday afternoon.  Here are excerpts:

The bipartisan United States Sentencing Commission (“Commission”) voted unanimously to amend the federal sentencing guidelines, including significant changes pertaining to immigration policy, compassionate release and animal fighting.

Based on the Commission’s data and public comment, the Commission voted to amend the illegal reentry guidelines. The promulgated amendment modifies the existing guideline by (1) eliminating the “categorical approach,” which has been a source of widespread complaints by judges, the Department of Justice, and others; and (2) recalibrating the guideline to account for prior criminal conduct in a more proportionate manner.  The newly adopted amendment adds a new tiered enhancement specifically aimed at criminal conduct occurring after a defendant reentered the country illegally, including prior illegal reentry offenses. The current base offense level for illegal reentry offenders will remain the same....

The Commission also amended the federal sentencing guidelines for alien smugglers, enhancing penalties for those who smuggle vulnerable unaccompanied minors.  Today’s amendment also makes clear that a four level sentencing enhancement applies for any smuggling case involving sexual abuse.

Separately, in response to Congressional changes to the Animal Welfare Act, the Commission’s own research and analysis, and nearly 50,000 citizen letters, the Commissioners also voted to strengthen the federal sentencing guidelines to better reflect the cruelty and violence associated with animal fighting offenses.  Specifically, the Commission voted to increase the base offense level for animal fighting offenses from a range of 6 to 12 months to a more serious range of 21 to 27 months.  The amendment also establishes a new, corresponding sentencing guideline range for anyone that attends an animal fighting venture with a minor under 16 years old.

In addition, the Commission strengthened and broadened the criteria for compassionate release with several meaningful changes. Congress charged the Commission with issuing policy statements describing what should be considered extraordinary and compelling reasons for a sentencing reduction.  As amended, federal inmates may be eligible for compassionate release based on four categories relating to medical conditions, age, family circumstances, or other extraordinary and compelling reasons.  The Commission’s action encourages the Bureau of Prisons (BOP) to use its current authority if an eligible offender meets any of the circumstances defined by the Commission’s expanded criteria for compassionate release.

In addition, the Commission voted to resolve certain circuit conflicts, in the area of child pornography, as well as to strengthen provisions pertaining to probation and supervised release.  Finally, the Commission took action on necessary conforming, technical changes in response to recently enacted legislation.

A reader-friendly version of these amendments are available at this link, and I hope in some future posts to highlight the part of these amendments likely to be most consequential in the future.