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January 18, 2019

US Sentencing Commission releases two new documents on FIRST STEP Act

Via email, I was alerted by the US Sentencing Commission to its release of two notable new documents concerning the FIRST STEP Act.  Here is the notice I received and links:

The FIRST STEP Act of 2018 was signed into law on Dec. 21, 2018.  Today the United States Sentencing Commission published two important documents describing the implementation and impact of the new law:·       

Both documents are interesting, and here is how the FAQ gets started:

Question 1

Is the Commission making any changes to the Guidelines in response to the Act?

The Act does not contain any directives to the Commission requiring action.  As it does with all new crime legislation, the Commission will review the Act to determine whether Guideline changes might be necessary or appropriate.  Because the Act did not include “emergency amendment authority,” any changes to the Guidelines in response to the Act may only be made during the Commission’s annual amendment cycle.  (See 28 U.S.C. § 994). 

During the annual amendment cycle, the Commission must publish proposed guideline amendments and solicit public comment.  See 28 U.S.C. § 994(x). In order for an amendment to move forward after that, at least four Commissioners must vote in favor of promulgating the amendment. See 28 U.S.C. § 994(a).  Once at least four Commissioners have voted in favor, the Commission must deliver the promulgated amendment to Congress no later than May 1 for the 180-day congressional review period. See 28 U.S.C. § 994(p).  If Congress takes no action, the amendment can take effect on November 1 of that year.

The Commission has not yet published any proposed amendments responding to the Act.  The Commission currently has two voting members and thus lacks a statutory quorum to promulgate amendments.

January 18, 2019 at 04:56 PM | Permalink

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