US Sentencing Commission provides (not quite complete) "Year in Review"

The US Sentencing Commission sent me email today titled "A Look Ahead + Year in Review."  One email cannot, of course, cover all that the Commission has been doing in an eventful 2023, but I was struck more by what was barely mentioned than by what was included in the USSC's five-point "Year in Review."  Here is what's listed in the email I received:

1. Long-awaited First Step Act implementation and Compassionate Release policy statement update

Equipped with a quorum of Commissioners for the first time since 2018, the bipartisan United States Sentencing Commission voted in April to promulgate amendments to the federal sentencing guidelines, and, in August, authorized delayed retroactive application of parts of one amendment (Amendment 821 relating to criminal history).

2. Launched a new public comment portal

The Commission launched a new Public Comment Portal in January where the public can participate in the amendment process and submit comment online during formal public comment periods.

3. First public hearing witness panel solely comprised of formerly incarcerated individuals 

At its February public hearing on the proposed Compassionate Release amendments, the Commission convened a panel of formerly incarcerated individuals.

4. Updated analysis of oft-cited 2017 Demographic Differences report

In November, the Commission updated its research on demographic differences in federal sentencing finding that — after controlling for available personal and offense characteristics — sentencing differences across demographic groups persisted during the five years following the release of its 2017 Demographic Differences in Sentencing Report.

5. Commission proposed 2024 amendments relating to acquitted conduct and simplification of the current "three-step process"

The Commission proposed a number of possible amendments in November relating to consideration of acquitted conduct under the new Guidelines, expanded consideration of an individual’s youthful age at sentencing, and a proposal that would simplify the current "three-step process" followed by judges at sentencing by effectively removing step two — consideration of departures under the Guidelines Manual.

Though all five of these USSC's developments are certainly noteworthy, I view the most consequential and significant action by the USSC as its intricate amendments to the guidelines' criminal history rules and its decision to make those amendments retroactive. (This action is briefly referenced in item #1, but merits much more attention in my view.)  The USSC's data suggests that perhaps as many as half of all federal defendants sentenced in the future may have their guideline range impacted by these amendments and also that perhaps tens of thousands of current federal prisoners migth be able to get their sentenced reduced as a result of making these amendments retroactive.

I also find it interesting the Commission has flagged here its recent proposal to effectively remove "consideration of departures."  I hope I will get a chance in the coming days to explain why I am not a fan of this proposal, though the closing mention of this proposal has me now wondering if the USSC may already have its mind made up on this front.