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December 19, 2024
US Sentencing Commission votes on (first?) set of notable "Proposed Amendments to the Sentencing Guidelines (Preliminary)"
As previously noted here, the US Sentencing Commission held a public meeting this afternoon which included unanimous votes to "Publish Proposed Guideline Amendments and Issues for Comment." Interestingly, before the vote on the proposed amendment, the "Report from the Chair" included a statement by USSC Chair Judge Carlton Reeves that there could be additional future proposed amendments coming from the Commission in January related to the drug guidelines and supervised release issues. For this meeting, there were five proposed amendments on the topics of simplification, criminal hisotry, firearm offenses, circuit conflicts and retroactivity. I will update this post when the USSC provides links to its proposals.
UPDATE: Here is the main text of this Commission press release discussing its proposed amendments:
Today the bipartisan United States Sentencing Commission voted unanimously to publish proposed amendments to the federal sentencing guidelines for the amendment cycle ending May 1, 2025 (watch the meeting). These proposals stem from public input the Commission has received in recent years, including more than 1,200 pages of comments on what work the agency should prioritize this amendment cycle. Among today’s proposals are those that would:
- create an alternative to the “categorical approach” used in the career offender guideline to determine whether a conviction qualifies a defendant for enhanced penalties;
- simplify the “three-step” approach that courts currently use when applying the guidelines;
- address the guidelines’ treatment of devices designed to convert firearms into fully automatic weapons;
- add a mens rea requirement to the sentencing enhancement for use of stolen firearms; and
- resolve certain circuit conflicts regarding guideline application.
“We look forward to hearing from the public about these proposals in light of the Commission’s statutory obligation to promote fairness in sentencing, end unwarranted disparities, and ensure sentences reflect the latest data, research, and science,” said Judge Carlton W. Reeves, Chair of the Commission. “Over the next month, the Commission will consider whether to publish additional proposals that reflect the public comment, stakeholder input, and feedback from judges that we have received over the last year -- including at the roundtables we have held in recent months on drug sentencing and supervised release.”
The Commission is seeking comment on these proposals through February 3, 2025 with a reply period closing on February 18, 2025. The public is encouraged to submit comment through the agency’s comment portal available here. A public hearing will be scheduled on these proposals in early 2025. Official text of proposed amendments and issues for comment will also be published in a forthcoming edition of the Federal Register. “We welcome your comments,” said Chair Reeves.
This USSC webpage provides a helpful summary of the coverage of the proposed amendments. The full "reader-friendly" text of these proposals clocks in at 665 pages (thank goodness it did not turn evil with just one more page)!
December 19, 2024 at 02:31 PM | Permalink
Comments
The categorical approach workaround should have happened the moment the Guidelines became advisory in 2005. But better late than never.
Posted by: Da Man | Dec 20, 2024 9:58:01 AM
Also - the Commission should do away with downward departures. Anything that can be the basis for a departure can be a basis for a variance. There is no need for a three-step sentencing process. Calculate the advisory range and lets move on to a discussion of the 3553(a) factors.
Posted by: Da Man | Dec 20, 2024 11:39:32 AM
Including fast-track and substantial assistance, Da Man?
Posted by: Doug B | Dec 20, 2024 11:46:04 AM
Yes - turn them all into policy statements!!!!
Posted by: Da Man | Dec 20, 2024 11:53:55 AM