Reports to the Congress
- Report on the Continuing Impact of United States v. Booker on Federal Sentencing (December 2012). This report assesses the continuing impact of United States v. Booker on the federal sentencing system. Part A of the report discusses the history of the federal sentencing guidelines and the sentencing process after Booker. It also provides statistical analyses of federal sentencing data and recommendations for strengthening the federal sentencing guidelines system. Parts B through F and corresponding appendices include more detailed descriptions of appellate court decisions, additional sentencing data, a description of other stakeholders' proposals for sentencing reform, and summaries of relevant public hearings and the Commission's 2010 survey of district judges.
- Report on the Impact of United States v. Booker on Federal Sentencing (March 2006). This report assesses the impact of United States v. Booker on federal sentencing. Explanation of revisions to version released March 13, 2006.
- Report to the Congress: Increased Penalties for Campaign Finance Offenses and Legislative Recommendations (May 2003).This report is submitted pursuant to section 314 of the Bipartisan Campaign Reform Act of 2002, Pub. L. 107-155 (the "Act"). Section 314 required the United States Sentencing Commission (the "Commission") to promulgate a guideline "for penalties for violations of the Federal Election Campaign Act of 1971." The Commission, acting under emergency authority conferred by the Act, promulgated an amendment, effective January 25, 2003, which created an temporary guideline for campaign finance offenses. That guideline was repromulgated without change as a permanent amendment in March 2003 and, subject to congressional review, will become effective on November 1, 2003.
- Report to the Congress: Increased Penalties for Cyber Security Offenses. This report is submitted pursuant to section 225(c) of the Homeland Security Act of 2002, Pub. L. 107-296. (May 2003)
- Report to the Congress - Adequacy of Federal Sentencing Guideline Penalties for Computer Fraud & Vandalism Offenses. This report responds to the Antiterrorism and Effective Death Penalty Act of 1996’s directive to review the deterrent effect of existing guidelines as they apply to various computer crimes. The Commission reviewed its data of guideline convictions under the pertinent statute, conducted a search to determine whether any recidivism had occurred, developed a profile of a “typical offender,” and conducted a literature review of deterrence studies of “white collar” crime.
Corporate Crime and Fraud Topics
- Report to the Congress: Increased Penalties Under the Sarbanes Oxley Act of 2002 (January 2003). This report was submitted to Congress pursuant to section 1104(a)(3) of the Sarbanes-Oxley Act of 2002, Public Law 107-204 .
- Report to the Congress: Telemarketing Fraud Offenses - Explanation of Recent Guideline Amendments (October 1998). As directed in section 6(b) of the Telemarketing Fraud Prevention Act of 1998, Public Law 105-184) the Sentencing Commission submitted to Congress an explanation of guideline amendments promulgated for telemarketing fraud offenses, as well as additional policy recommendations for combatting these offenses.
- Report to Congress: Adequacy of Penalties for Fraud Offenses Involving Elderly Victims (March 1995). This report responds to a congressional directive to review the adequacy of victim-related guideline adjustments for fraud offenses against elderly victims. The report includes: (1) an overview of the legislative history leading to the statutory directive; (2) a discussion of the operation of the relevant sentencing guidelines and policy statements; (3) an examination of case law; (4) an empirical analysis of relevant sentencing data.
- Report to the Congress: Downward Departures from the Federal Sentencing Guidelines (October 2003). This report was submitted in response to section 401(m) of the the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003, Pub. L. No. 108-21.
- Report to the Congress: Amendments to the Federal Sentencing Guidelines in Response to the Emergency Disaster Assistance Fraud Penalty Enhancement Act of 2007. This report responds to the directive in section 5(a) of the Emergency and Disaster Assistance Fraud Penalty Enhancement Act of 2007 (the "Disaster Fraud Act"), Pub. L. No. 110-179, 2008. The report discusses the Disaster Fraud Act, its legislative history and explains the actions taken by the Commission pursuant to the congressional directive.
- Report to the Congress: Cocaine and Federal Sentencing Policy (May 2007). This is the Commission's fourth report to Congress on the subject of federal cocaine sentencing policy. The report updates much of the data and information contained in previous Commission reports and provides recommendations to Congress for modifications to the statutory penalty structure for federal cocaine offenses.
- Report to the Congress - Cocaine and Federal Sentencing Policy (May 2002).
- Report to the Congress: MDMA Drug Offenses, Explanation of Recent Guideline Amendments (May 2001). This report was submitted to Congress pursuant to section 3663(e) of the Ecstasy Anti-Proliferation Act of 2000, Pub. L. No. 106-310.
- Special Report to the Congress: Cocaine and Federal Sentencing Policy (April 29, 1997). This report contains the Commission's recommendations on federal sentencing policy for cocaine offenses. Appended to this report is Vice Chairman Michael Gelacak's Concurring Opinion.
- Special Report to the Congress: Cocaine and Federal Sentencing Policy (February 1995). This report responds to a congressional directive that the Commission examine federal sentencing policy as it relates to powder and crack cocaine. The report examines pharmacology, methods of use, societal impacts, cocaine distribution and marketing, cocaine's relationship to violent crime, the legislative history of cocaine penalties, and constitutional challenges; and data related to federal drug offenses.
Mandatory Minimum Penalties
- Report to the Congress: Mandatory Minimum Penalties in the Federal Criminal Justice System (October 2011). This report assesses the impact of mandatory minimum penalties on federal sentencing, particularly in light of the Supreme Court's decision in Booker v. United States. The United States Sentencing Commission prepared this report pursuant to a congressional directive contained in section 4713 of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009, Pub L. No. 111–84, and the Commission's statutory authority under 28 U.S.C. §§ 994–995.
- Special Report to the Congress: Mandatory Minimum Penalties in the Federal Criminal Justice System (August 1991). This report responds to a statutory directive that the Commission examine the compatibility of the sentencing guidelines and mandatory minimum penalties, the effect of mandatory minimums on the federal system, and congressional alternatives to mandatory minimums for directing sentencing policy.
Money Laundering Topics
- Sentencing Policy for Money Laundering Offenses, including Comments on Department of Justice Report (September 18, 1997). This report responds to a congressional directive to comment on the Department of Justice's report on federal prosecutorial charging and plea practices affecting money laundering offenses.
Sex Offense Topics
- Report to the Congress: Federal Child Pornography Offenses (December 2012). This comprehensive report examines federal sentencing policy in child pornography cases. It focuses primarily on non-production offenses under USSG §2G2.2. One chapter also analyzes production of child pornography offenses under USSG §2G2.1. This report is the result of a multi-year study by the Commission and complements and expands upon the Commission's 2009 report, The History of the Child Pornography Guidelines.
- Report to Congress: Adequacy of Penalties for the Intentional Exposure of Others, through Sexual Activity, to Human Immunodeficiency Virus (March 1995). In this report, the Commission considers whether revisions to the sentencing guidelines were needed to accommodate offenses involving willful exposure to HIV. The report examines (1) the operation of the guidelines given the absence of a specific federal statute punishing the intentional transmission of HIV; (2) cases sentenced in fiscal year 1993 to determine the frequency with which HIV exposure was an issue at sentencing; and (3) pertinent case law.
- Report to Congress: Analysis of Penalties for Federal Rape Cases (March 1995). This report discusses the operation of the sentencing guidelines with regard to federal rape cases, compares federal and state penalties for sexual assault, analyzes Sentencing Commission sexual abuse data, and analyzes public comment and expert opinion on pertinent issues.
- Report to the Congress: Sex Crimes Against Children (June 1996). This report analyzes all 1994 and 1995 cases involving sexual abuse, child pornography, or the promotion of illegal sexual contact. The report responds to a congressional directive in the Sex Crimes Against Children Prevention Act of 1995. Pertinent statutory provisions are analyzed and recommendations are presented.
- Sentencing Commission Letter to the Senate Judiciary Committee Regarding Proposals for Sentencing Reform. In late November, Chair Saris sent a letter to the Senate Judiciary Committee expressing the Commission's unanimous support for specific statutory changes that would reduce prison costs and promote fairness in sentencing.
- Sentencing Commission Statement for the Senate Judiciary Committee's Hearing, "Reevaluating the Effectiveness of Federal Mandatory Minimum Sentences." On September 18, 2013, the Sentencing Commission submitted a statement for the Senate Judiciary Committee hearing titled "Reevaluating the Effectiveness of Federal Mandatory Minimum Sentences."
- Fiscal Year 2012 Buy American Act Report to Congress. On April 1, 2013, the United States Sentencing Commission submitted this report to Congress pursuant to section 606 of the Consolidated Appropriations Act, 2012, Pub. L. No. 112-74.
- Sentencing Commission Letter for the Record Regarding the Senate Judiciary Committee's Hearing, "Rising Prison Costs: Restricting Budgets and Crime Prevention Options." On August 7, 2012, the Sentencing Commission submitted a letter for inclusion in the record of the August 1, 2012, Senate Judiciary Committee's hearing, "Rising Prison Costs: Restricting Budgets and Crime Prevention Options."
- Report to Congress Regarding the Comprehensive Iran Sanctions Accountability and Divestment Act of 2010. On December 14, 2011, the Commission submitted this report to Congress pursuant to a congressional directive in section 107 of the Comprehensive Iran Sanctions Accountability and Divestment Act of 2010, Pub. L. No. 111–195.
- United States Sentencing Commission Report to Congress Regarding Federal Mandatory Minimum Sentencing Penalties. On July 10, 2009, the Sentencing Commission submitted a report on federal mandatory minimum sentencing penalties to the House Judiciary Committee for inclusion in the record of the July 14, 2009, Crime, Terrorism, and Homeland Security Subcommittee Hearing entitled "Mandatory Minimums and Unintended Consequences."
- Sentencing Commission Letter to Congress Regarding H.R. 1528. On April 19, 2005, the Sentencing Commission submitted a letter to the House Judiciary Committee regarding H.R. 1528, the "Defending America's Most Vulnerable: Safe Access to Drug Treatment and Child Protection Act of 2005".
- Sentencing Commission Letter to Congress Regarding Penalties for Cultural Heritage Resource Crimes. On April 3, 2002, the Sentencing Commission submitted a letter to the Senate Committee on the Judiciary regarding Penalties for Cultural Heritage Resource Crimes.