Federal Register Notice of submission to Congress of amendments to the sentencing guidelines effective November 1, 2009. Pursuant to its authority under 28 U.S.C. § 994(p), on May 1, 2009, the Commission submitted to Congress amendments to the federal sentencing guidelines, policy statements, commentary, and statutory index. The Commission has specified an effective date of November 1, 2009, for the amendments set forth in this notice. This notice sets forth the amendments and the reason for each amendment (74 FR 21749-21761).
"Reader-Friendly" Version of Amendments Submitted to Congress on May 1, 2009 (effective November 1, 2009). This compilation contains unofficial text of amendments submitted to Congress on May 1, 2009, effective November 1, 2009. Official text will appear in an upcoming edition of the Federal Register.
Introduction to the Collection of Individual Offender Data by the United States Sentencing Commission. This report introduces the process the United States Sentencing Commission uses to create its fiscal year individual offender datafiles from documents submitted to the Commission. Issues surrounding the use of differing form types and conflicting information among documents are also addressed. The report is designed to help researchers use the Commission’s datafiles by providing answers to common data analysis questions.
Amendments to the Sentencing Guidelines, Policy Statements, and Official Commentary (May 1, 2009). Pursuant to section 994(p) of title 28, United States Code, the United States Sentencing Commission hereby submits to the Congress the following amendments to the sentencing guidelines and the reasons therefor. As authorized by such section, the Commission specifies an effective date of November 1, 2009, for these amendments.
Testimony Before Senate Judiciary Committee's Crime and Drugs Subcommittee. Prepared Statement of Ricardo H. Hinojosa, Acting Chair, United States Sentencing Commission before the Senate Judiciary Committee's Crime and Drugs Subcommittee - April 29, 2009.
Public Comment on Proposed Amendments to the Sentencing Guidelines. The Commission received comment from the judiciary, the executive branch, members of the defense bar, and interested organizations in response to its request for public comment on proposed amendments to the sentencing guidelines (see 74 FR 4802-4823). The public comment is accessible through this link.
District, State, and Circuit Statistical Packets Released. Each packet contains a set of figures, tables, and charts comparing selected national sentencing data to data from cases sentenced in each judicial district. Data is also aggregated by circuit and by state (for states in which more than one judicial district is located).
Final FY08 Quarterly Sentencing Update. (Published March 24, 2009): An extensive set of tables and charts presenting the final cumulative fiscal year quarterly data on cases sentenced in fiscal year 2008. The report also provides an analysis of sentencing trends over five years for several key sentencing practices.
2008 Annual Report and Sourcebook. The 2008 Annual Report presents
an overview of major Commission activities and accomplishments for fiscal
year 2008. See the Commission's 2008
Sourcebook of Federal Sentencing Statistics for descriptive figures,
tables, and charts, and selected district, circuit, and national sentencing
data.
Impact of Prior Minor Offenses on Eligibility for Safety Valve. This report provides an analysis of the role of convictions for prior minor offenses in the sentences of federal offenders. It examines the extent to which convictions for prior minor offenses may prevent drug trafficking offenders from receiving a sentence below the statutory mandatory minimum punishments for drug trafficking crimes. The publication utilizes data drawn from a large research sample of offenders sentenced in fiscal year 2006.
Fiscal Year 2008 Post-Kimbrough/Gall Data Report. An updated set of tables presenting final data on fiscal year 2008 cases sentenced on or after December 10, 2007 through September 30, 2008. This report was prepared using data received, coded, and edited by the Commission by February 10, 2009.
Alternative Sentencing in the Federal Criminal Justice System. This publication provides an in-depth analysis of alternative sentences for federal offenders. It explains the types of alternative sentences available to sentencing courts under federal law, and the extent to which courts impose those sentences. The publication focuses on those offenders who are eligible for alternative sentences and the demographic and offense characteristics of the offenders who receive these sentences.
"Reader-friendly" version of the Proposed 2009 Guideline Amendments (January 27, 2009). This compilation contains unofficial text of proposed amendments to the sentencing guidelines, policy statements, and commentary, and is provided only for the convenience of the user in the preparation of public comment. Official text of the proposed amendments will appear in the January 27, 2009, edition of the Federal Register.
Federal Register notice of proposed amendments to sentencing guidelines, policy statements, and commentary, request for public comment, and notice of public hearing. Written public comment should be received not later than March 30, 2009 (74 FR 4802-4823).
Federal Register notice of period during which individuals may apply to be appointed to the voting membership of the Practitioners Advisory Group; request for applications. Applications should be received by the Commission not later than March 30, 2009 (74 FR 4802).
Overview of Federal Criminal Cases, Fiscal Year 2007. (December 2008) This publication provides a broad overview of federal sentencing data for fiscal year 2007. Readers will find this publication to be a brief, easy-to-use reference on the types of criminal cases handled by the federal courts and the punishments imposed on the offenders convicted in those cases.
Changing Face of Federal Criminal Sentencing: Seventeen Years of Growth in the Federal Sentencing Caseload. (December 2008) This publication provides an overview of the number and types of offenses tried in the federal courts and the people who commit them. It examines the growth in the federal criminal case load over a 17-year period, and the changing trends in the types of crime committed and the demographic characteristics of the offenders who commit these crimes. The publication reviews data reported to the United States Sentencing Commission for fiscal year 1991 through fiscal year 2007.
Report on Federal Escape Offenses in Fiscal Years 2006 and 2007. In response to a suggestion in a decision by the United States Court of Appeals for the Seventh Circuit, United States v. Chambers, 473 F.3d 724 (7th Cir. 2007), cert. granted, __ U.S. __ , 128 S. Ct. 2046 (2008), the United States Sentencing Commission undertook a data analysis of federal escape cases to inform the legal question of whether the crime of escape qualifies as a "violent felony" for purposes of 18 U.S.C. § 924(e), the Armed Career Criminal Act (the “ACCA”). This report summarizes the legal question at issue and describes the methodology and results of the analysis undertaken by the Commission.
The Federal Sentencing Guidelines Manual and Appendices (2008). This edition of the Guidelines Manual incorporates guideline and policy statement amendments effective November 1, 2008, and earlier.
Proceedings from the Symposium on Alternatives to Incarceration. On July 14-15, 2008, the United States Sentencing Commission held a national symposium on alternatives to incarceration in Washington, D.C. The purposes of this symposium were to gather information regarding the use of alternatives to incarceration and to provide a forum for idea-sharing concerning possible implementation of non-incarceration sanctions in the federal system.
Federal Register Notice of Final Priorities. In August 2008, the Commission published a notice of possible policy priorities
for the amendment cycle ending May 1, 2009. See 72 FR 46341 (August 8, 2008). After
reviewing public comment received pursuant to the notice of proposed priorities, the
Commission has identified its policy priorities for the upcoming amendment cycle and hereby
gives notice of these policy priorities (73 FR 54878).
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.
Federal Register notice of final action regarding technical and conforming amendments to federal sentencing guidelines effective November 1, 2008. On May 1, 2008, the Commission submitted to Congress amendments to the federal sentencing guidelines and published these amendments in the Federal Register on May 9, 2008. See 73 FR 26924. The Commission has made technical and conforming amendments, set forth in this notice, to commentary provisions related to those amendments (73 FR 52895).
Federal Register Notice of Proposed Priorities and Request for Public Comment. As part of its statutory authority and responsibility to analyze sentencing issues, including operation of the federal sentencing guidelines, and in accordance with Rule 5.2 of its Rules of Practice and Procedure, the Commission is seeking comment on possible priority policy issues for the amendment cycle ending May 1, 2009. Public comment should be received on or before September 8, 2008 (73 FR 46341).
Federal Register Notice of submission to Congress of amendments to the sentencing guidelines effective November 1, 2008. Pursuant to its authority under 28 U.S.C. § 994(p), on May 1, 2008, the Commission submitted to Congress amendments to the federal sentencing guidelines, policy statements, commentary, and statutory index. The Commission has specified an effective date of November 1, 2008, for the amendments set forth in this notice. This notice sets forth the amendments and the reason for each amendment (73 FR 26923-26936).
"Reader-Friendly" Version of Amendments on Crack Cocaine and Retroactivity (effective May 1, 2008) and Amendments Submitted to Congress on May 1, 2008 (effective November 1, 2008). This compilation contains unofficial text of (A) amendments effective May 1, 2008, and (B) amendments submitted to Congress on May 1, 2008, effective November 1, 2008. Official text of Part A can be found in the Federal Register at 73 FR 23521, and official text of Part B will appear in an upcoming edition of the Federal Register.
Amendments to the Sentencing Guidelines, Policy Statements, and Official Commentary (May 1, 2008). Pursuant to section 994(p) of title 28, United States Code, the United States Sentencing Commission hereby submits to the Congress the following amendments to the sentencing guidelines and the reasons therefor. As authorized by such section, the Commission specifies an effective date of November 1, 2008, for these amendments.
Supplement to the 2007 Guidelines Manual (Effective May 1, 2008). This supplement incorporates the following: (1) the emergency amendments to §2B1.1 (Larceny, Embezzlement, and Other Forms of Theft; Offenses Involving Stolen Property; Property Damage or Destruction; Fraud and Deceit; Forgery; Offenses Involving Altered or Counterfeit Instruments Other than Counterfeit Bearer Obligations of the United States) and Appendix A (Statutory Index), effective February 6, 2008; (2) the amendments to §1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)), effective March 3, 2008, and May 1, 2008; and (3) the amendment to the commentary to §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy), effective May 1, 2008. This document supercedes the March 3, 2008 Supplement to the 2007 Guidelines Manual, and, when used in conjunction with the 2007 Guidelines Manual (blue with white lettering), constitutes the operative Guidelines Manual effective May 1, 2008.
District, State, and Circuit Statistical Packets Released. Each packet contains a set of figures, tables, and charts comparing selected national sentencing data to data from cases sentenced in each judicial district. Data is also aggregated by circuit and by state (for states in which is located more than one judicial district).
Federal Register notice of final action regarding amendments to a policy statement and commentary effective May 1, 2008. The Sentencing Commission hereby gives notice of amendments to the commentary to §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy) and to policy statement §1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)) made pursuant to its authority under 28 U.S.C. § 994(a), (o), and (u). The Commission has specified an effective date of May 1, 2008 for the amendments set forth in this notice (73 FR 23521).
"Reader-Friendly" Version of Amendments on Crack Cocaine and Retroactivity Effective May 1, 2008. On April 16, 2008, the Commission voted to amend the commentary to §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy) to revise the manner in which combined offense levels are determined in cases involving cocaine base ("crack cocaine") and one or more other controlled substance. The Commission also voted to amend §1B1.10 [Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)] to provide retroactive effect to the amendment to §2D1.1. A reader-friendly version of these amendments is accessible through this link. Official text of the amendments will be posted on the Commission's website at www.ussc.gov and incorporated into a forthcoming supplement to the Guidelines Manual.
These amendments take effect May 1, 2008. Until that date, the court should apply §2D1.1 as set forth in the 2007 Guidelines Manual, and §1B1.10 as set forth in the Supplement to the 2007 Guidelines Manual effective March 3, 2008.
Public Comment on Proposed Amendments to the Sentencing Guidelines. The Commission received comment from the judiciary, the executive branch, members of the defense bar, and interested organizations in response to its request for public comment on proposed amendments to the sentencing guidelines (see 73 FR 4931). The public comment is accessible through this link.
Final FY07 Quarterly Sentencing Update. An extensive set of tables and charts presenting the final cumulative fiscal year quarterly data on cases sentenced in fiscal year 2007. The report also provides an analysis of sentencing trends over five years for several key sentencing practices. (Published March 19, 2008)
2007 Annual Report and Sourcebook. The 2007 Annual Report presents
an overview of major Commission activities and accomplishments for fiscal
year 2007. See the Commission's 2007
Sourcebook of Federal Sentencing Statistics for descriptive figures,
tables, and charts, and selected district, circuit, and national sentencing
data.
CLC/USSC Joint Memorandum to the Federal Judiciary (February 20, 2008). CLC/USSC Joint Memorandum to the Federal Judiciary from the respective Chairs of the Criminal Law Committee of the Judicial Conference and the United States Sentencing Commission Regarding Order Form (AO 247) for Use in Sentencing Modifications of Cocaine Base ("Crack Cocaine") Offenses, Pursuant to 18 U.S.C. § 3582(c)(2).
Testimony Before Senate Judiciary Committee's Crime and Drugs Subcommittee. Prepared Statement of Ricardo H. Hinojosa, Chair, United States Sentencing Commission before the Senate Judiciary Committee's Crime and Drugs Subcommittee - February 12, 2008.
Supplement to the 2007 Guidelines Manual (March 3, 2008). This supplement incorporates amendments to §1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)), effective March 3, 2008; and emergency guideline amendments to §2B1.1 (Larceny, Embezzlement, and Other Forms of Theft; Offenses Involving Stolen Property; Property Damage or Destruction; Fraud and Deceit; Forgery; Offenses Involving Altered or Counterfeit Instruments Other than Counterfeit Bearer Obligations of the United States) and Appendix A (Statutory Index), effective February 6, 2008. Upon their respective effective dates, the amended guideline and policy statement, as set forth in the enclosed document, will supercede the versions of §§1B1.10 and 2B1.1 set forth in the 2007 Guidelines Manual (blue with white lettering), and together with the rest of the 2007 Guidelines Manual, will constitute the operative Guidelines Manual.
"Reader-friendly" version of the Proposed 2008 Guideline Amendments (January 24, 2008). This compilation contains unofficial text of proposed amendments to the sentencing guidelines, policy statements, and commentary, and to the Commission’s Rules of Practice and Procedure, and is provided only for the convenience of the user in the preparation of public comment.
Official text of the proposed amendments, which will appear in the January 28, 2008, edition of the Federal Register, can be found in the following documents:
Federal Register Notice of proposed amendments to sentencing guidelines, policy statements, and commentary, request for public comment, and notice of public hearing. Pursuant to section 994(a), (o), and (p) of title 28, United States Code, the United States Sentencing Commission is considering promulgating certain amendments to the sentencing guidelines, policy statements, and commentary. This notice sets forth the proposed amendments, a synopsis of each amendment, and various issues for comment. The Commission hereby also provides notice of a public hearing which is tentatively scheduled for 9:30 a.m., Thursday, March 13, 2008, in the Mecham Conference Center, Thurgood Marshall Federal Judiciary Building, Washington, D.C. Written public comment regarding the proposed amendments and issues for comment set forth in this notice, including public comment regarding retroactive application of any of the proposed amendments, should be received by the Commission not later than March 28, 2008. (73 FR 4931-4939)
Federal Register Notice of proposed amendments to the Sentencing Commission’s Rules of Practice and Procedure. Request for public comment. Section 995(a)(1) of title 28, United States Code, authorizes the Commission to establish general policies and promulgate rules and regulations as necessary for the Commission to carry out the purposes of the Sentencing Reform Act of 1984. This notice sets forth proposed amendments to the Commission’s Rules of Practice and Procedure pertaining to retroactivity consideration and a related issue for comment. Written public comment on these proposed amendments and issue for comment should be received on or before March 28, 2008. (73 FR 4939-4940)
Federal Register Notice of a temporary, Emergency Amendment to Sentencing Guidelines and commentary, effective February 6, 2008. The Commission hereby gives notice of a temporary, emergency amendment to the sentencing guidelines and commentary, made pursuant to section 5(c) of the Emergency and Disaster Assistance Fraud Penalty Enhancement Act of 2007, Pub. L. 110-179. This notice sets forth the temporary, emergency amendment and the reason for amendment. The Commission has specified an effective date of February 6, 2008, for the emergency amendment, which will be incorporated into a forthcoming supplement to the Guidelines Manual. (73 FR 3504-3505)
Federal Register Notice of Final Action Regarding Amendments on Retroactivity, Effective March 3, 2008. The Commission hereby gives notice of amendments to a policy statement and commentary made pursuant to its authority under 28 U.S.C. § 994(a) and (u). (73 FR 217-220) On December 11, 2007, the Commission promulgated an amendment to policy statement §1B1.10 [Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)] clarifying when, and to what extent, a sentencing reduction is considered consistent with the policy statement and therefore authorized under 18 U.S.C. § 3582(c)(2).
On December 11, 2007, the Commission also promulgated an amendment to policy statement §1B1.10 that designates Amendment 706, as amended by Amendment 711, (pertaining to to crack cocaine offenses) for inclusion in subsection (c) as an amendment that may be applied retroactively.
The reader-friendly text of the two amendments to policy statement §1B1.10 in this Federal Register Notice of Final Action is posted on the Commission's website at http://www.ussc.gov/2007guid/030308rf.pdf.
"Reader-Friendly" Version of Amendments on Retroactivity Effective March 3, 2008. On December 11, 2007, the Commission voted to give retroactive effect to the recent crack cocaine amendment and adopted other modifications to the policy statement covering retroactivity. This reader-friendly text combines the text of the two amendments to policy statement §1B1.10 [Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)] and shows §1B1.10 as it will appear in a forthcoming supplement to the Guidelines Manual. Official text of the amendments will be posted on the Commission’s website at www.ussc.gov and can be found in a forthcoming edition of the Federal Register.
Guideline Amendments Promulgated During 2006-2007 Amendment Cycle Become Effective. As of today, November 1, 2007, the amendments promulgated by the Commission and submitted to Congress on May 1, 2007, are effective. Accordingly, the following documents available elsewhere on the Commission's website are compiled here for convenience:
The Federal Sentencing Guidelines Manual and Appendices (2007). This edition of the Guidelines Manual incorporates guideline and policy statement amendments effective November 1, 2007, and earlier.
"Reader Friendly" Version of the 2007 Amendments to the Sentencing Guidelines Submitted to Congress on May 1, 2007. This compilation contains unofficial text of amendments to the sentencing guidelines and is provided only for the convenience of the user.
Federal Register Notice of Final Action regarding Technical and Conforming Amendments to Federal Sentencing Guidelines Effective November 1, 2007. This Federal Register notice provides technical and conforming amendments promulgated by the Commission on August 29, 2007, to commentary provisions relating to amendments submitted to Congress on May 1, 2007. These amendments make technical and conforming changes to, among other amendments, the crack cocaine amendment and become effective November 1, 2007.
Analysis of the Impact of the Crack Cocaine Amendment If Made Retroactive. This document provides a Commission staff analysis of the impact of the crack cocaine amendment (Amendment 9) submitted to Congress on May 1, 2007, if the Commission were to add the amendment to subsection (c) of §1B1.10 (Reduction in Term of Imprisonment as a Result of Amendment Guideline Range (Policy Statement)) as an amendment that may be applied retroactively to previously sentenced defendants.
Federal Register Notice of Extension of the Deadline for Public Comment Regarding Retroactivity. The Commission is issuing this notice to advise the public that the period for public comment regarding retroactivity of Amendment 9, which pertains to offenses involving cocaine base (''crack''), or Amendment 12, which pertains to certain criminal history rules, has been extended to November 1, 2007. The deadline was initially October 1, 2007. (72 FR 54960-54961)
Federal Register Notice of Extension of the Deadline for Application to the Victims Advisory Group. The United States Sentencing Commission is issuing this notice to advise the public that the application period for membership in the Victims Advisory Group has been extended to November 13, 2007. The deadline was originally July 30, 2007. (72 FR 51883-51884)
Federal Register Notice of Final Priorities. In July 2007, the Commission published a notice of possible policy priorities for the amendment cycle ending May 1, 2008. See 72 FR 41795 (July 31, 2007). After reviewing public comment received pursuant to the notice of proposed priorities, the
Commission has identified its policy priorities for the upcoming amendment cycle and hereby
gives notice of these policy priorities. (72 FR 51884)
Federal Register Notice of final action regarding technical and conforming amendments to federal sentencing guidelines effective November 1, 2007. On May 1, 2007, the Commission submitted to Congress amendments to the
federal sentencing guidelines and published these amendments in the Federal Register on
May 21, 2007. See 72 FR 28558. The Commission has made technical and conforming amendments, set forth in this notice, to commentary provisions related to those amendments. (72 FR 51882-51883)
Federal Register Notice. Federal Register Notice of Proposed Priorities and Request for Public Comment (submitted July 27, 2007). As part of its statutory authority and responsibility to analyze sentencing issues, including operation of the federal sentencing guidelines, and in accordance with Rule 5.2 of its Rules of Practice and Procedure, the Commission is seeking comment on possible priority policy issues for the amendment cycle ending May 1, 2008. Public comment should be received on or before August 23, 2007. (72FR41795-41796)
Federal Register Notice. Federal Register Notice (submitted July 27, 2007). Request for public comment regarding retroactive application of amendments pertaining to cocaine base (crack) and to criminal history. Public comment should be received on or before October 1, 2007 (72FR41794-41795)
House Judiciary Committee Subcommittee on Crime, Terrorism, and Homeland Security Testimony. Prepared Statement of Ricardo H. Hinojosa Chair, United States Sentencing Commission before the House Judiciary Committee Subcommittee on Crime, Terrorism, and Homeland Security - June 26, 2007.
Federal Register Notice. Request for public comment on the membership of a standing victims advisory group; requests to be considered for initial membership; and proposed amendment to the Sentencing Commission’s Rules of Practice and Procedure. Requests to be considered for the initial membership of the victims advisory group must be received by the Commission not later than July 30, 2007. ( 72 FR 33798-33799)
Supplement to the 2006 Guidelines Manual. This supplement incorporates the emergency guideline amendments to 2H3.1 and Appendix A. Effective May 1, 2007.
Report to Congress - Federal Cocaine Sentencing Policy. 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. (May 2007)
Guidelines - USSC Newletter. The Spring 2007 edition of the United States Sentencing Commission periodic newsletter is now available.
Federal Register Notice of submission to Congress of amendments to the sentencing guidelines effective November 1, 2007. Pursuant to its authority under 28 U.S.C. § 994(p), the Commission has promulgated amendments to the sentencing guidelines, policy statements, commentary, and statutory index. This notice sets forth the amendments and the reason for each amendment. The Commission has specified an effective date of November 1, 2007, for the amendments set forth in this notice. (FR 28558-28577)
"Reader Friendly" Version of the 2007 Amendments to the Sentencing Guidelines Submitted to Congress on May 1, 2007. This compilation contains unofficial text of amendments to the sentencing guidelines and is provided only for the convenience of the user. Official text of the amendments can be found in a forthcoming edition of the Federal Register.
Amendments to the Sentencing Guidelines, Policy Statements, and Official Commentary (May 1, 2007). Pursuant to section 994(p) of title 28, United States Code, the United States Sentencing Commission hereby submits to the Congress the following amendments to the sentencing guidelines and the reasons therefor. As authorized by such section, the Commission specifies an effective date of November 1, 2007, for these amendments. (.PDF)
Federal Register notice of a temporary, emergency amendment to sentencing guidelines, policy statements, and commentary. Pursuant to section 4 of the Telephone Records and Privacy Protection Act of 2006 (the "Telephone Act"), Pub. L. 109-476, the Commission hereby gives notice of a temporary, emergency amendment to the sentencing guidelines, policy statements, and commentary. This notice sets forth the temporary, emergency amendment and the reason for amendment (72 FR 20576-20577).
Final FY06 Quarterly Sentencing Update. (Published March 16, 2007): An extensive set of tables and charts presenting the final cumulative fiscal year quarterly data on cases sentenced in fiscal year 2006.
2006 Annual Report and Sourcebook. The 2006 Annual Report presents
an overview of major Commission activities and accomplishments for fiscal
year 2006. See the Commission's 2006
Sourcebook of Federal Sentencing Statistics for descriptive figures,
tables, and charts, and selected district, circuit, and national sentencing
data.
"Reader Friendly" Version of the 2007 Proposed Amendments to the Sentencing Guidelines, Policy Statements, and Official Commentary. This compilation contains unofficial text of amendments to the sentencing guidelines and is provided only for the convenience of the user. Official text of the amendments can be found in the January 30, 2007, edition of the Federal Register (72 FR 4372).
Federal Register notice of proposed amendments to sentencing guidelines, policy statements, and commentary. Request for public comment, including public comment regarding retroactive application of any of the proposed amendments. Notice of public hearing. Pursuant to section 994(a), (o), and (p) of title 28, United States Code, the United States Sentencing Commission is considering promulgating certain amendments to the sentencing guidelines, policy statements, and commentary. This notice sets forth the proposed amendments and, for each proposed amendment, a synopsis of the issues addressed by that amendment. This notice also provides multiple issues for comment, some of which are contained within proposed amendments. Written public comment regarding the proposed amendments and issues for comment set forth in this notice, including public comment regarding retroactive application of any of the proposed amendments, should be received by the Commission not later than March 30, 2007. (72 FR 4372-4398).
Amicus Curiae Brief Filed by the United States Sentencing Commission. Amicus Curiae Brief Filed by the United States Sentencing Commission. On January 22, 2007, the United States Sentencing Commission filed an amicus curiae brief with the Supreme Court of the United States in Support of the United States in Claiborne v. United States and Rita v. United States. The brief addressed the question of whether a district court's application of the Sentencing Guidelines produces a presumptively reasonable sentence.
Federal Sentencing Guidelines Manual and Appendices (2006). This manual
contains the federal sentencing guidelines and policy statements effective
November 1, 2006.
Federal Register notice of final action regarding amendments to federal sentencing guidelines effective November 1, 2006; correction. On May 1, 2006, the Commission submitted to Congress amendments to the federal sentencing guidelines and published these amendments in the Federal Register on May 15, 2006. See 71 FR 28063. The Commission has made technical and conforming amendments to commentary provisions related to those amendments and has made a correction to the amendatory language of one amendment. (.PDF) (71 FR 56577)
Federal Register notice of final priorities. In August 2006, the Commission published a notice of possible policy priorities for the amendment cycle ending May 1, 2007. See 77 FR 44344 (August 4, 2006). After reviewing public comment received pursuant to the notice of proposed priorities, the Commission has identified its policy priorities for the upcoming amendment cycle and hereby gives notice of these policy priorities. (.PDF) (71 FR 56578)
Federal Register Notice of a temporary, emergency amendment to sentencing guidelines, policy statements, and commentary (effective September 12, 2006). Pursuant to section 1(c) of the Stop Counterfeiting in Manufactured Goods Act, Pub. L. 109-181, the Commission hereby gives notice of a temporary, emergency amendment to the sentencing guidelines, policy statements, and commentary. This notice sets forth the temporary, emergency amendment and the reason for amendment. (71 FR 53736-53737)
Emergency Amendment to the Sentencing Guidelines (effective September 12, 2006). Synopsis and text of the emergency amendment to the guidelines promulgated in response to the Stop Counterfeiting in Manufactured Goods Act.
Federal Sentencing Statistics by State, District, and Circuit. The Federal Statistical Information Packets by State, District, and Circuit for the 2004 and 2005 fiscal years.
CLC/USSC Joint Memorandum To The Federal Judiciary (June 9, 2006). Joint memorandum to the federal judiciary from the respective Chairs of the Sentencing Commission and the Criminal Law Committee of the Judicial Conference of the United States regarding the statutory requirement to use the Statement of Reasons Form in judgment in a criminal case. (.PDF)
Federal Register Notice of Proposed Priorities and Request for Public Comment. Federal Register Notice (August 1, 2006) As part of its statutory authority and responsibility to analyze sentencing issues, including operation of the federal sentencing guidelines, and in accordance with Rule 5.2 of its Rules of Practice and Procedure, the Commission is seeking comment on possible priority policy issues for the amendment cycle ending May 1, 2007. Public comment should be received on or before September 1, 2006. ( 71 FR 44344-44345)
Amendments to the Sentencing Guidelines (May 18, 2006). This compilation contains unofficial text of amendments to the sentencing guidelines and is provided only for the convenience of the user. Official text of the amendments can be found on the Commission’s website and in the May 15, 2006, edition of the Federal Register (71 FR 28063). (.PDF)
Federal Register notice of request for comment. The Commission requests public comment pertaining to an amendment submitted to the Congress on May 1, 2006, that creates a policy statement governing a reduction in term of imprisonment as a result of a motion by the Director of the Bureau of Prisons. Written public comment regarding the issue for comment set forth in this notice should be received by the Commission not later than July 14, 2006. (71 FR 28062-28063) (.PDF)
Federal Register notice of submission to Congress of amendments to the sentencing guidelines effective November 1, 2006. Pursuant to its authority under 28 U.S.C. § 994(p), the Commission has promulgated amendments to the sentencing guidelines, policy statements, commentary, and statutory index. This notice sets forth the amendments and the reason for each amendment. (71 FR 28063-28073) (.PDF)
Amendments to the Sentencing Guidelines, Policy Statements, and Official Commentary (May 1, 2006). Pursuant to section 994(p) of title 28, United States Code, the United States Sentencing Commission hereby submits to the Congress the following amendments to the sentencing guidelines and the reasons therefor. As authorized by such section, the Commission specifies an effective date of November 1, 2006, for these amendments. (.PDF)
Intellectual Property Amendments: 2006 Policy Development Team Report (May 2006). This Report focuses on the Family Entertainment and Copyright Act (the “Act”), the Intellectual Property Protection and Court Amendment Act of 2005 (“IPPCA Act”), and the CAN-SPAM Act, 15 U.S.C. § 7704. The Commission acted upon directives in the Act by amending, pursuant to emergency authority, the intellectual property guideline, USSG §2B5.3, effective October 24, 2005, and recently voted to promulgate that amendment as a permanent amendment. The Commission also promulgated guideline amendments to follow from the IPPCA Act and the CAN-SPAM Act. (.PDF)
Supplement to the 2005 Guidelines Manual. In response to congressional directives, the Commission has promulgated a temporary, emergency amendment to §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy). The Commission has established an effective date of March 27, 2006, for this amendment.
The amended guideline, as set forth in the Supplement, supercedes the current §2D1.1 that is set forth in the 2005 Guidelines Manual (white cover with burnt orange lettering), and together with the rest of the 2005 Guidelines Manual, will constitute the operative Guidelines Manual effective March 27, 2006. (.PDF)
Federal Register Notice of temporary, emergency amendment to sentencing guidelines, policy statements, and commentary. Pursuant to the Anabolic Steroid Control Act of 2004, Pub. L. 108-358 (the "ASC Act") and the United States Parole Commission Extension and Sentencing Commission Authority Act of 2005, Pub. L. 109-76, the Commission hereby gives notice of a temporary, emergency amendment to the sentencing guidelines, policy statements, and commentary. This notice sets forth the temporary, emergency amendment and the reason for the amendment. The Commission has specified an effective date of March 27, 2006, for the emergency amendment set forth in this notice. (71 FR 15795 - 15796)
2006 Steroids Report (March 2006). Prepared by the Steroids Working Group of the United States Sentencing Commission, this report sets forth legislative and guideline history pertaining to steroids offenses, discusses the Commission’s response to legislation, and updates the findings in the Commission’s 1990 Steroids Report. (.PDF)
Final Report on the Impact of
United States v. Booker
on Federal Sentencing. This final report assesses the impact of United States v. Booker on federal sentencing. March 2006. (PDF). Explanation of revisions to version released March 13, 2006.
Prepared Testimony of Judge Ricardo H. Hinojosa Chair. United States Sentencing Commission before the Subcommittee on Crime, Terrorism, and Homeland Security Committee on the Judiciary, United States House of Representatives - March 16, 2006.
Federal Register Notice of proposed amendments; request for public comment; notice of public hearings. (71 FR 4782-4804) Public comment regarding the proposed amendments and issues for comment should be received by the United States Sentencing Commission, One Columbus Circle, NE, Suite 2-500, Washington, DC 20002-8002, not later than March 28, 2006, with the exception of comment on a proposed temporary, emergency amendment on guidelines covering steroid offenses that is due February 27, 2006. (.PDF)
"Reader-friendly" version of the Proposed 2006 Guideline
Amendments. This compilation contains unofficial text of proposed amendments
to the sentencing guidelines and is provided only for the convenience of
the user in the preparation of public comment. Official text of the proposed
amendments will appear in the January 27, 2006, Federal Register. (.PDF)
Interim Staff Report on Immigration and the Federal Sentencing Guidelines. This interim staff report outlines certain issues arising out of the Commission's work on immigration offenses. January 2006 (.PDF)
Federal Register Notice of temporary, emergency amendments
to sentencing guidelines, policy statements, and commentary. The Commission
has specified an effective date of October 24, 2005, for the emergency amendments.
(70 FR 61489-61490)
Federal Register Notice of final action regarding amendments
to federal sentencing guidelines effective November 1, 2005. (70 FR 56765)
Federal Register Notice of Final Priorities. In June 2005, the Commission published a notice of possible
policy priorities for the amendment cycle ending May 1, 2006. See 70 FR 37145
(June 28, 2005). After reviewing public comment received pursuant to the
notice of proposed priorities, the Commission has identified its policy priorities
for the upcoming amendment cycle and hereby gives notice of these policy
priorities. (70 FR 51398-51399)
Federal Register Notice of proposed priorities and request
for public comment. As part of its statutory authority and responsibility to analyze
sentencing issues, including operation of the federal sentencing guidelines,
and in accordance with Rule 5.2 of its Rules of Practice and Procedure, the
Commission is seeking comment on possible priority policy issues for the
amendment cycle ending May 1, 2006. Public comment should be received on
or before August 15, 2005. (70 FR 37145-37146)
Federal Register Notice of submission to Congress of amendments
to the sentencing guidelines effective November 1, 2005. Pursuant to its
authority under 28 U.S.C. 994(p), the Commission has promulgated amendments
to the sentencing guidelines, policy statements, commentary, and statutory
index. This notice sets forth the amendments and the reason for each amendment.
The Commission has specified an effective date of November 1, 2005, for the
amendments set forth in this notice. (70 FR 24852-24856)
Amendments to the Sentencing Guidelines, Policy Statements,
and Official Commentary. (April 29, 2005). Pursuant to section 994(p) of title 28, United
States Code, the United States Sentencing Commission submitted to the Congress
these amendments to the sentencing guidelines and the reasons for the amendments.
(PDF)
Sentencing Commission Submits 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".
CLC/USSC Joint Memorandum To The Federal Judiciary. Joint memorandum to all judges from the respective Chairs of
the Sentencing Commission and the Criminal Law Committee of the Judicial
Conference of the United States emphasizing the importance of continuing
to submit sentencing documents to the Sentencing Commission.
Federal
Register notice of proposed amendments to sentencing
guidelines, policy statements, and commentary. Request for public comment,
including public comment regarding retroactive application of any of the
proposed amendments. Notice of public hearing. (70 FR 8868-8872) (Important
dates: Written public comment regarding the proposed amendments and issues
for comment set forth in this notice should be received by the Commission
not later than March 25, 2005. The Commission has scheduled a public hearing
on its proposed amendments for April 12, 2005, at the Thurgood Marshall
Federal Judiciary Building, One Columbus Circle, N.E. Washington, D.C.
20002-8002. A person who desires to testify at the public hearing should
notify Michael Courlander, Public Affairs Officer, at (202) 502-4590, not
later than March 10, 2005. Written testimony for the public hearing must
be received by the Commission not later than March 28, 2005.)
United
States v. Booker and United States v. Fanfan, _______
U.S. _______ (January 12, 2005): The U.S. Supreme Court's ruling regarding
the application of the Blakely v. Washington holding to the federal system
can found here.
Fifteen
Years of Guidelines Sentencing: An Assessment of
How Well the Federal Criminal Justice System Is Achieving the Goals of
Sentencing Reform - This study is a comprehensive review of the research
literature and sentencing data to assess how well the guidelines have achieved
the goals for sentencing reform established by Congress in the Sentencing
Reform Act of 1984. These goals include increased certainty and transparency
of sentences, increased severity of sentences for certain types of serious
crimes, and reduced sentencing disparity, including racial and ethnic disparity.
Federal
Sentencing Guidelines Manual and Appendices (2004)
- This manual contains the federal sentencing guidelines and policy statements
effective November 1, 2004.
Federal
Register Notice of Final Priorities - After reviewing
public comment received pursuant to the notice of proposed priorities, the
Commission has identified its policy priorities for the upcoming amendment
cycle and hereby gives notice of these policy priorities. (Published September
1, 2004, in the Federal Register (69 FR 53482-53483))
Federal Register
Notice of proposed priorities and request for public comment. As part of
its statutory authority and responsibility to analyze sentencing issues,
including operation of the federal sentencing guidelines, and in accordance
with Rule 5.2 of its Rules of Practice and Procedure, the Commission is seeking
comment on possible priority policy issues for the amendment cycle ending
May 1, 2005. Public comment should be received on or before August 5, 2004.
(Published June 28, 2004, in the Federal Register) (69 FR 36148-36149)
2002 Annual Report and Sourcebook of Federal Sentencing
Statistics - The 2002 Annual Report presents
an overview of major Commission activities and accomplishments for fiscal
year 2002. See the Commission's 2002 Sourcebook
of Federal Sentencing Statistics for descriptive figures, tables, and
charts, and selected district, circuit, and national sentencing data.
Measuring
Recidivism: The Criminal History Computation of the Federal
Sentencing Guidelines. The first release in the Research Series on the
Recidivism of Federal Offenders, this report examines in detail the predictive
statistical power of the Chapter Four Criminal History guidelines. The
study uses pre-conviction and instant offense information for a sample
of guideline federal offenders sentenced in fiscal year 1992, matched with
their post-sentencing criminal behavior collected from FBI records. Both
tabular and statistical models of recidivism outcomes report findings by
criminal history category and point groupings, as well as by offender demographics,
instant offense characteristics, and recidivating offense types.
Recidivism
and the "First Offender". This second
release in the Research Series on the Recidivism of Federal Offenders provides
an empirical foundation for the Commission’s
study of recidivism rates among federal offenders with little or no criminal
history prior to the federal instant offense. Using definitional frameworks
established in several earlier Commission staff working group studies on “first
offenders,” the data documents recidivism risk for three plausible
first offender groupings. The analysis reports that recidivism risk is lowest
for those offenders with least experience in the criminal justice system.
Federal Register Notice of submission to Congress of amendments
to the sentencing guidelines effective November 1, 2004.(Published May
19, 2004 in the Federal Register) (69 FR 28994-29028)
"Reader-friendly" version
of the 2004 Guideline Amendments Sent to Congress. This compilation
contains unofficial text of amendments to the sentencing guidelines submitted
to Congress on April 30, 2004, and is provided only for the convenience
of the user. Official text of these amendments is available on the Commission’s
web site and will be published in a future edition of the Federal Register.
(.PDF format)
Amendments to the Sentencing
Guidelines, Policy Statements, and Official Commentary. (May 1, 2004).
Pursuant to section 994(p) of title 28, United States Code, the United
States Sentencing Commission submitted to the Congress these amendments
to the sentencing guidelines and the reasons for the amendments. (PDF)
Proposed
2004 Guideline Amendments. "Reader-friendly" version
of the Proposed 2004 Guideline Amendments (.PDF format) This compilation
contains unofficial text of proposed amendments to the sentencing guidelines
and is provided only for the convenience of the user in the preparation
of public comment. Official text of the proposed amendments can be found
in the December 30, 2003 Federal Register (68 Fed. Reg. 75339) and in
the edition of the Federal Register that will be published on January
14, 2004.
Federal Register Notice of
proposed amendments to sentencing
guidelines, policy statements, and commentary. Request for public comment,
including public comment regarding retroactive application of any of the
proposed amendments. Notice of public hearing. (Published January 14, 2004
in the Federal Register.)
Federal Register Notice
of proposed amendments to sentencing
guidelines, policy statements, and commentary, and request for public
comment. (Written public comment regarding the proposed amendments
and issues for comment set forth in this notice, including public comment
regarding retroactive application of any of the proposed amendments,
should be received by the Commission not later than March 1, 2004.) (Published
in the Federal Register on December 30, 2003.)
Federal Sentencing
Guidelines Manual and Appendices (2003). This manual contains
the federal sentencing guidelines and policy statements effective
November 1, 2003.
Final Report of the
Native American Advisory Group. November 4, 2003. This report contains the findings and recommendations
of the ad hoc Native American Advisory Group. (.PDF)
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.
Amendment to the
2002 Guidelines Manual (Effective
October 27, 2003): Promulgated by the United States Sentencing Commission
in response to the Congressional directive in section 401(m) of the “Prosecutorial
Remedies and Other Tools to End the Exploitation of Children Today Act
of 2003” or “PROTECT Act,” Pub. L. 108-21. Letter
to Guidelines Manual Recipients from Judge
Diana E. Murphy, Commission chair.
Federal Register
Notice (1) amendments to
the sentencing guidelines made pursuant to the directive in section 401(m)
of the PROTECT Act, Pub. L. 108-21; and (2) conforming amendments to the
congressional amendments to the guidelines made directly by the PROTECT
Act and effective on May 30, 2003. (.PDF) (Published in the Federal
Register on October 21, 2003).
Ad Hoc Advisory
Group on the Organizational Sentencing Guidelines. Report
of Findings and Recommendations to the Sentencing Commission
by the Ad Hoc Advisory Group on the Organizational Sentencing
Guidelines. October7, 2003. Transcript
of the Public Hearing Proceedings from October 7, 2003: Presentation of the Ad Hoc Advisory Group
on the Organizational Sentencing Guidelines (.PDF)
Federal Register Notice
of Final Priorities. In June 2003,
the Commission published a notice of possible policy priorities for the
amendment cycle ending May 1, 2004. See 68 FR 39173 (July 1, 2003). After
reviewing public comment received pursuant to this notice, the Commission
has identified its policy priorities for the upcoming amendment cycle.
The Commission hereby gives notice of these policy priorities. (Published
in the Federal Register on September
2, 2003 (Volume 68, Number 169)).
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) (.PDF)
Federal Register Notice of
Issues for Comment. Federal Register
notice of Issues for Comment on PROTECT Act and request for comment (Published
July 1, 2003). Public comment should be received on or before August 1,
2003.
Federal Register notice of
proposed priorities. Request
for public comment on possible priority policy issues for the amendment
cycle ending May 1, 2004 (Published July 1, 2003). Public comment should
be received on or before August 1, 2003.
Documentation Required by Congress
to be Sent to the Sentencing Commission. This memorandum deals with the data collection requirements
contained in the PROTECT Act, which became effective April 30, 2003. This
memorandum supersedes a March 12, 1997, memorandum from the Administrative
Office and the Sentencing Commission relating to required sentencing documents.
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. (.PDF)
"Reader-friendly" version
of the 2003 Guideline Amendments" Sent to Congress (.PDF format)
Prepared by the Office of Special Counsel, United States Sentencing Commission.
This compilation contains unofficial text of (A) amendments (1) made
directly by the PROTECT Act, Pub. L. 108-21, effective April 30, 2003,
and (2) promulgated pursuant to the PROTECT Act, effective May 30, 2003;
and (B) amendments submitted to Congress on May 1, 2003, effective November
1, 2003 (unless modified or rejected by Congress). Official text of the
amendments can be found on the Commission's web site and will appear
in a future edition of the Federal Register.
Federal Register Notice -
May 16, 2003 Federal Register Notice of (1)(A)(i) congressional amendments to the sentencing guidelines
made directly by the PROTECT Act, Pub. L. 108-21, and effective April 30,
2003; and (ii) conforming amendments to the amendments described in subdivision
(i), promulgated pursuant to 401(m)(2)(C) of the PROTECT Act and 28 U.S.C. § 994,
and effective April 30, 2003; and (B) amendment to §2A4.1 (Kidnapping,
Abduction, Unlawful Restraint) promulgated pursuant to section 104 of the
PROTECT Act, and effective May 30, 2003; and (2) submission to Congress
of amendments to the sentencing guidelines effective November 1, 2003.
Amendments to the Sentencing
Guidelines, Policy Statements, and Official Commentary. Pursuant to
section 994(p) of title 28, United States Code, the United States Sentencing
Commission hereby submits to the Congress the following amendments to the
sentencing guidelines and the reasons therefor. As authorized by such section,
the Commission specifies an effective date of November 1, 2003, for these
amendments. (PDF)
Supplement to the 2002 Guidelines
Manual. This supplement incorporates the following: (1) emergency guideline
amendments to §§2B1.1, 2E5.3, 2J1.2, 2T4.1, 3D1.2, 5E1.2, and
Appendix A (Statutory Index), effective January 25, 2003; (2) the emergency
promulgation of §2C1.8, effective January 25, 2003; (3) guideline amendments
to §§2G2.2, 2G2.4, 3E1.1, 4B1.5, 5H1.6, 5K2.0, 5K2.13, and 5K2.20,
and the promulgation of §5K2.22, made directly by Public Law 108-21
and effective April 30, 2003; and (4) guideline amendments to §2A4.1
made directly by Public Law 108-21 and effective May 30, 2003. This document
supercedes the January 25, 2003 Supplement, and, when used in conjunction
with the 2002 Guidelines Manual (dark teal cover), constitutes the operative
Guidelines Manual effective April 30, 2003.
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 (.PDF).
Supplement to the 2002 Guidelines Manual.
Amendments to the sentencing guidelines have been promulgated by the United
States Sentencing Commission under emergency amendment authority granted by
Congress. These new guidelines implement provisions under the Sarbanes-Oxley
Act of 2002 and the Campaign Finance Reform Act of 2002. The effective date
is January 25, 2003.
Federal Register Notice - Published - January
22, 2003: Notice of promulgation of temporary, emergency amendments to
the sentencing guidelines and commentary. (Published in the Federal Register
on January 22, 2003).
Federal Register Notice - Published - January
17, 2003: Notice of proposed amendments to sentencing guidelines, policy
statements, and commentary. Request for public comment, including public comment
regarding retroactive application of any of the proposed amendments. Deadline:
Written public comment regarding the proposed amendments set forth in this
notice, including public comment regarding retroactive application of any
of these proposed amendments, should be received by the Commission not later
than March 17, 2003. (Published in the Federal Register January 17, 2003.)
Commission Meeting Information
Probation Officers Advisory Group
Organizational Guidelines Advisory Group
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