General Information
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 on the Commission’s website and will appear in the January 2nd, 2025 edition of the Federal Register.
The Commission is seeking comment on these proposals through February 3, 2025 with a reply comment period closing on February 18, 2025.
There are two methods for submitting public comment.
(1) Electronic Submission of Comments.—Comments may be submitted electronically via the Commission’s Public Comment Submission Portal. Follow the online instructions for submitting comments.
(2) Submission of Comments by Mail.—Comments may be submitted by mail to the following address: United States Sentencing Commission, One Columbus Circle, N.E., Suite 2-500, Washington, D.C. 20002-8002, Attention: Public Affairs – Proposed Amendments.
Summary of Proposed 2025 Amendments (Published December 2024)
CAREER OFFENDER
Seeks comment on a proposed amendment relating to §4B1.2 (Definitions of Terms Used in Section 4B1.1), that includes amendments to (A) §4B1.2 to eliminate the use of the categorical approach by providing a definition for “crime of violence” that is based on a defendant’s conduct and a definition of “controlled substance offense” that lists specific federal drug statutes, and (B) the commentary to the guidelines that use the §4B1.2’s definitions of “crime of violence” and “controlled substance offense.”
FIREARMS OFFENSES
Seeks comment on a two-part proposed amendment to §2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition; Prohibited Transactions Involving Firearms or Ammunition) that includes (A) amendments to §2K2.1 to address its application to offenses involving machinegun conversion devices (MCDs), and (B) an amendment to §2K2.1(b)(4) to establish a mens rea requirement for the enhancements for stolen firearms and firearms with modified serial numbers.
CIRCUIT CONFLICTS
Seeks comment on a two-part proposed amendment addressing circuit conflicts concerning (A) whether the “physically restrained” enhancement at §2B3.1 (Robbery) can be applied to situations in which a victim is restricted from moving at gunpoint but is not otherwise immobilized through physical measures, and (B) whether a traffic stop is an “intervening arrest” for purposes of determining whether multiple prior sentences should be “counted separately or treated as a single sentence” under §4A1.2 (Definitions and Instructions for Computing Criminal History).
SIMPLIFICATION OF THREE STEP PROCESS
Seeks comment on a two-part proposed amendment that includes (A) a request for comment on whether any changes should be made to the Guidelines Manual relating to the three-step process set forth in §1B1.1 (Application Instructions) and the use of departures and policy statements relating to specific personal characteristics; and (B) amendments to the Guidelines Manual to simplify both (1) the current three-step process utilized in determining a sentence that is “sufficient, but not greater than necessary,” and (2) existing guidance regarding a court’s consideration of the individual circumstances of the defendant as well as certain offense characteristics.