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 appear on the Commission's website and in the December 19, 2025 edition of the Federal Register.

The Commission is seeking comment on these proposals through February 10, 2026.
 

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 2026 Amendments (published December 2025)

DRUG OFFENSES

Seeks comment on a multi-part proposed amendment relating to drug offenses, that includes (A) two options for amending §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy) to address the purity distinction between methamphetamine (actual) and methamphetamine mixture, and amendments to §2D1.1 to address offenses involving “Ice;” (B) amendments to §2D1.1 to address the enactment of the Halt All Lethal Trafficking of Fentanyl Act (HALT Fentanyl Act), which permanently scheduled “fentanyl-related substances;” and (C) amendments to §2D1.1 to add new enhancements for offenses involving fentanyl and fentanyl analogues.

INFLATIONARY ADJUSTMENT

Seeks comment on a proposed amendment to the Guidelines Manual to amend the monetary tables and values to adjust for inflation, including the monetary values in the fine tables for individual defendants and for organizational defendants.

ECONOMIC CRIME

Seeks comment on a two-part proposed amendment relating to §2B1.1 (Theft, Property Destruction, and Fraud) that includes (A) a proposal to restructure the loss table at §2B1.1(b)(1) to simplify application of the table and (B) amendments to §2B1.1 to revise existing specific offense characteristics and add new specific offense characteristics to reflect the culpability of the individual and harm to the victim.

POST-OFFENSE REHABILITATION ADJUSTMENT

Seeks comment on a proposed amendment to Chapter Three, Part E setting forth two options to add a new adjustment at §3E1.2 (Post-Offense Rehabilitation) providing a reduction if the defendant demonstrates positive post-offense behavior or rehabilitative efforts.

MULTIPLE COUNTS

Seeks comment on a proposed amendment to the Guidelines Manual to simplify the procedure for determining the single offense level for cases involving multiple counts, that includes replacing the five guidelines in Chapter Three, Part D with a single guideline at §3D1.1 that provides all the steps necessary to determine the single offense level for multiple counts.

SIMPLIFICATION

Seeks comment on a proposed amendment to the Guidelines Manual that deletes from certain Chapter Two guidelines 26 specific offense characteristics that courts did not apply at all in the last five fiscal years and that were applied a small number of times—if at all—using a 25-year lookback window.

SOPHISTICATED MEANS

Seeks comment on a proposed amendment setting forth two options to address specific offense characteristics relating to sophisticated criminal conduct: (A) an option for creating a new Chapter Three adjustment at §3C1.5 (Sophisticated Means) addressing sophisticated conduct and deleting specific offense characteristics in Chapter Two guidelines that currently address sophisticated conduct; and (B) an option for amending Chapter Two guidelines that contain specific offense characteristics addressing sophisticated conduct to provide updated, uniform guidance relating to sophisticated conduct.

MISCELLANEOUS

Seeks comment on a multi-part proposed amendment relating to recently enacted legislation and a miscellaneous issue, including amendments to Appendix A (Statutory Index) and the Commentary of certain guidelines to (A) respond to the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act; (B) respond to the Fentanyl Eradication and Narcotics Deterrence Off Fentanyl Act; (C) respond to the Protecting Americans’ Data from Foreign Adversaries Act; (D) respond to the Foreign Extortion Prevention Technical Corrections Act; and (E) reference 18 U.S.C. § 1348 to §2B1.4.

TECHNICAL

Seeks comment on a proposed amendment making technical and other non-substantive changes throughout the Guidelines Manual.