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 February 6 edition of the Federal Register.

The Commission is seeking comment on these proposals through March 18, 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 January 2026)

SENTENCING OPTIONS
Seeks comment on a two-part proposed amendment relating to sentencing options, that includes (A) amendments to Chapter Five, Part A (Sentencing Table) to add a new Introductory Commentary highlighting the broad range of sentencing options that are statutorily provided and the recognition that different sentencing factors may weigh differently in different cases, and a new guideline at §5A1.1 (Determination of Type of Sentence) providing an overview of the steps necessary for the court to determine an appropriate sentence pursuant to Chapter Five; and (B) amendments to Chapter Five to expand Zones B and C of the Sentencing Table.

CAREER OFFENDER
Seeks comment on a proposed amendment relating to the career offender guidelines, that includes (A) options for amending §4B1.2 to address recurrent criticism of the categorical approach and modified categorical approach in the context of the “crime of violence” definition; (B) options for amending §4B1.2 to limit the scope of the “controlled substance offense” definition; (C) options for amending the Commentary to §2K2.1 to address the references to the definitions of “crime of violence” and “controlled substance offense” found in §4B1.2.

CIRCUIT CONFLICTS CONCERNING §4B1.2(b)
Seeks comment on a proposed amendment relating to two circuit conflicts involving the definition of “controlled substance offense” in §4B1.2(b) (i.e., (1) whether “controlled substance offense” only includes substances controlled by the federal Controlled Substances Act or also includes substances controlled by applicable state law, and (2) which temporal version of the applicable drug schedule (whether federal or state) should be used to decide if a prior offense qualifies as a predicate), that includes options for amending §4B1.2 and the Commentary to §2L1.2  to address both circuit conflicts.

HUMAN SMUGGLING
Seeks comment on a proposed amendment to §2L1.1 that would (A) amend the table providing an enhancement based on the number of aliens involved in the offense; (B) add a specific offense characteristic providing an enhancement for certain conduct involving smuggling persons in motor vehicles or vessels; (C) amend the specific offense characteristic for an offense involving death or bodily injury by providing two options for adding an enhancement for an offense involving multiple deaths or bodily injuries; and (D) add a cross reference for certain offenses involving conduct constituting a sexual offense.