21 June 2002

[Federal Register: June 21, 2002 (Volume 67, Number 120)]
[Notices]
[Page 42308-42309]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn02-130]

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SENTENCING COMMISSION


Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Notice of proposed priorities. Request for public comment.

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SUMMARY: 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 issues for the amendment cycle ending May 1, 2003.

DATE: Public comment should be received on or before August 2, 2002.

ADDRESS: Send comments to: United States Sentencing Commission, One
Columbus Circle, NE, Suite 2-500,

[[Page 42309]]

South Lobby, Washington, DC 20002-8002, Attention: Public Affairs--
Priorities Comment.

FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Affairs
Officer, Telephone: (202) 502-4590.

SUPPLEMENTARY INFORMATION: The United States Sentencing Commission is
an independent agency in the judicial branch of the United States
Government. The Commission promulgates sentencing guidelines and policy
statements for Federal sentencing courts pursuant to 28 U.S.C. 994(a).
The Commission also periodically reviews and revises previously
promulgated guidelines pursuant to 28 U.S.C. 994(o) and submits
guideline amendments to the Congress not later than the first day of
May each year pursuant to 28 U.S.C. 994(p).
    For the amendment cycle ending May 1, 2003, and possibly continuing
into the amendment cycle ending May 1, 2004, the Commission has
identified the following tentative priorities: (1) Continuation of its
work on the 15 Year Study, which is composed of a number of projects
geared toward analyzing the guidelines in light of the goals of
sentencing reform described in the Sentencing Reform Act and the
statutory purposes of sentencing set forth in 18 U.S.C. 3553(a)(2); (2)
continuation of its policy work and possible guideline amendments
relating to the USA PATRIOT ACT, Public Law 107-56, nuclear,
biological, and chemical weapons offenses, and other terrorism
offenses; (3) continuation of its research, policy work, and possible
guideline amendments relating to Chapter Four (Criminal History and
Criminal Livelihood), which may include (A) assessment of the
calculation of criminal history points for first time offenders and
offenders who are in the highest criminal history categories; (B)
assessment of the criminal history rules for minor offenses, juvenile
offenses, and expunged convictions; (C) assessment of the criminal
history rules for related cases; and (D) consideration of other
application issues relating to simplifying the operation of Chapter
Four; (4) consideration of guideline amendment proposals to implement
the Bipartisan Campaign Reform Act of 2002, Public Law 107-155, which
may include addressing a number of application issues related to the
public corruption guidelines in Chapter Two, Part C (Offenses Involving
Public Officials); (5) implementation of other crime legislation
enacted during the second session of the 107th Congress warranting a
Commission response; (6) Sec. 3E1.1 (Acceptance of Responsibility),
which may include an assessment of downward adjustments given for
timely entry of a guilty plea prior to trial preparation, provision of
information regarding the defendant's role in the offense, and the
criteria for demonstrating acceptance of responsibility; (7)
consideration, through the amendment cycle ending May 1, 2004, of
amendment proposals pertaining to compassionate release programs; and
(8) other miscellaneous and limited issues pertaining to the operation
of the sentencing guidelines, including (A) offenses involving
trafficking in oxycontin; (B) offenses involving the unlawful sale or
transportation of drug paraphernalia; (C) Sec. 5G1.3 (Imposition of a
Sentence on a Defendant Subject to an Undischarged Term of
Imprisonment); and (D) policies for voluntary disclosure of offense
conduct by defendants (Sec. 5K2.16 (Voluntary Disclosure of Offense)
and related guidelines).
    The Commission hereby gives notice that it is seeking comment on
these tentative priorities and on any other issues that interested
persons believe the Commission should address during the amendment
cycle ending May 1, 2003, including short- and long-term research
issues. To the extent practicable, comments submitted on such issues
should include the following: (1) A statement of the issue, including
scope and manner of study, particular problem areas and possible
solutions, and any other matters relevant to a proposed priority; (2)
citations to applicable sentencing guidelines, statutes, case law, and
constitutional provisions; and (3) a direct and concise statement of
why the Commission should make the issue a priority.

    Authority: 28 U.S.C. Sec. 994(a), (o); USSC Rules of Practice
and Procedure 5.2.

Diana E. Murphy,
Chair.
[FR Doc. 02-15684 Filed 6-20-02; 8:45 am]
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