US Sentencing Commission promulgates another set of notable “Proposed Amendments to the Sentencing Guidelines (Preliminary)”
As detailed in this prior post, the US Sentencing Commission last month voted unanimously to “Publish Proposed Guideline Amendments and Issues for Comment” on the topics of guideline simplification, criminal hisotry, firearm offenses, circuit conflicts and retroactivity. Though that was a notable and ambitious set of proposals, the Commission at that time also indicated there could be additional future proposed amendments coming in January related to the drug guidelines and supervised release issues. And this afternoon, in a public meeting, the Commission indeed voted to publish additional “Proposed Guideline Amendments and Issues for Comment.”
This Sentencing Commission just issued this press release discussing its latest action (with links therein):
Today, the bipartisan United States Sentencing Commission voted unanimously to publish two sets of proposed amendments to the federal sentencing guidelines for the amendment cycle ending May 1, 2025 (watch the meeting). Today’s proposals, along with those issued last month, stem from public input the Commission has received in recent years, including more than 1,200 pages of comments received earlier this amendment cycle. Today’s proposals further respond to roundtables the Commission held last year on supervised release and drug sentencing.
The first set of proposals issued today update the Guidelines Manual’s provisions regarding supervised release. These updates aim to give courts the flexibility to impose supervision based on an individualized assessment of the relevant statutory factors, encourage early termination where warranted, and promote the appropriate use of revocation. “We want to help federal courts use supervised release to effectively protect public safety, reduce recidivism, and facilitate rehabilitation,” said Judge Carlton W. Reeves, Chair of the Commission.
Today’s second set of proposals update certain provisions of the Guidelines Manual related to drug trafficking. These updates aim to help address the dangers of fentanyl and machineguns, ensure drug trafficking sentences reflect the defendant’s culpability, and reduce unwarranted disparities related to purity in methamphetamine cases. “As with the proposals issued last month,” said Judge Reeves, “we look forward to hearing from the public about today’s proposals in light of the Commission’s statutory obligation to promote fairness in sentencing, end unwarranted disparities, and ensure sentences reflect the latest data, research, and science.”
The Commission is seeking comment on these proposals through March 3, 2025 with a reply period closing on March 18, 2025. A public hearing will be scheduled on these proposals in early 2025. Official text of proposed amendments and issues for comment will also be published in a forthcoming edition of the Federal Register and will be placed on the Commission’s website. The public is encouraged to submit comments through the agency’s comment portal. “We welcome your comments,” said Chair Reeves.
I hope to find some time this weekend to review these notable new sets of proposed amenmdnet and perhaps comment on some of the particulars. But my first comment is kudos to the Commission for continuing to be proactive in its work to improve its guidelines.