Latest News - Continued

November 1, 2005 News Release. Emergency Guideline Amendments on Obstruction of Justice and Intellectual Property Crimes Take Effect; Aggravated Identity Theft and Antitrust Amendments Also Become Effective.

Federal Register Notice of temporary, emergency amendments to sentencing guidelines, policy statements, and commentary. The Commission has specified an effective date of October 24, 2005, for the emergency amendments. (70 FR 61489-61490).

Federal Register Notice of final action regarding amendments to federal sentencing guidelines effective November 1, 2005. (70 FR 56765)

Federal Register Notice of Final Priorities. In June 2005, the Commission published a notice of possible policy priorities for the amendment cycle ending May 1, 2006. See 70 FR 37145 (June 28, 2005). After reviewing public comment received pursuant to the notice of proposed priorities, the Commission has identified its policy priorities for the upcoming amendment cycle and hereby gives notice of these policy priorities. (70 FR 51398-51399)

Federal Register Notice of proposed priorities and request for public comment. 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 policy issues for the amendment cycle ending May 1, 2006. Public comment should be received on or before August 15, 2005. (70 FR 37145-37146)

Federal Register Notice of submission to Congress of amendments to the sentencing guidelines effective November 1, 2005. Pursuant to its authority under 28 U.S.C. 994(p), the Commission has promulgated amendments to the sentencing guidelines, policy statements, commentary, and statutory index. This notice sets forth the amendments and the reason for each amendment. The Commission has specified an effective date of November 1, 2005, for the amendments set forth in this notice (70 FR 24852-24856).

Amendments to the Sentencing Guidelines, Policy Statements, and Official Commentary. (April 29, 2005). Pursuant to section 994(p) of title 28, United States Code, the United States Sentencing Commission submitted to the Congress these amendments to the sentencing guidelines and the reasons for the amendments. (PDF)

Sentencing Commission Submits Letter to Congress Regarding H.R. 1528. On April 19, 2005, the Sentencing Commission submitted a letter to the House Judiciary Committee regarding H.R. 1528, the "Defending America's Most Vulnerable: Safe Access to Drug Treatment and Child Protection Act of 2005".

April 15, 2005, News Release. Sentencing Commission Addresses Congressional Concerns On Antitrust and Identity Theft Offenses.

Prepared Testimony of Judge Ricardo H. Hinojosa Chair. United States Sentencing Commission before the Subcommittee on Crime, Terrorism, and Homeland Security Committee on the Judiciary, United States House of Representatives - February 10, 2005

CLC/USSC Joint Memorandum To The Federal Judiciary. Joint memorandum to all judges from the respective Chairs of the Sentencing Commission and the Criminal Law Committee of the Judicial Conference of the United States emphasizing the importance of continuing to submit sentencing documents to the Sentencing Commission.

Federal Register notice of proposed amendments to sentencing guidelines, policy statements, and commentary. Request for public comment, including public comment regarding retroactive application of any of the proposed amendments. Notice of public hearing. (70 FR 8868-8872) (Important dates: Written public comment regarding the proposed amendments and issues for comment set forth in this notice should be received by the Commission not later than March 25, 2005. The Commission has scheduled a public hearing on its proposed amendments for April 12, 2005, at the Thurgood Marshall Federal Judiciary Building, One Columbus Circle, N.E. Washington, D.C. 20002-8002. A person who desires to testify at the public hearing should notify Michael Courlander, Public Affairs Officer, at (202) 502-4590, not later than March 10, 2005. Written testimony for the public hearing must be received by the Commission not later than March 28, 2005.)

Commissioner Michael O'Neill has resigned effective January 13, 2005, in order to take on new duties as Chief Counsel for the United States Senate Judiciary Committee - February 11, 2005

January 13, 2005 News Release - U.S. Sentencing Commission Chair Comments on High Court Ruling

United States v. Booker and United States v. Fanfan, _______ U.S. _______ (January 12, 2005): The U.S. Supreme Court's ruling regarding the application of the Blakely v. Washington holding to the federal system can found here.

Fifteen Years of Guidelines Sentencing: An Assessment of How Well the Federal Criminal Justice System Is Achieving the Goals of Sentencing Reform - This study is a comprehensive review of the research literature and sentencing data to assess how well the guidelines have achieved the goals for sentencing reform established by Congress in the Sentencing Reform Act of 1984. These goals include increased certainty and transparency of sentences, increased severity of sentences for certain types of serious crimes, and reduced sentencing disparity, including racial and ethnic disparity.

November 23, 2004 News Release - Sentencing Commission Issues 15 Year Study on Federal Sentencing

News Release: Sentencing Commission Appointments Announced - Judge Ricardo H. Hinojosa Confirmed as Chair; Beryl Howell Confirmed as Commissioner; Judge Ruben Castillo and Professor Michael O’Neill Reappointed.

November 16 -17 Public Hearing Transcript and Submitted Testimony - A Public Hearing was held Tuesday, November 16, 2004, at 1:00 p.m. and Wednesday, November 17, 2004, at 10:00 a.m. in Washington, D.C. A transcript of the proceedings is available. See also, written testimony submitted to the Sentencing Commission.

Federal Sentencing Guidelines Manual and Appendices (2004) - This manual contains the federal sentencing guidelines and policy statements effective November 1, 2004.

Federal Register Notice of Final Priorities - After reviewing public comment received pursuant to the notice of proposed priorities, the Commission has identified its policy priorities for the upcoming amendment cycle and hereby gives notice of these policy priorities. (Published September 1, 2004, in the Federal Register (69 FR 53482-53483))

August 4, 2004 News Release Hinojosa Named to Chair U.S. Sentencing Commission

Federal Register Notice of proposed priorities and request for public comment. 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 policy issues for the amendment cycle ending May 1, 2005. Public comment should be received on or before August 5, 2004. (Published June 28, 2004, in the Federal Register) (69 FR 36148-36149)

2002 Annual Report and Sourcebook of Federal Sentencing Statistics - The 2002 Annual Report presents an overview of major Commission activities and accomplishments for fiscal year 2002. See the Commission's 2002 Sourcebook of Federal Sentencing Statistics for descriptive figures, tables, and charts, and selected district, circuit, and national sentencing data.

Measuring Recidivism: The Criminal History Computation of the Federal Sentencing Guidelines. The first release in the Research Series on the Recidivism of Federal Offenders, this report examines in detail the predictive statistical power of the Chapter Four Criminal History guidelines. The study uses pre-conviction and instant offense information for a sample of guideline federal offenders sentenced in fiscal year 1992, matched with their post-sentencing criminal behavior collected from FBI records. Both tabular and statistical models of recidivism outcomes report findings by criminal history category and point groupings, as well as by offender demographics, instant offense characteristics, and recidivating offense types.

Recidivism and the "First Offender". This second release in the Research Series on the Recidivism of Federal Offenders provides an empirical foundation for the Commission’s study of recidivism rates among federal offenders with little or no criminal history prior to the federal instant offense. Using definitional frameworks established in several earlier Commission staff working group studies on “first offenders,” the data documents recidivism risk for three plausible first offender groupings. The analysis reports that recidivism risk is lowest for those offenders with least experience in the criminal justice system.

Federal Register Notice of submission to Congress of amendments to the sentencing guidelines effective November 1, 2004.(Published May 19, 2004 in the Federal Register) (69 FR 28994-29028)

"Reader-friendly" version of the 2004 Guideline Amendments Sent to Congress. This compilation contains unofficial text of amendments to the sentencing guidelines submitted to Congress on April 30, 2004, and is provided only for the convenience of the user. Official text of these amendments is available on the Commission’s web site and will be published in a future edition of the Federal Register. (.PDF format)

May 3, 2004, News Release. Commission Tightens Requirements for Corporate Compliance and Ethics Programs.

Amendments to the Sentencing Guidelines, Policy Statements, and Official Commentary. (May 1, 2004). Pursuant to section 994(p) of title 28, United States Code, the United States Sentencing Commission submitted to the Congress these amendments to the sentencing guidelines and the reasons for the amendments. (PDF)

April 13 , 2004, News Release. Sentencing Commission Toughens Requirements for Corporate Compliance and Ethics Programs; Agency Also Announces Increased Prison Sentences for Sex Offenses and Offenses Involving Hazardous Materials and Spamming.

Transcript of Proceedings: United States Sentencing Commission Public Hearing (Washington, DC - March 17, 2004. (.PDF)

March 22, 2004, News Release. Sentencing Commission Targets Corrupt Public Officials; Agency Also Takes Aim at Portable Rockets and Missiles -- Commission Also Increases Penalties for Body Armor and Other Offenses.

Agenda and Written Statements of Witnesses. United States Sentencing Commission 2004 Public Hearing (Washington, DC - March 17, 2004)

January 29, 2004, Press Release. United States Sentencing Commission Chair Diana E. Murphy Resigns; Transfer of Duties Expected to Go Smoothly

Proposed 2004 Guideline Amendments. "Reader-friendly" version of the Proposed 2004 Guideline Amendments (.PDF format) 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 in the December 30, 2003 Federal Register (68 Fed. Reg. 75339) and in the edition of the Federal Register that will be published on January 14, 2004.

Federal Register Notice of proposed amendments to sentencing guidelines, policy statements, and commentary. Request for public comment, including public comment regarding retroactive application of any of the proposed amendments. Notice of public hearing. (Published January 14, 2004 in the Federal Register.)

Federal Register Notice of proposed amendments to sentencing guidelines, policy statements, and commentary, and request for public comment. (Written public comment regarding the proposed amendments and issues for comment set forth in this notice, including public comment regarding retroactive application of any of the proposed amendments, should be received by the Commission not later than March 1, 2004.) (Published in the Federal Register on December 30, 2003.)

Transcript of the Public Hearing proceedings from November 4, 2003. Presentation of the Final Report of the Ad Hoc Native American Advisory Group (.PDF)

Federal Sentencing Guidelines Manual and Appendices (2003). This manual contains the federal sentencing guidelines and policy statements effective November 1, 2003.

Final Report of the Native American Advisory Group. November 4, 2003. This report contains the findings and recommendations of the ad hoc Native American Advisory Group. (.PDF)

Report to the Congress - Downward Departures from the Federal Sentencing Guidelines (October 2003). This report was submitted in response to section 401(m) of the the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003, Pub. L. No. 108-21.

Amendment to the 2002 Guidelines Manual (Effective October 27, 2003): Promulgated by the United States Sentencing Commission in response to the Congressional directive in section 401(m) of the “Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003” or “PROTECT Act,” Pub. L. 108-21. Letter to Guidelines Manual Recipients from Judge Diana E. Murphy, Commission chair.

Federal Register Notice (1) amendments to the sentencing guidelines made pursuant to the directive in section 401(m) of the PROTECT Act, Pub. L. 108-21; and (2) conforming amendments to the congressional amendments to the guidelines made directly by the PROTECT Act and effective on May 30, 2003. (.PDF) (Published in the Federal Register on October 21, 2003).

Press Releases - October 8, 2003 Panel on the Sentencing Guidelines for Organizations Issues Final Report. October 8, 2003, Press Release: Sentencing Commission Acts to Reduce Number of Sentences Below the Guidelines

Ad Hoc Advisory Group on the Organizational Sentencing Guidelines. Report of Findings and Recommendations to the Sentencing Commission by the Ad Hoc Advisory Group on the Organizational Sentencing Guidelines. October7, 2003. Transcript of the Public Hearing Proceedings from October 7, 2003: Presentation of the Ad Hoc Advisory Group on the Organizational Sentencing Guidelines (.PDF)

Agenda, Written Testimony, and Transcript of a Public Hearing, Tuesday, September 23, 2003 at the United States Sentencing Commission, Washington, DC. The purpose of the public hearing was to gather testimony on the implementation of the PROTECT Act and focus preliminarily on the implementation of early disposition (a.k.a. "fast track") programs.

Federal Register Notice of Final Priorities. In June 2003, the Commission published a notice of possible policy priorities for the amendment cycle ending May 1, 2004. See 68 FR 39173 (July 1, 2003). After reviewing public comment received pursuant to this notice, the Commission has identified its policy priorities for the upcoming amendment cycle. The Commission hereby gives notice of these policy priorities. (Published in the Federal Register on September 2, 2003 (Volume 68, Number 169)).

Report to the Congress: Increased Penalties for Cyber Security Offenses. This report is submitted pursuant to section 225(c) of the Homeland Security Act of 2002, Pub. L. 107-296. (May 2003) (.PDF)

Federal Register Notice of Issues for Comment. Federal Register notice of Issues for Comment on PROTECT Act and request for comment (Published July 1, 2003). Public comment should be received on or before August 1, 2003.

Federal Register notice of proposed priorities. Request for public comment on possible priority policy issues for the amendment cycle ending May 1, 2004 (Published July 1, 2003). Public comment should be received on or before August 1, 2003.

Hinojosa and Horowitz named to Sentencing Commission. Chief Justice William H. Rehnquist, at an investiture ceremony held at the Supreme Court of the United States, today administered the oath of office to two new members of the U.S. Sentencing Commission: United States District Court Judge Ricardo H. Hinojosa of McAllen, Texas, and former Deputy Assistant Attorney General Michael E. Horowitz of Chevy Chase, Maryland. President George W. Bush on May 27 had appointed Judge Hinojosa and Mr. Horowitz to six-year terms as commissioners.

Documentation Required by Congress to be Sent to the Sentencing Commission. This memorandum deals with the data collection requirements contained in the PROTECT Act, which became effective April 30, 2003. This memorandum supersedes a March 12, 1997, memorandum from the Administrative Office and the Sentencing Commission relating to required sentencing documents.

Report to the Congress: Increased Penalties for Campaign Finance Offenses and Legislative Recommendations (May 2003).This report is submitted pursuant to section 314 of the Bipartisan Campaign Reform Act of 2002, Pub. L. 107-155 (the "Act"). Section 314 required the United States Sentencing Commission (the "Commission") to promulgate a guideline "for penalties for violations of the Federal Election Campaign Act of 1971." The Commission, acting under emergency authority conferred by the Act, promulgated an amendment, effective January 25, 2003, which created an temporary guideline for campaign finance offenses. That guideline was repromulgated without change as a permanent amendment in March 2003 and, subject to congressional review, will become effective on November 1, 2003. (.PDF)

"Reader-friendly" version of the 2003 Guideline Amendments" Sent to Congress (.PDF format) Prepared by the Office of Special Counsel, United States Sentencing Commission. This compilation contains unofficial text of (A) amendments (1) made directly by the PROTECT Act, Pub. L. 108-21, effective April 30, 2003, and (2) promulgated pursuant to the PROTECT Act, effective May 30, 2003; and (B) amendments submitted to Congress on May 1, 2003, effective November 1, 2003 (unless modified or rejected by Congress). Official text of the amendments can be found on the Commission's web site and will appear in a future edition of the Federal Register.

Federal Register Notice - May 16, 2003 Federal Register Notice of (1)(A)(i) congressional amendments to the sentencing guidelines made directly by the PROTECT Act, Pub. L. 108-21, and effective April 30, 2003; and (ii) conforming amendments to the amendments described in subdivision (i), promulgated pursuant to 401(m)(2)(C) of the PROTECT Act and 28 U.S.C. § 994, and effective April 30, 2003; and (B) amendment to §2A4.1 (Kidnapping, Abduction, Unlawful Restraint) promulgated pursuant to section 104 of the PROTECT Act, and effective May 30, 2003; and (2) submission to Congress of amendments to the sentencing guidelines effective November 1, 2003.

Amendments to the Sentencing Guidelines, Policy Statements, and Official Commentary. Pursuant to section 994(p) of title 28, United States Code, the United States Sentencing Commission hereby submits to the Congress the following amendments to the sentencing guidelines and the reasons therefor. As authorized by such section, the Commission specifies an effective date of November 1, 2003, for these amendments. (PDF)

Supplement to the 2002 Guidelines Manual. This supplement incorporates the following: (1) emergency guideline amendments to §§2B1.1, 2E5.3, 2J1.2, 2T4.1, 3D1.2, 5E1.2, and Appendix A (Statutory Index), effective January 25, 2003; (2) the emergency promulgation of §2C1.8, effective January 25, 2003; (3) guideline amendments to §§2G2.2, 2G2.4, 3E1.1, 4B1.5, 5H1.6, 5K2.0, 5K2.13, and 5K2.20, and the promulgation of §5K2.22, made directly by Public Law 108-21 and effective April 30, 2003; and (4) guideline amendments to §2A4.1 made directly by Public Law 108-21 and effective May 30, 2003. This document supercedes the January 25, 2003 Supplement, and, when used in conjunction with the 2002 Guidelines Manual (dark teal cover), constitutes the operative Guidelines Manual effective April 30, 2003.

Increased Penalties Under the Sarbanes Oxley Act of 2002. (January 2003) This report was submitted to Congress pursuant to section 1104(a)(3) of the Sarbanes-Oxley Act of 2002, Public Law 107-204 (.PDF).

Supplement to the 2002 Guidelines Manual. Amendments to the sentencing guidelines have been promulgated by the United States Sentencing Commission under emergency amendment authority granted by Congress. These new guidelines implement provisions under the Sarbanes-Oxley Act of 2002 and the Campaign Finance Reform Act of 2002. The effective date is January 25, 2003.

Federal Register Notice - Published - January 22, 2003: Notice of promulgation of temporary, emergency amendments to the sentencing guidelines and commentary. (Published in the Federal Register on January 22, 2003).

Federal Register Notice - Published - January 17, 2003: Notice of proposed amendments to sentencing guidelines, policy statements, and commentary. Request for public comment, including public comment regarding retroactive application of any of the proposed amendments. Deadline: Written public comment regarding the proposed amendments set forth in this notice, including public comment regarding retroactive application of any of these proposed amendments, should be received by the Commission not later than March 17, 2003. (Published in the Federal Register January 17, 2003.)

January 8, 2003, News Release: Sentencing Commission Stiffens Penalties for White Collar Criminals.

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