US Sentencing Commission Final Priorities for Amendment Cycle

Content

ACTION:

Notice of final priorities.

SUMMARY:

In June 2025, the Commission published a notice of proposed policy priorities for the amendment cycle ending May 1, 2026.
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.

FOR FURTHER INFORMATION CONTACT:

Jennifer Dukes, Senior Public Affairs Specialist, (202) 502-4597.

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 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 Congress not later than the first day of May each year pursuant to 28 U.S.C. 994(p).

As part of its statutory authority and responsibility to analyze sentencing issues, including operation of the federal sentencing
guidelines, the Commission has identified its policy priorities for the amendment cycle ending May 1, 2026. Other factors,
such as legislation requiring Commission action, may affect the Commission's ability to complete work on any or all identified
priorities by May 1, 2026. Accordingly, the Commission may continue work on any or all identified priorities after that date
or may decide not to pursue one or more identified priorities. The Commission previously published a notice of proposed policy
priorities for the amendment cycle ending May 1, 2026. See 90 FR 24710 (June 11, 2025).

Pursuant to 28 U.S.C. 994(g), the Commission intends to consider the issue of reducing costs of incarceration and overcapacity
of prisons, to the extent it is relevant to any identified priority.

The Commission has identified the following priorities for the amendment cycle ending May 1, 2026:

(1) Examination of how the guidelines can provide courts with additional guidance on selecting the appropriate sentencing
option (e.g., imprisonment, probation, or fine), and possible consideration of amendments that might be appropriate.

(2) Further examination of the penalty structure for certain drug trafficking offenses under § 2D1.1 (Unlawful Manufacturing,
Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses)) and § 2D1.11 (Unlawfully
Distributing, Importing, Exporting or Possessing a Listed Chemical; Attempt or Conspiracy), including (A) consideration of
possible amendments addressing the purity distinctions for methamphetamine provided in the Drug Quantity Table and related
application notes; (B) consideration of other miscellaneous issues pertaining to drug trafficking offenses coming to the Commission's
attention, such as statutory changes relating to fentanyl, sentencing enhancements for offenses involving fentanyl, and other
fentanyl-related issues; and (C) and consideration of possible amendments to the Chemical Quantity Table at § 2D1.11 to address
offenses involving fentanyl precursors.

(3) Examination of § 2B1.1 (Theft, Property Destruction, and Fraud) and related guidelines to ensure the guidelines appropriately
reflect the culpability of the individual and the harm to the victim, including (A) reassessing the role of actual loss, intended
loss, and gain; (B) considering whether the loss table in § 2B1.1 should be revised to simplify application or to adjust for
inflation; (C) considering the application and impact of the victims table in § 2B1.1 and adjustments in Chapter Three, Part
A (Victim-Related Adjustments), relating to victims; (D) considering the application and impact of adjustments in Chapter
Three, Part B (Role in the Offense) relating to role in the offense; and (E) possible

  consideration of amendments that might be appropriate.

(4) Continued examination of the career offender guidelines, including (A) evaluating the impact, feasibility, and uniformity
in application of alternative approaches to the “categorical approach” through workshops, field testing, and updating the
data analyses set forth in the Commission's 2016 report to Congress, titled Career Offender Sentencing Enhancements; and (B) possible consideration of amendments that might be appropriate.

(5) Examination of whether the guidelines provide appropriate adjustments for good behavior, including examination of whether
§ 3E1.1 (Acceptance of Responsibility) and § 5K1.1 (Substantial Assistance to Authorities) fully account for the variety of
ways in which an individual may manifest acceptance of responsibility and provide substantial assistance, and possible consideration
of amendments that might be appropriate.

(6) Continued exploration of ways to simplify the Guidelines Manual, including (A) examining the operation of the grouping rules in Chapter Three, Part D (Multiple Counts); (B) examining the
operation of specific provisions of Chapter Four, Part A (Criminal History); (C) examining the operation of § 5G1.3 (Imposition
of a Sentence on a Defendant Subject to an Undischarged Term of Imprisonment or Anticipated State Term of Imprisonment); (D)
evaluating infrequently applied specific offense characteristics and adjustments provisions throughout the Guidelines Manual; and (E) possible consideration of amendments that might be appropriate.

(7) Examination of offenses involving sophisticated means and possible consideration of an additional Chapter Three adjustment
that would account for the consideration of factors such as sophistication in the preparation for, commission of, or evasion
of detection for an offense.

(8) Examination of § 2L1.1 (Smuggling, Transporting, or Harboring an Unlawful Alien) to ensure the guidelines appropriately
account for the consideration of factors such as the number of humans smuggled and whether the offense involved bodily injury
or sexual assault, and possible consideration of amendments that might be appropriate.

(9) Assessing the degree to which certain practices of the Federal Bureau of Prisons are effective in meeting the purposes
of sentencing as set forth in 18 U.S.C. 3553(a)(2) and considering any appropriate responses including possible consideration
of recommendations or amendments.

(10) Implementation of any legislation warranting Commission action.

(11) Resolution of circuit conflicts as warranted, pursuant to the Commission's authority under 28 U.S.C. 991(b)(1)(B) and Braxton v. United States, 500 U.S. 344 (1991).

(12) Consideration of other miscellaneous issues coming to the Commission's attention.

(Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and Procedure 2.2, 5.2.)

Carlton W. Reeves, Chair. [FR Doc. 2025-15457 Filed 8-13-25; 8:45 am] BILLING CODE 2210-40-P

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