Today, December 19, the bipartisan United States Sentencing Commission voted unanimously to publish proposed amendments to the federal sentencing guidelines for the amendment cycle ending May 1, 2025 (watch the meeting). These proposals stem from public input the Commission has received in recent years, including more than 1,200 pages of comments on what work the agency should prioritize this amendment cycle. Among today’s proposals are those that would:
– create an alternative to the “categorical approach” used in the career offender guideline to determine whether a conviction qualifies a defendant for enhanced penalties;
– simplify the “three-step” approach that courts currently use when applying the guidelines;
– address the guidelines’ treatment of devices designed to convert firearms into fully automatic weapons;
– add a mens rea requirement to the sentencing enhancement for use of stolen firearms; and
– resolve certain circuit conflicts regarding guideline application.
“We look forward to hearing from the public about these 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,” said Judge Carlton W. Reeves, Chair of the Commission. “Over the next month, the Commission will consider whether to publish additional proposals that reflect the public comment, stakeholder input, and feedback from judges that we have received over the last year – including at the roundtables we have held in recent months on drug sentencing and supervised release.”
The Commission is seeking comment on these proposals through February 3, 2025 with a reply period closing on February 18, 2025. The public is encouraged to submit comment through the agency’s comment portal available here. 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. “We welcome your comments,” said Chair Reeves.
The Commission includes U.S. District Judge Carlton W. Reeves (Chair), U.S. Circuit Judge Luis Felipe Restrepo (Vice Chair), Laura E. Mate (Vice Chair), Claire Murray (Vice Chair), Candice C. Wong (Commissioner), John Gleeson (Commissioner) and Judge Claria Horn Boom (Commissioner), with Scott A.C. Meisler (ex officio, U.S. Department of Justice) and Patricia K. Cushwa (ex officio, U.S. Parole Commission) serving as non-voting members.
