- Continuation of its work on statutory mandatory minimum penalties.
- Continuation of its work with the congressional, executive, and judicial branches of government, and other interested parties, to study the manner in which United States v. Booker, 543 U.S. 220 (2005), and subsequent Supreme Court decisions have affected federal sentencing practices, the appellate review of those practices, and the role of the federal sentencing guidelines.
- Continuation of its review of departures within the guidelines, including provisions in Parts H and K of Chapter Five of the Guidelines Manual, and the extent to which pertinent statutory provisions prohibit, discourage, or encourage certain factors as forming the basis for departure from the guideline sentence.
- Resolution of circuit conflicts, pursuant to the Commission’s continuing authority and responsibility, under 28 U.S.C. ‘ 991(b)(1)(B) and Braxton v. United States, 500 U.S. 34 (1991), to resolve conflicting interpretations of the guidelines by the federal courts.
In addition to addressing these points, we urge review of the Commission’s guidelines for fraud offenses. Mary Price, Vice President and General Counsel of Families Against Mandatory Minimums (FAMM), wrote to WLF expressing the same sentiment. Here is her letter and call for comments on this important topic:
The United States Sentencing Commission has issued for public comment a list of proposed priorities for the 2012 guideline amendment cycle. http://www.ussc.gov/Legal/Federal_Register_Notices/20110722_FR_Proposed_Priorities.pdf.
Notably absent from the list is the much anticipated comprehensive review of the guidelines for fraud offenses. Given the mounting criticism of those guidelines, particularly a loss table that routinely results in stunningly high recommended sentences for first time offenders, we (Families Against Mandatory Minimums) hope you will take the opportunity to write to the Commission and urge it to undertake the review. Continue reading “Comment Opportunity with Sentencing Commission”