The US Sentencing Commission today released on its website this Federal Register notice of its possible policy priorities for the guideline amendment cycle ending May 1, 2026. The USSC has requested public comment on these priorities by July 18, 2025. The notice has a list of ten items as potential priorities, and here and some highlights:
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 invites comment on the following proposed priorities for the amendment cycle ending May 1, 2026, including comment on any additional priorities commenters believe the Commission should consider in the upcoming amendment cycle and beyond, and comment proposing specific amendment text or research agendas that would address a given priority:
(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))…
(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….
(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….
(7) Assessing the degree to which certain practices of the 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.