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USSC Guideline Amendments

The USSC meeting agenda includes crucial points such as voting on publishing proposed guideline amendments.

Sentencing Commission Proposals Update

The United States Sentencing Commission (USSC) is actively considering and proposing amendments to federal sentencing guidelines, with potential implications for individuals currently within prison walls. The proposed changes cover a range of areas, and public comments are invited until February 22, 2024.

Potential Guideline Regarding Loss

The USSC suggests a noteworthy shift in the definition of loss, intending to move various terms from commentary to actual guidelines. If approved, this change could impact how intended loss is utilized in sentencing, potentially overruling previous cases like Banks.

Potential Guideline Regarding Juvenile Offenses

The USSC is exploring amendments related to juvenile offenses. Part 1 outlines three potential options, focusing on adjusting adult sentences and excluding juvenile sentences from criminal history score calculations. Part 2 suggests changes to 5H1.1, emphasizing age considerations for departure.

Potential Guideline Regarding Acquitted Conduct

The USSC presents three options concerning acquitted conduct, addressing its relevance in determining guideline ranges. These options aim to establish clearer guidelines and ensure fairness in sentencing, reflecting a nuanced approach to acquitted conduct issues.

Proposed Amendment Regarding Circuit Conflicts

The USSC acknowledges conflicts, specifically around 2k2.1 and 2k2.4, proposing amendments to address these inconsistencies. Notably, this includes defining when a serial number must be illegible and addressing conflicts on grouping firearms and drug trafficking counts.

Proposed Amendments Regarding 4c1.1

Two key amendments are proposed for 4c1.1. The first addresses concerns raised by the Department of Justice regarding the restrictive definition of "sex offense." Options are presented to either revise the definition or expand it to cover a broader range of offenses. The second amendment seeks to resolve confusion caused by the use of the word "and" in 4C1.1(b)(10).


The USSC's ongoing efforts to review and amend sentencing guidelines underscore the dynamic nature of federal criminal defense. Understanding these potential changes is crucial for both legal practitioners and individuals navigating the federal criminal justice system. Stay informed and engaged during the public comment period to contribute to the shaping of these proposed amendments.

Exciting developments are on the horizon as the United States Sentencing Commission (USSC) gears up for a public meeting scheduled for December 14, 2023. In an email outreach, the USSC provided crucial details about the upcoming event, inviting stakeholders and the public to participate in the discussion of proposed guideline amendments.

Key Information

  1. Date and Time:
    • Date: December 14, 2023
    • Time: 2:00 p.m. (ET)
  2. Location:
    • Thurgood Marshall Federal Judiciary Building
    • One Columbus Circle, N.E., Suite 2-500 (South Lobby)
  3. Livestream Option:
    • For those unable to attend in person, the USSC will livestream and record the event.


The meeting agenda includes crucial points such as voting to adopt the August 2023 meeting minutes, a report from the Chair, and a significant item—voting on publishing proposed guideline amendments and issues for comment.

Recalling last year's impactful Sentencing Commission Amendments, which included the approval of amendment 821, addressing Zero-Point Offenders reduction and Status Points reduction, the USSC is gearing up for another cycle. Proposed priorities for the 2023-2024 term cover critical areas, including the continued examination of career offender guidelines and further exploration of federal sentencing practices.

Proposed 2023-2024 Priorities

  1. Career Offender Guidelines:
    • Updating data analyses and statutory recommendations.
    • Conducting workshops on the scope and impact of career offender guidelines.
    • Possible consideration of amendments.
  2. Federal Sentencing Practices:
    • Examining drug trafficking offenses involving methamphetamine.
    • Studying drug trafficking offenses resulting in death or serious bodily injury.
    • Comparing sentences in cases disposed of through trial versus plea.
    • Continuing studies on recidivism and other areas needing additional research.

Hopeful Consideration

Anticipating the USSC's consideration of amendments, there's optimism regarding relevant conduct, especially in light of the Supreme Court's interest in the McClinton case. As the USSC's public meeting approaches, we'll be closely monitoring the proceedings on December 14, 2023. Stay tuned for updates as we bring you insights into the discussions and potential outcomes that could impact federal sentencing guidelines.

Historical Context for USSC

The United States Sentencing Commission (USSC) is an independent agency in the judicial branch of the U.S. government, responsible for formulating sentencing guidelines for federal courts. Here's a concise overview of their key priorities for the amendment cycle ending May 1, 2024:

  1. Purposeful Evaluation of Bureau of Prisons Practices:

    • The USSC aims to assess the effectiveness of certain Bureau of Prisons practices in meeting the sentencing objectives outlined in 18 U.S.C. 3553(a)(2). Recommendations or amendments may be considered based on the findings.
  2. Advocating for Diversion Programs:

    • Promoting court-sponsored diversion and alternatives-to-incarceration programs by providing comprehensive information on existing initiatives. Workshops and seminars may also be conducted to share best practices.
  3. Guidelines Manual Examination:

    • A focused exploration of the Guidelines Manual to simplify its content. Amendments may be considered to enhance clarity and understanding.
  4. Multiyear Study on Guideline Commentary:

    • Continuing the multiyear study of the Guidelines Manual to address issues concerning the validity and enforceability of guideline commentary based on case law.
  5. Career Offender Guidelines Review:

    • Ongoing evaluation of career offender guidelines, including data analyses and recommendations from the 2016 report to Congress. Workshops will discuss the impact of these guidelines, exploring alternative approaches to the "categorical approach."
  6. Treatment of Youthful Offenders:

    • Scrutinizing the treatment of youthful offenders under the Guidelines Manual and considering potential amendments for improvement.
  7. Legislation Implementation:

    • Adapting to any legislation requiring USSC action to ensure guidelines remain current and effective.
  8. Resolution of Circuit Conflicts:

    • Addressing circuit conflicts, in line with the Commission's authority and relevant legal precedents.
  9. Miscellaneous Issues Consideration:

    • Addressing other miscellaneous issues that come to the Commission's attention during the amendment cycle.
  10. In-depth Examination of Federal Sentencing Practices:

    • A comprehensive look at federal sentencing practices, including issues like drug trafficking offenses involving methamphetamine, cases resulting in death or serious bodily injury, comparison of trial versus plea outcomes, studies on recidivism, and other areas requiring additional research.

If anything here applies to you, contact us today.

At The Law Office of Jeremy Gordon, we fight aggressively for our clients. We are experienced, and know what it takes to present a successful defense in a federal criminal case. For prompt, courteous and skilled representation as your federal criminal defense attorney, contact us today to schedule a free phone consultation.
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