7/19/10 - Federal guidelines update! Recency and retroactivity
FAMM is getting lots of questions about proposed amendments to the federal sentencing guidelines that would go into effect on November 1. Proposed amendment 5 would change the way criminal history is calculated and eliminate the guideline rule about recency. Eliminating the recency rule will lower sentences in some, but not all circumstances. Read more
7/2/10 - FAMM submits priorities letter to Sentencing Commission
Download FAMM's comments on proposed federal sentencing guideline amendments for 2011. Read more
6/10/10 - U.S. Sentencing Commission surveys judges
On June 9, the U.S. Sentencing Commission released the results of a survey of federal judges. Among many interesting findings, the results show that a majority of judges think mandatory minimums are too long, that the safety valve needs to be expanded, and that the current advisory guidelines system is the best system for achieving the purposes of punishment at sentencing. While the judges didn’t agree about everything, there was clear – and sometimes surprising – consensus on more than one point. Read more
6/4/10 - New factsheet
Want to understand how the U.S. Sentencing Commission makes changes to the guidelines? Read our new factsheet, Federal Sentencing Guideline Amendments in a Nutshell!
5/27/10 - FAMM challenges U.S. Sentencing Commission to continue leadership role on mandatory minimums
On May 27, the U.S. Sentencing Commission, which heard testimony from 17 experts, including DOJ and FAMM, on mandatory minimums. FAMM president Julie Stewart urged the Commission to lead the charge against mandatory minimum sentences and told the stories of several FAMM members. Thanks to the members who came from as far away as South Carolina to attend! Read Julie's testimony, FAMM's press release, our tweets from the hearing and testimony from other witnesses.
5/1/10 - Commission to FAMM: Tell us what you think
The United States Sentencing Commission invited FAMM’s Julie Stewart to testify at a hearing in Washington, D.C. on mandatory minimums on May 27. Click here to view the agenda for the hearing, which begins at 8:30 am. Read more about what FAMM will say at the hearing.
4/29/10 – President Obama filling seats on U.S. Sentencing Commission
On April 28, the President nominated Judge Patti Saris as Commissioner and Chair of the United States Sentencing Commission and Dabney Langhorne Friedrich as Commissioner on the United States Sentencing Commission. Judge Saris serves as a judge for the United States District Court for the District of Massachusetts, a position she has held since 1994. Ms. Friedrich was an associate White House counsel under President George W. Bush, worked for Sen. Orrin Hatch and was an assistant United States Attorney before becoming a member of the U.S. Sentencing Commission in 2006. The nominations must now be confirmed by the U.S. Senate. For more information, please read the press release posted on the White House website.
4/13/10 - U.S. Sentencing Commission Statistics for FY 2009
The U.S. Sentencing Commission just released its annual statistics. For those who are interested, here are some of the big numbers we usually end up talking about here at FAMM. Read more
3/22/10 - FAMM comments on Sentencing Commission proposed amendments
Download FAMM's comments on proposed federal sentencing guideline amendments for 2010, which include support for increased alternatives to incarceration. Read more
2/12/10 - Senate confirms new member of U.S. Sentencing Commission
The United States Senate confirmed Ketanji Brown Jackson as a member of the United States Sentencing Commission on February 11, 2010, and President Barack Obama designated her a vice chair on February 12, 2010. President Obama nominated Ms. Jackson to serve on the Commission on July 23, 2009. For more information, please follow this link the U.S. Sentencing Commission’s press release: http://www.ussc.gov/PRESS/rel20100216.htm
1/12/10 - U.S. Sentencing Commission seeking public comment
On January 12, the United States Sentencing Commission voted to seek public input on proposed guideline amendments and issues for comment on a wide range of topics, including alternatives to incarceration, the relevance of specific offender characteristics to sentencing, and penalties for hate crimes. The 60-day public comment period runs through mid-March 2010, and a public hearing on the proposed amendments is scheduled in Washington, D.C., on March 17, 2010. FAMM will submit comment to the Commission on some of the proposed amendments and publish our comments here as soon as they are available.
To read more about the proposed amendments, see the U.S. Sentencing Commission press release on the amendments, click here.
To read the amendments, click here.
11/09 - Sentencing Commission to report on mandatory minimum sentencing
Nearly 20 years after its groundbreaking report condemning mandatory minimum sentencing, the United States Sentencing Commission will publish a new mandatory minimum report in 2010. While the Commission has made a mandatory minimum report one of its potential priorities for the last several years, it was a directive from Congress that moved the completion of the report to the forefront. Congress, in the National Defense Authorization Act, directed the Commission to produce the report which would, among other things, assess:
• the effect of federal mandatory minimums on the goal of eliminating unwarranted disparity;
• the compatibility of mandatory minimums and advisory guidelines;
• the interaction between mandatory minimums and plea agreements; and
• mechanisms, other than mandatory minimums, that the Commission can use to address sentencing policy.
FAMM is looking forward to the report, and will encourage the Commission to reiterate its strong opposition to mandatory minimums and refrain from recommendations that would undermine the current advisory guideline system.
11/5/09 - Senate weighing nomination of new member to the U.S. Sentencing Commission
The Senate is currently considering Ketanji Brown Jackson to be a member of the U.S. Sentencing Commission. Jackson was nominated by President Obama on July 23, 2009. A Senate Judiciary Committee hearing to consider the nomination was held on October 7, 2009. An archived webcast is available here.
On November 5, 2009, the Judiciary Committee ordered the nomination reported to the Senate for consideration. She has not yet received a vote in the full Senate. Senate confirmation is the final step for appointment to the Commission.
Jackson is Of Counsel at Morrison & Foerster, LLP in Washington, D.C., where she has worked since 2007. From 2005 to 2007, she was an Assistant Federal Public Defender in the District of Columbia. From 2003 to 2005, Ms. Jackson served as Assistant Special Counsel to the U.S. Sentencing Commission. From 1998 to 1999 and 2000 to 2003, Ms. Jackson was in private practice. Ms. Jackson served as law clerk to the Honorable Patti B. Saris (U.S. District Court of Massachusetts), the Honorable Bruce M. Selya (U.S. Court of Appeals for the First Circuit), and the Honorable Stephen G. Breyer (U.S. Supreme Court). Ms. Jackson graduated from Harvard College (1992) and Harvard Law School (1996).
10/29/09 - New Sentencing Commission chair sworn in
Leading the effort is the Commission’s new chair, Judge William K. Sessions, III, who was confirmed on October 29 and will serve until the end of the current Congress in 2010. Judge Sessions has served the Commission as a vice chair since he joined the body in 1999. He has been a strong champion for crack cocaine sentencing reform. Judge Sessions is the Chief Judge of the District of Vermont.
9/4/09 - U.S. Sentencing Commission publishes priorities
The U.S. Sentencing Commission on September 3 published their list of priorities for the amendment cycle ending May 1, 2010. Included in their priorities are possible a study of and possible report to Congress on, statutory mandatory minimum penalties, including a review of the operation of the “safety valve” provision at 18 U.S.C. § 3553(e), and a possible study and report on the appellate standard of review applicable to post-Booker federal sentencing decisions. To read more about the Commission’s priorities, follow this link: http://www.ussc.gov/FEDREG/20090903_FinalPriorities.pdf
8/17/09 - USSC seeks comments on policy priorities
The United States Sentencing Commission is seeking comment on possible priority policy issues for the amendment cycle ending May 1, 2010. Priorities include: soliciting information regarding federal sentencing practices; continuation of work in support of crack cocaine sentencing reform; consideration of alternatives to incarceration; review of child pornography offenses and sentencing; and, potentially, a study of statutory mandatory minimum penalties. The USSC is soliciting public comment on proposed priorities through August 24, 2009. FAMM will submit comment to the USSC on the proposed priorities. To see the USSC’s stated priorities and to learn more about how to submit comments, please follow this link:
http://www.ussc.gov/FEDREG/20090618_Proposed_Notice_Priorities.pdf
To read FAMM's recommendations on the Sentencing Commission's 2009 policy priorities, click here.
8/1/09 - Public hearings on sentencing policy continue
The United States Sentencing Commission announced the schedule for the remaining regional public hearings designed to review federal sentencing policy. The Commission has held regional public hearings in Atlanta, GA (February 10-11, 2009), Paolo Alto, CA (May 27-28, 2009) and New York, NY (July 9-10, 2009). The Commission will hold additional hearings in Chicago, IL (September 9-10, 2009), Denver, CO (October 20-21, 2009), Austin, TX (November 19-20, 2009) and Phoenix, AZ (January 20-21, 2010). For more information about the regional public hearings or to see transcripts from the hearings, please refer to the Commission’s website: www.ussc.gov
7/14/09 - USSC Releases New Data on Mandatory Minimums
Ahead of a House Judiciary hearing on mandatory minimums July 14, the United States Sentencing Commission released an overview of statutory mandatory minimums. The report, divided into three sections, provides a statistical analysis of mandatory minimum use in 2008, including general demographic information, mandatory minimum relief, and information about mandatory minimum sentencing by offense.
The Commission identified 171 individual mandatory minimum provisions in the federal criminal code. In FY2008, there were 31,239 counts of convictions with a mandatory minimum imprisonment term; of those, drug (79.4 percent), and firearm offenses (11.3 percent) made up the majority. To read the report, follow this link: http://www.ussc.gov/MANMIN/man_min.pdf
5/26/09 - U.S. Sentencing Commission Regional Hearing, May 27-28
The U.S. Sentencing Commission announced the second in a series of regional public hearings on federal sentencing policy. The hearing is set for Stanford Law School on May 27-28, 2009. A schedule for subsequent, regional public hearings will be forthcoming from the Commission. Additional information about the regional public hearings will be posted on the Commission’s website at http://www.ussc.gov/.
5/22/09 - Summary of the USSC of Proposed Amendments
On May 1, 2009, the United States Sentencing Commission released its proposed amendments to the federal sentencing guidelines manual, effective November 1, 2009. The amendments proposed by the Commission would affect sentencing for various crimes, including identity theft, distribution of controlled substances over the internet, drug trafficking, public threats, human trafficking of illegal immigrants, counterfeiting, undue influence of a minor, and child pornography. Nearly all of the proposed amendments include some sort of base offense level enhancement under the sentencing guidelines, resulting in longer sentences for many crimes. Unless disapproved by an Act of Congress, the amendments will become effective on November 1, 2009. To read the proposed guideline amendments, please click here.
5/5/09 - FAMM attends U.S. Sentencing Commission data conference
From May 5-7, the USSC hosted a conference aimed towards helping people understand the data collection work of the Commission. Every year, the USSC compiles relevant data for all cases sentenced in federal courts and then analyzes that information using a variety of measures and criteria. At the conference, the USSC showed participants how they could gain access to and use the data for their own research purposes. The Commission also explained how they collect, interpret, and then integrate the data into creating and amending the sentencing guidelines. FAMM plans to use the data and new research tools gained at the conference to help illustrate the injustices caused by mandatory minimums. For more information on sentencing and the USSC, go to the USSC website, which is located at www.ussc.gov.
2/12/09 -- Testimony from U.S. Sentencing Commission hearing in Atlanta
Read Monica Pratt Raffanel's testimony to the U.S. Sentencing Commission on behalf of families and prisoners affected by mandatory minimum sentencing laws. Click here to download file.
2/2/09 -- United States Sentencing Commission to Conduct Regional Public Hearings on Federal Sentencing Policy
Series of Hearings Coincide with 25th Anniversary of Sentencing Reform Act
The United States Sentencing Commission is conducting a series of regional public hearings on federal sentencing policy. The Commission is holding these public hearings to gather feedback on federal sentencing practices and the operation of the federal sentencing guidelines. The first public hearing in this series is scheduled to be held in Atlanta, Georgia, February 10-11, 2009. A schedule for subsequent, regional public hearings across the country will be forthcoming from the Commission. Additional information about the regional public hearings will be posted on the Commission’s website at http://www.ussc.gov/. FAMM communication director Monica Pratt Raffanel will be testifying at the Atlanta hearing on February 11.
Archives
2008
2007
2006