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For the first time in nearly four years, there is a fully staffed, fully functioning United States Sentencing Guidelines Commission.  They have published a list of priorities for the 2022-23 cycle and are soliciting public comments until Oct. 17, 2022.  But many may not realize just how consequentional some of the proposed changes could be.  Therefore, helping us get Set For Sentencing, in an unprecedented double header, our returning champion, Mark Allenbaugh of Sentencingstats.com!

IN THIS EPISODE:

• federal sentencing guidelines overview;
• The inside scoop on the commission;
• The need to expand arguments for early release;
• Congress’s role in directing or ratifying guideline amendments;
• How the guidelines account for past criminal history and proposed amendments to those provisions;
• Revisiting the Commission’s original mandate to avoid custodial sentences when possible for all non-violent offenders;
• The one sentencing statute (besides 3553) that every federal defendant must invoke as often as possible,
• How guideline amendments can help fix overcrowding;
• It’s time to stop courts from using acquitted conduct against a client at sentencing;
• Things not on the Commission’s priority list that should be;
• Last but not least – what can YOU DO to make your voice heard (see link below).

LINKS:

FEDERAL REGISTER NOTICE OF PROPOSED 2022-2023 PRIORITIES

SUMMARY: As part of its statutory authority and responsibility to analyze sentencing issues, including operation of the federal sentencing guidelines, and in accordance with Rule 5.2 of its Rules of Practice and Procedure, the United States Sentencing Commission is seeking comment on possible policy priorities for the amendment cycle ending May 1, 2023.

DATES: Public comment should be received by the Commission on or before October 17, 2022.

ADDRESSES: Comments should be sent to the Commission by electronic mail or regular mail. The email address is pubaffairs@ussc.gov(link sends e-mail). The regular mail address is United States Sentencing Commission, One Columbus Circle, NE, Suite 2 500, South Lobby, Washington, DC 20002 8002, Attention: Public Affairs – Priorities Comment.

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