The United States Sentencing Commission is an
independent agency
A regulatory agency (regulatory body, regulator) or independent agency (independent regulatory agency) is a government authority that is responsible for exercising autonomous dominion over some area of human activity in a licensing and regulati ...
of the
judicial branch
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
of the
U.S. federal government
The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a fed ...
.
It is responsible for articulating the
U.S. Federal Sentencing Guidelines for the federal courts. The Commission promulgates the
Federal Sentencing Guidelines
The United States Federal Sentencing Guidelines are rules published by the U.S. Sentencing Commission that set out a uniform policy for sentencing individuals and organizations convicted of felonies and serious (Class A) misdemeanors in the Unit ...
, which replaced the prior system of indeterminate sentencing that allowed trial judges to give sentences ranging from
probation
Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration.
In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...
to the maximum statutory punishment for the offense. It is headquartered in
Washington, D.C.
)
, image_skyline =
, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
The commission was created by the
Sentencing Reform Act
The Sentencing Reform Act, part of the Comprehensive Crime Control Act of 1984, was a U.S. federal statute intended to increase consistency in United States federal sentencing. It established the United States Sentencing Commission. It also abol ...
provisions of the
Comprehensive Crime Control Act of 1984.
The
constitutionality
Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
of the commission was challenged as a congressional encroachment on the power of the
executive
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive dir ...
but upheld by the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
in ''
Mistretta v. United States
''Mistretta v. United States'', 488 U.S. 361 (1989), is a case decided by the Supreme Court of the United States, United States Supreme Court concerning the constitutionality of the United States Sentencing Commission.
Background
John Mistretta wa ...
'', .
The U.S. Sentencing Commission was established by
Congress
A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...
as a permanent, independent agency within the judicial branch.
The seven members of the Commission are
appointed by the
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
and
confirmed
In Christian denominations that practice infant baptism, confirmation is seen as the sealing of the covenant created in baptism. Those being confirmed are known as confirmands. For adults, it is an affirmation of belief. It involves laying on ...
by the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
, for a term of six years.
The
Judicial Conference
The Judicial Conference of the United States, formerly known as the Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial cour ...
offers names of potential nominees to the President for nomination. Commission members may be reappointed to one additional term, also with the advice and consent of the Senate. Some Commission members have been appointed to finish out the term of prior members instead of starting their own 6-year term, and therefore, not all Commission members have served six years or more. Three of the members must be
federal judges, and no more than four may belong to the same
political party
A political party is an organization that coordinates candidates to compete in a particular country's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific political ideology ...
.
The
Attorney General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
or his designee and the chair of the
United States Parole Commission The United States Parole Commission is the parole board responsible for granting or denying parole to, and supervising the parole releases of, incarcerated individuals who fall under its jurisdiction. It is part of the United States Department of J ...
sit as ''
ex officio
An ''ex officio'' member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by right ...
'', non-voting members of the Commission.
The Commission requires a quorum of at least four voting members in order to promulgate amendments to the Sentencing Guidelines.
The Commission lacked full membership from 2014 to 2022. On August 4, 2022, the Senate confirmed President Biden's seven nominees to the Commission; all the confirmed members were sworn in the next day.
Current membership
:
Former membership
As listed on the U.S. Sentencing Commission's website:
"Drugs Minus Two Amendment"
On April 10, 2014, the Commission unanimously voted to approve the "Drugs Minus Two Amendment."
The "Drugs Minus Two Amendment" changed the
U.S. Federal Sentencing Guidelines to "reduce the applicable sentencing guideline range for most federal drug trafficking offenses."
The Commission voted to make the Amendment retroactive on July 18, 2014, "thereby allowing eligible offenders serving a previously imposed term of imprisonment to file a motion under 18 U.S.C. § 3582(c)(2) for a sentence reduction."
2015 actions
After a visit to a federal prison in Oklahoma by President
Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
in July 2015, the Commission issued new retroactive sentencing guidelines in October which lowered sentences for many drug offenders. The sentencing panel estimated that roughly 46,000 of 100,000 drug offenders serving federal sentences would qualify for early release. 6,000 would be released in November but
1/
3 of those inmates were to be turned over to
I.C.E. for deportation proceedings. The commission's change represents an overall change in prosecution of drug-related offences. In response to the change, senators, in a bipartisan effort, are attempting to reduce minimum sentences for these offenses.
Judicial Conference of the United States Commissioner Candidate Suggestions
In April 2021, the
Judicial Conference of the United States
The Judicial Conference of the United States, formerly known as the Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial cour ...
sent the following candidate suggestions to
President Biden: Judge
Luis Felipe Restrepo
Luis Felipe Restrepo (born 1959), known commonly as L. Felipe Restrepo, is a United States circuit judge of the United States Court of Appeals for the Third Circuit and former United States district judge of the United States District Court for th ...
(to represent a Democrat seat), Judge
Denise Jefferson Casper (Democrat seat), Judge
Abdul Kallon
Abdul Karim Kallon (born April 5, 1969) is an American lawyer who is a former United States federal judge, United States district judge of the United States District Court for the Northern District of Alabama. He is a former nominee to be a Unit ...
(Democrat seat), Judge
Carol Bagley Amon (Republican seat), Judge
Federico Moreno
Federico A. Moreno (born April 10, 1952) is a senior United States district judge of the United States District Court for the Southern District of Florida.
Early life and education
Moreno was born in Caracas, Venezuela, the son of Francis ...
(Republican seat), and Judge
Michael Seabright (Republican seat).
Past Presidential Commissioner Nominations
President Barack Obama Nominees
On April 20, 2009, President Barack Obama nominated
William K. Sessions III, of Vermont, to be Chair of the Commission.
On July 23, 2009,
President Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
nominated
Ketanji Brown Jackson
Ketanji Onyika Brown Jackson ( ; born September 14, 1970) is an American jurist who serves as an associate justice of the Supreme Court of the United States. Jackson was nominated to the Supreme Court by President Joe Biden on February 25, 202 ...
to be a Commissioner.
On April 28, 2010,
President Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
nominated Judge
Patti B. Saris as Commissioner and Chair, and nominated
Dabney Langhorne Friedrich as a Commissioner (for a second term).
In April 2012,
President Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
nominated Senior District Judge
Charles R. Breyer
Charles Roberts Breyer (born November 3, 1941) is an American attorney and jurist serving as a United States federal judge, Senior United States district judge of the United States District Court for the Northern District of California. Breyer se ...
of the United States District Court for the Northern District of California as a Commissioner.
In April 2013,
President Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
nominated
Rachel Elise Barkow, of New York, to be a Member of the United States Sentencing Commission;
Charles R. Breyer
Charles Roberts Breyer (born November 3, 1941) is an American attorney and jurist serving as a United States federal judge, Senior United States district judge of the United States District Court for the Northern District of California. Breyer se ...
, of California, to be a Member of the United States Sentencing Commission; and
William H. Pryor Jr., of Alabama, to be a Member of the United States Sentencing Commission.
On September 9, 2015, President Barack Obama nominated Judge
Richard Franklin Boulware II and Judge
Charles R. Breyer
Charles Roberts Breyer (born November 3, 1941) is an American attorney and jurist serving as a United States federal judge, Senior United States district judge of the United States District Court for the Northern District of California. Breyer se ...
as Commissioners.
On March 15, 2016,
President Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
nominated Judge
Danny C. Reeves
Danny Clyde Reeves (born August 1, 1957) is the Chief United States district judge of the United States District Court for the Eastern District of Kentucky.
Early life and education
Born in Corbin, Kentucky, Reeves received a Bachelor of Arts d ...
as a Commissioner.
On January 17, 2017,
President Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
nominated
Charles R. Breyer
Charles Roberts Breyer (born November 3, 1941) is an American attorney and jurist serving as a United States federal judge, Senior United States district judge of the United States District Court for the Northern District of California. Breyer se ...
for reappointment and
Danny C. Reeves
Danny Clyde Reeves (born August 1, 1957) is the Chief United States district judge of the United States District Court for the Eastern District of Kentucky.
Early life and education
Born in Corbin, Kentucky, Reeves received a Bachelor of Arts d ...
as a Commissioner.
President Donald Trump Nominees
In March of 2018,
President Donald Trump
Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021.
Trump graduated from the Wharton School of the University of Pe ...
said he intended to nominate four candidates to the Commission: "Judge
William Pryor of Alabama, Judge
Luis Felipe Restrepo
Luis Felipe Restrepo (born 1959), known commonly as L. Felipe Restrepo, is a United States circuit judge of the United States Court of Appeals for the Third Circuit and former United States district judge of the United States District Court for th ...
of Pennsylvania, Judge
Henry Hudson
Henry Hudson ( 1565 – disappeared 23 June 1611) was an English sea explorer and navigator during the early 17th century, best known for his explorations of present-day Canada and parts of the northeastern United States.
In 1607 and 160 ...
of Virginia and Georgetown University law professor William Graham Otis."
On August 12, 2020,
President Donald Trump
Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021.
Trump graduated from the Wharton School of the University of Pe ...
nominated five individuals to join the Sentencing Commission: Judge
K. Michael Moore, of Florida, as Chairman of the United States Sentencing Commission; Judge
Claria Horn Boom, of Kentucky, as a Commissioner of the United States Sentencing Commission; Judge
Henry E. Hudson, of Virginia, as a Commissioner of the United States Sentencing Commission; John G. Malcolm (Vice President for the Institute for Constitutional Government and the Director of the Meese Center for Legal & Judicial Studies at the
Heritage Foundation
The Heritage Foundation (abbreviated to Heritage) is an American conservative think tank based in Washington, D.C. that is primarily geared toward public policy. The foundation took a leading role in the conservative movement during the presiden ...
), as a Commissioner of the United States Sentencing Commission; and Judge
Luis Felipe Restrepo
Luis Felipe Restrepo (born 1959), known commonly as L. Felipe Restrepo, is a United States circuit judge of the United States Court of Appeals for the Third Circuit and former United States district judge of the United States District Court for th ...
, of Pennsylvania, as a Commissioner of the United States Sentencing Commission. In a blog post, Professor Douglas A. Berman questioned whether it was feasible for all five individuals to be confirmed, as the Commission can have no more than four members from any one political party, there was already one Republican member on the Commission at the time, and all five nominees appeared to be Republicans.
See also
*
Sentencing Act of 1987
References
External links
United States Sentencing CommissionUnited States Sentencing Commissionin the
Federal Register
The ''Federal Register'' (FR or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. It is published every weekday, except on feder ...
Interviews with first four Commission ChairsFrom the Hill to the Court to the Commission(Interview with Commission Chair Patti Saris, ''The Third Branch'' Sept. 2011)
Significant Dates and Decisions in the History of the Sentencing GuidelinesAnonymous hacks US Sentencing Commission, distributes filesRecords of the United States Sentencing Commission in the National Archives (Record Group 539)
{{authority control
Sentencing Commission
Sentencing commissions in the United States
1984 establishments in the United States