United States Sentencing Commission

Last updated
United States Sentencing Commission
Seal of the United States Sentencing Commission.png
Seal of the United States Sentencing Commission
Agency overview
Formed1984
Jurisdiction United States Judiciary
Headquarters Thurgood Marshall Federal Judiciary Building Washington, D.C.
Employees100
Agency executive
Website www.ussc.gov

The United States Sentencing Commission is an independent agency of the judicial branch of the U.S. federal government. [1] It is responsible for articulating the U.S. Federal Sentencing Guidelines for the federal courts. The Commission promulgates the Federal Sentencing Guidelines, which replaced the prior system of indeterminate sentencing that allowed trial judges to give sentences ranging from probation to the maximum statutory punishment for the offense. It is headquartered in Washington, D.C.

Contents

The commission was created by the Sentencing Reform Act provisions of the Comprehensive Crime Control Act of 1984. [1] The constitutionality of the commission was challenged as a congressional encroachment on the power of the executive but upheld by the Supreme Court in Mistretta v. United States , 488 U.S. 361 (1989).

The U.S. Sentencing Commission was established by Congress as a permanent, independent agency within the judicial branch. [1] The seven members of the Commission are appointed by the President and confirmed by the Senate, for a term of six years. [1] The Judicial Conference offers names of potential nominees to the President for nomination. [2] 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. [3] Three of the members must be federal judges, and no more than four may belong to the same political party. [1] The Attorney General or his designee and the chair of the United States Parole Commission sit as ex officio , non-voting members of the Commission. [1] The Commission requires a quorum of at least four voting members in order to promulgate amendments to the Sentencing Guidelines. [4]

The Commission lacked full membership from 2014 to 2022. [5] 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. [6]

Current membership

As of August 2022: [7]

TitleMemberPartyOccupationDate appointedTerm expiration
Chair Carlton W. Reeves DemocraticJudge, United States District Court for the Southern District of Mississippi August 5, 2022October 31, 2027
Vice Chair L. Felipe Restrepo DemocraticJudge, United States Court of Appeals for the Third Circuit August 5, 2022October 31, 2025
Vice ChairLaura MateDemocraticDirector of Sentencing Resource CounselAugust 5, 2022October 31, 2027
Vice Chair Claire McCusker Murray RepublicanFormer Principal Deputy Associate Attorney General August 5, 2022October 31, 2027
Commissioner Claria Horn Boom RepublicanJudge, United States District Court for the Eastern District of Kentucky and the United States District Court for the Western District of Kentucky August 5, 2022October 31, 2023 [lower-alpha 1]
Commissioner John Gleeson DemocraticRetired Judge, United States District Court for the Eastern District of New York August 5, 2022October 31, 2023 [lower-alpha 1]
CommissionerCandice C. WongRepublicanAssistant United States Attorney, United States Attorney for the District of Columbia August 5, 2022October 31, 2027
(Ex officio Commissioner)
(non-voting)		Patricia K. CushwaActing Chair, United States Parole Commission ––
(Ex officio Commissioner)
(non-voting)
(Attorney General's designee)		Jonathan J. WroblewskiDirector, Office of Policy and Legislation, U.S. Department of Justice ––

Former membership

As listed on the U.S. Sentencing Commission's website: [8]

Former Members of the U.S. Sentencing Commission
TitleMemberOccupationDate appointedTerm expiration
Chairman William W. Wilkins, Jr. Judge, U.S. District Circuit, South Carolina; subsequently elevated to U.S. Court of Appeals, Fourth Circuit19851994
Stephen G. Breyer Judge, U.S. Court of Appeals, First Circuit (later Associate Justice of the Supreme Court of the United States)19851989
George E. MacKinnon Senior Judge, U.S. Court of Appeals, D.C. Circuit19851991
Ilene H. NagelProfessor of Law and Sociology, Indiana University School of Law19851994
Helen G. CorrothersMember, U.S. Parole Commission19851991
Michael K. BlockProfessor of Law and Economics, University of Arizona19851989
Paul H. RobinsonProfessor of Law, Rutgers Law School19851988
Vice Chair 1994–1996 A. David Mazzone Judge, U.S. District Court, D. Massachusetts19901996
Julie E. Carnes Assistant U.S. Attorney, N.D. Georgia. Subsequently was appointed as a federal district court judge for the Northern District of Georgia and continued to serve on the Commission.)19901996
Vice Chair 1994–1998Michael S. GelacakAttorney, McNair Firm, Washington, D.C.19901998
Chairman, 1994–1998 Richard P. Conaboy Senior Judge, U.S. District Court, Middle District of Pennsylvania19941998
Deanell R. Tacha Judge, U.S. Court of Appeals, Tenth Circuit19941998
Vice Chair, 1995–97 (holdover status ended 10/21/98)Michael GoldsmithProfessor of Law, Brigham Young University Law School19941998
Wayne A. BuddAttorney, Goodwin, Procter & Hoar, Boston, MA19941997
Joe Kendall Judge, U.S. District Court, N.D. Texas19992002
Sterling Johnson, Jr. Judge, U.S. District Court, E.D. New York19992002
Chair, 1999–2004 Diana E. Murphy Judge, U.S. Court of Appeals, 8th Circuit19992004
Michael E. O’NeillAssistant Professor, George Mason University School of Law19992005
Vice Chair, 1999 – 2007John R. SteerGeneral Counsel, U.S. Sentencing Commission19992007
Michael E. HorowitzAttorney, Cadwalader, Wickersham & Taft, Washington, DC20032008
Chair, 2009–2010; Vice Chair, 1999–2009 William K. Sessions III Judge and later elevated to Chief Judge, U.S. District Court, District of Vermont19992010
Vice Chair, 1999–2010 Ruben Castillo Judge, U.S. District Court, Northern District of Illinois19992010
Beryl A. HowellExecutive Managing Director and General Counsel, Stroz Friedberg, LLC, Washington, DC; subsequently appointed to the U.S. District Court, District of Columbia and later Chief Judge.20042012
Vice Chair, 2008–2012William B. Carr, Jr.Adjunct Professor of Law, Widener Law School, Wilmington, DE20082012
Chair, 2003–2010; Vice Chair, 2011–2014 Ricardo H. Hinojosa Judge and later Chief Judge, U.S. District Court, Southern District of Texas20032014
Vice Chair, 2010–2014 Ketanji Brown Jackson Attorney, Morrison & Foerster LLP, later appointed to Judge, U.S. District Court, District of Columbia; later appointed Associate Justice of the Supreme Court of the United States20102014
Dabney L. Friedrich Associate Counsel, Office of Counsel to the President, Washington, DC, later appointed to Judge, U.S. District Court, District of Columbia2006 according to USSC (February 28, 2007 according to Congress.gov [9] )2016
Chair, December 22, 2010 [10] -2016 Patti B. Saris Judge and later Chief Judge, U.S. District Court, District of MassachusettsDecember 22, 2010 [11] 2016
Acting Chair, January 3, 2017 [12] -2018 William H. Pryor Jr. Judge, U.S. Circuit Court, Eleventh Circuit Court of AppealsJune 6, 2013 [13] 2018
Rachel E. Barkow Segal Family Professor of Regulatory Law and Policy, New York University School of LawJune 2013 [14] 2018 according to USSC (January 2019 according to NYU Law [15] )
Danny C. Reeves Judge, and later Chief Judge, U.S. District Court, Eastern District of KentuckyMarch 21, 2017 [16] March 2021

"Drugs Minus Two Amendment"

On April 10, 2014, the Commission unanimously voted to approve the "Drugs Minus Two Amendment." [17] 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." [17] 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." [17]

2015 actions

After a visit to a federal prison in Oklahoma by President Barack Obama in July 2015, [18] 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. [19] [20] The commission's change represents an overall change in prosecution of drug-related offences. [21] In response to the change, senators, in a bipartisan effort, are attempting to reduce minimum sentences for these offenses. [22]

Judicial Conference of the United States Commissioner Candidate Suggestions

In April 2021, the Judicial Conference of the United States sent the following candidate suggestions to President Biden: Judge Luis Felipe Restrepo (to represent a Democrat seat), Judge Denise Jefferson Casper (Democrat seat), Judge Abdul Kallon (Democrat seat), Judge Carol Bagley Amon (Republican seat), Judge Federico Moreno (Republican seat), and Judge Michael Seabright (Republican seat). [23]

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. [24]

On July 23, 2009, President Barack Obama nominated Ketanji Brown Jackson to be a Commissioner. [25]

On April 28, 2010, President Barack Obama nominated Judge Patti B. Saris as Commissioner and Chair, and nominated Dabney Langhorne Friedrich as a Commissioner (for a second term). [26]

In April 2012, President Barack Obama nominated Senior District Judge Charles R. Breyer of the United States District Court for the Northern District of California as a Commissioner. [27] [28]

In April 2013, President Barack Obama nominated Rachel Elise Barkow, of New York, to be a Member of the United States Sentencing Commission; Charles R. Breyer, 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. [29]

On September 9, 2015, President Barack Obama nominated Judge Richard F. Boulware and Judge Charles R. Breyer as Commissioners. [30]

On March 15, 2016, President Barack Obama nominated Judge Danny C. Reeves as a Commissioner. [31]

On January 17, 2017, President Barack Obama nominated Charles R. Breyer for reappointment and Danny C. Reeves as a Commissioner. [32]

President Donald Trump Nominees

In March of 2018, President Donald Trump said he intended to nominate four candidates to the Commission: "Judge William Pryor of Alabama, Judge Luis Felipe Restrepo of Pennsylvania, Judge Henry Hudson of Virginia and Georgetown University law professor William Graham Otis." [33]

On August 12, 2020, President Donald Trump 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), as a Commissioner of the United States Sentencing Commission; and Judge Luis Felipe Restrepo, of Pennsylvania, as a Commissioner of the United States Sentencing Commission. [34] [35]

See also

Notes

  1. 1 2 Renominated to another six year term, expiring October 31, 2029. Nomination pending before Senate Judiciary Committee

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References

  1. 1 2 3 4 5 6 "An Overview of the United States Sentencing Commission" (PDF). United States Sentencing Commission. Archived from the original on 12 August 2006. Retrieved 9 August 2011.{{cite web}}: CS1 maint: bot: original URL status unknown (link)
  2. ↑ "Near-Vacant Sentencing Panel Gives Biden Chance for Fresh Start". news.bloomberglaw.com. Retrieved 2021-12-13.
  3. ↑ "PN34 – Nomination of Dabney Langhorne Friedrich for United States Sentencing Commission, 110th Congress (2007–2008)". www.congress.gov. 2007-02-28. Retrieved 2021-12-13.
  4. ↑ "Organization". United States Sentencing Commission. 2016-02-02. Retrieved 2021-12-13.
  5. ↑ "Former Commissioner Information". United States Sentencing Commission. 2013-10-28. Retrieved 2021-12-13.
  6. ↑ Alder, Madison (2022-08-04). "US Sentencing Commission Restocked After Senate Confirmations". Bloomberg Law . Retrieved 2022-08-04.
  7. ↑ "About the Commissioners".
  8. ↑ "Former Commissioner Information". United States Sentencing Commission. 2013-10-28. Retrieved 2021-12-09.
  9. ↑ "PN34 – Nomination of Dabney Langhorne Friedrich for United States Sentencing Commission, 110th Congress (2007–2008)". www.congress.gov. 2007-02-28. Retrieved 2021-12-13.
  10. ↑ "PN1713 – Nomination of Patti B. Saris for United States Sentencing Commission, 111th Congress (2009–2010)". www.congress.gov. 2010-12-22. Retrieved 2021-12-13.
  11. ↑ "PN1714 – Nomination of Patti B. Saris for United States Sentencing Commission, 111th Congress (2009–2010)". www.congress.gov. 2010-12-22. Retrieved 2021-12-13.
  12. ↑ "January 3, 2017". United States Sentencing Commission. 2016-12-28. Retrieved 2021-12-13.
  13. ↑ "PN324 – Nomination of William H. Pryor Jr. for United States Sentencing Commission, 113th Congress (2013–2014)". www.congress.gov. 2013-06-06. Retrieved 2021-12-13.
  14. ↑ "Rachel E. Barkow – Biography | NYU School of Law". its.law.nyu.edu. Retrieved 2021-12-13.
  15. ↑ "Rachel E. Barkow – Biography | NYU School of Law". its.law.nyu.edu. Retrieved 2021-12-13.
  16. ↑ "PN85 – Nomination of Danny C. Reeves for United States Sentencing Commission, 115th Congress (2017–2018)". www.congress.gov. 2017-03-21. Retrieved 2021-12-13.
  17. 1 2 3 U.S. Sentencing Commission (July 2020). "Retroactivity & Recidivism: The Drugs Minus Two Amendment" (PDF). U.S. Sentencing Commission. Retrieved December 14, 2021.
  18. ↑ "Obama Visits Federal Prison, A First For A Sitting President". NPR . Archived from the original on 2018-04-02. Retrieved 2018-04-04.
  19. ↑ "U.S. to release 6,000 federal prisoners – Washington Post". 6 October 2015. Archived from the original on 2015-10-27. Retrieved 2017-01-15.
  20. ↑ "U.S. to release 6,000 federal inmates as part of prison reform". 6 October 2015. Archived from the original on 7 October 2015. Retrieved 7 October 2015.
  21. ↑ "The US Is Going to Let Nearly 6,000 Drug Offenders Out of Federal Prison Early – VICE News". 6 October 2015. Archived from the original on 2015-10-13. Retrieved 2015-10-07.
  22. ↑ Project, The Marshall (7 October 2015). "What You Need To Know About The New Federal Prisoner Release". Archived from the original on 28 April 2017. Retrieved 4 March 2018– via Huff Post.
  23. ↑ "Near-Vacant Sentencing Panel Gives Biden Chance for Fresh Start". news.bloomberglaw.com. Retrieved 2021-12-14.
  24. ↑ "Presidential Nominations Sent To The Senate, 4-20-2009". whitehouse.gov. 2009-04-20. Retrieved 2021-12-14.
  25. ↑ "President Obama Nominates Ketanji Brown Jackson to U.S. Sentencing Commission". The White House. Retrieved 2021-12-14.
  26. ↑ "President Obama Nominates Two United States Sentencing Commission". The White House. Retrieved 2021-12-14.
  27. ↑ "Presidential Nominations Sent to the Senate". whitehouse.gov. 2012-04-25. Retrieved 2021-12-14.
  28. ↑ "Northern California Judge Nominated to U.S. Sentencing Commission". www.ca9.uscourts.gov. Retrieved 2021-12-14.
  29. ↑ "Presidential Nominations Sent to the Senate". whitehouse.gov. 2013-04-15. Retrieved 2021-12-14.
  30. ↑ "President Obama Nominates Two to Serve on the United States Sentencing Commission". whitehouse.gov. 2015-09-09. Retrieved 2021-12-14.
  31. ↑ "President Obama Nominates Judge Danny C. Reeves to Serve on the United States Sentencing Commission". whitehouse.gov. 2016-03-15. Retrieved 2021-12-14.
  32. ↑ "Presidential Nominations Sent to the Senate". whitehouse.gov. 2017-01-17. Retrieved 2021-12-14.
  33. ↑ "Trump announces slate of nominees for U.S. Sentencing Commission". Reuters. 2018-03-01. Retrieved 2021-12-14.
  34. ↑ "President Donald J. Trump Announces Intent to Nominate and Appoint Individuals to Key Administration Posts – The White House". trumpwhitehouse.archives.gov. Retrieved 2021-12-14.
  35. ↑ "Sentencing Law and Policy: Prez Trump finally announces full slate of (unlikely to be confirmed?) new nominees for the US Sentencing Commission". sentencing.typepad.com. Retrieved 2021-12-14.
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