At its January meeting, the U.S. Sentencing Commission voted to publish three items for public comment: a proposed amendment on supervised release, a multipart proposed amendment addressing drug offenses, and a separate issue for comment focused on fentanyl, fentanyl analogs and other opioids.
The commission’s general counsel told the panel, “You have before you a proposed amendment on supervised release,” and outlined that the supervised-release proposal would amend Part D of Chapter 5 and Part B of Chapter 7 of the guidelines manual. The commission adopted a motion to publish that proposal with an original comment period closing March 3, 2025, and a reply comment period closing March 18, 2025, and granted staff technical and conforming amendment authority. The record states at least three commissioners voted in favor of the motion; no roll-call vote with individual names was entered into the record.
The commission next voted to publish a multipart proposed amendment addressing drug offenses. The general counsel described five parts (parts a through e) that would, among other things, propose changes to §2D1.1’s highest base offense level, add a specific-offense characteristic to address low‑level trafficking functions, address offenses involving ICE and purity distinctions in §2D1.1 and §2D11, revise the enhancement for fentanyl and fentanyl analogs (identified in the record as subsection B13), consider application of §2D1.1(b)(1) to machine guns, and amend §5C1.2 to clarify how a defendant may satisfy statutory-minimum safety‑valve requirements by providing truthful information to the government. The commission moved, seconded and adopted publication of the drug-offense amendment with the same comment and reply deadlines (original comment period closing March 3, 2025; reply comment period closing March 18, 2025) and technical and conforming amendment authority for staff. The record reflects at least three commissioners voted in favor; no roll-call with individual voter names was recorded.
Finally, the commission voted to publish an issue for comment specifically on fentanyl, fentanyl analogs and other opioids. The general counsel stated the commission has received stakeholder feedback and Department of Justice submissions raising questions about whether the guidelines appropriately account for factors specific to fentanyl offenses. The commission set a public comment period for that issue closing May 1, 2025, and granted staff technical and conforming amendment authority. The motion to publish the issue for comment was adopted with no discussion recorded and with at least three commissioners voting in favor, according to the meeting record.
All three votes were procedural votes to publish proposals or issues for public comment; none adopted final guideline changes. The meeting record shows no substantive debate on the motions—the chair called for motions, motions were made and seconded, and the commission voted by voice. The record repeatedly notes only that “at least three commissioners voted in favor” when each motion was adopted; individual commissioner votes were not entered into the transcript provided.
Votes at a glance:
- Proposed supervised-release amendment — Motion to publish adopted; original comment period closes March 3, 2025; reply comment period closes March 18, 2025; staff given technical/conforming authority. Outcome: adopted (record: at least three yea votes). Motion text (as provided to the commission): “A motion to publish the proposed supervised release amendment with an original comment period closing on March 3, 2025, and a reply comment period closing on March 18, 2025, and technical and conforming amendment authority to staff is appropriate at this time.”
- Proposed drug-offense amendment (parts a–e) — Motion to publish adopted; original comment period closes March 3, 2025; reply comment period closes March 18, 2025; staff given technical/conforming authority. Outcome: adopted (record: at least three yea votes). Motion text (as provided to the commission): “A motion to publish the drug offenses amendment with an original comment period closing on March 3, 2025, and a reply comment period closing on March 18, 2025, and technical and conforming amendment authority to staff is appropriate at this time.”
- Issue for comment on fentanyl, fentanyl analogs and other opioids — Motion to publish adopted; public comment period closes May 1, 2025; staff given technical/conforming authority. Outcome: adopted (record: at least three yea votes). Motion text (as provided to the commission): “A motion to publish this issue for comment with a public comment period closing on May 1, 2025, and technical and conforming amendment to staff would be appropriate at this time.”
The commission’s actions open the described proposals and issues to public comment; any final changes to the United States Sentencing Guidelines would depend on further staff work, the public comment record and subsequent commission action. The commission adjourned by unanimous voice vote following the published-item votes.