U.S. Sentencing Commission votes to publish proposed supervised-release and drug-guideline amendments, and a fentanyl issue for public comment
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The U.S. Sentencing Commission voted at a meeting to publish three proposed guideline items for public comment: a supervised-release amendment, a multipart drug-offenses amendment, and an issue for comment addressing fentanyl, fentanyl analogs and other opioids.
The measures were approved by voice vote after the general counsel described each proposal; the meeting record states the supervised-release and drug-offense publication motions, and the fentanyl issue-for-comment motion, were each adopted and that "at least 3 commissioners voted in favor". Commissioners provided no substantive discussion on the motions before voting.
The proposed supervised-release amendment would revise the Commission's policies in Part D of Chapter 5 (imposition of a term of supervised release) and Part B of Chapter 7 (procedures for handling violations of probation and supervised release). The proposal contains two parts that the Commission is considering separately or together. The Commission approved a motion to publish that proposal with an original public comment deadline of March 3, 2025, a reply-comment deadline of March 18, 2025, and authority for staff to make technical and conforming edits before publication.
The proposed drug-offenses amendment contains five parts (labeled a through e). Those parts include options and issues for comment addressing USSG §2D1.1 (the drug-quantity table) — including proposals to lower the highest base offense level, to add a specific-offense characteristic to account for low-level trafficking functions, to address offenses involving ICE, and to address purity distinctions for methamphetamine — as well as revisions to the fentanyl enhancement in §2D1.1(b)(13) and an application provision that would touch on machine guns. Part e would amend §5C1.2 (limitations on the applicability of statutory minimums) to address how a defendant may satisfy the requirement of providing truthful information and evidence to the government. The Commission voted to publish the drug-offenses proposal with an original comment deadline of March 3, 2025, a reply-comment deadline of March 18, 2025, and technical-and-conforming-edit authority for staff.
Separately, the Commission approved publication of an "issue for comment" focused on fentanyl, fentanyl analogs, and other opioids. The general counsel said the proposal responds to stakeholder feedback and Department of Justice submissions about whether the guidelines appropriately account for factors specific to fentanyl-related offenses. The public comment period for that issue will close May 1, 2025; staff were authorized to make technical and conforming edits.
The general counsel advised the Commission on each item before the votes. The meeting record identifies several named commissioners in attendance and leadership roles, including Vice Chair Claire Murray, Vice Chair Laura Mait, Scott Meisler (ex officio, Office of the Attorney General), Vice Chair Luis Felipe Restrepo, and Commissioner Candace Wong. The record does not show roll-call votes by name for the published motions; each motion was adopted by voice vote and the minutes note at least three commissioners voted in favor. The meeting concluded with no further business and an adjournment by voice vote.
These publications are a procedural step: publishing proposed amendments and issues for comment opens a Federal Register comment period; the Commission will receive public and stakeholder submissions before deciding whether to promulgate final amendments.
The measures were approved by voice vote after the general counsel described each proposal; the meeting record states the supervised-release and drug-offense publication motions, and the fentanyl issue-for-comment motion, were each adopted and that "at least 3 commissioners voted in favor". Commissioners provided no substantive discussion on the motions before voting.
The proposed supervised-release amendment would revise the Commission's policies in Part D of Chapter 5 (imposition of a term of supervised release) and Part B of Chapter 7 (procedures for handling violations of probation and supervised release). The proposal contains two parts that the Commission is considering separately or together. The Commission approved a motion to publish that proposal with an original public comment deadline of March 3, 2025, a reply-comment deadline of March 18, 2025, and authority for staff to make technical and conforming edits before publication.
The proposed drug-offenses amendment contains five parts (labeled a through e). Those parts include options and issues for comment addressing USSG §2D1.1 (the drug-quantity table) — including proposals to lower the highest base offense level, to add a specific-offense characteristic to account for low-level trafficking functions, to address offenses involving ICE, and to address purity distinctions for methamphetamine — as well as revisions to the fentanyl enhancement in §2D1.1(b)(13) and an application provision that would touch on machine guns. Part e would amend §5C1.2 (limitations on the applicability of statutory minimums) to address how a defendant may satisfy the requirement of providing truthful information and evidence to the government. The Commission voted to publish the drug-offenses proposal with an original comment deadline of March 3, 2025, a reply-comment deadline of March 18, 2025, and technical-and-conforming-edit authority for staff.
Separately, the Commission approved publication of an "issue for comment" focused on fentanyl, fentanyl analogs, and other opioids. The general counsel said the proposal responds to stakeholder feedback and Department of Justice submissions about whether the guidelines appropriately account for factors specific to fentanyl-related offenses. The public comment period for that issue will close May 1, 2025; staff were authorized to make technical and conforming edits.
The general counsel advised the Commission on each item before the votes. The meeting record identifies several named commissioners in attendance and leadership roles, including Vice Chair Claire Murray, Vice Chair Laura Mait, Scott Meisler (ex officio, Office of the Attorney General), Vice Chair Luis Felipe Restrepo, and Commissioner Candace Wong. The record does not show roll-call votes by name for the published motions; each motion was adopted by voice vote and the minutes note at least three commissioners voted in favor. The meeting concluded with no further business and an adjournment by voice vote.
These publications are a procedural step: publishing proposed amendments and issues for comment opens a Federal Register comment period; the Commission will receive public and stakeholder submissions before deciding whether to promulgate final amendments.
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