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News from the U.S. Sentencing Commission
Sentencing Commission's Work Reviewed
in Oversight Hearing
The Chairman of the House Subcom-
mittee on Crime urged the Sentencing
Commission not to be chilled in its
guideline reform efforts by congressio-
nal rejection of two Commission pro-
posals. The comments came during an
oversight hearing December 14, 1995,
on the Commission and the federal sen-
tencing guidelines, part of a routine
oversight process established by Chair-
man Bill McCollum (R-FL) to review
the work of the various components of
the federal criminal justice system. The
subcommittee has held oversight hear-
ings in previous months on offices
within the Department of Justice, in-
cluding the Criminal Division and the
Federal Bureau of Prisons.
In his opening statement, Chairman
McCollum characterized the guidelines
as a complicated, finely-tuned system
that has done a superb job of accom-
plishing the objective of federal sen-
tencing uniformity.
At the same time, he urged the Com-
mission to continue the evolutionary
process envisioned by the Sentencing
Reform Act to improve the guidelines.
I would hope that what we did in re-
jecting the crack cocaine and money
laundering [amendments] does not put
any chilling effect on your efforts to try
to make reforms, he said.
Rep. John Conyers (D-MI), ranking
minority member on the full House
Judiciary Committee, commented that
Congress, in creating the Sentencing
Commission and mandatory minimum
penalties, has developed a system that
locks up more of its people than un-
der any system ever devised in re-
corded civilization. He went on to
express concern about whether a Com-
mission should continue to exist that dis-
regards the reality as prominently as it
has since it's been created, but recog-
nized the part Congress plays in increas-
ing penalties.
Sentencing Commission Chairman
Richard P. Conaboy, accompanied by
Staff Director Phyllis J. Newton and
General Counsel John R. Steer, focused
his remarks primarily on three issues:
first, the vital role the guidelines play in
effective crime control and sentencing
policies; second, the Commission's on-
going role as an independent, expert
agency to assist the Congress and the Senator Edward M. Kennedy ac
executive branch in evaluating and devel- capacity crowd at the Commiss
oping those policies; and third, continu- Symposium on Crime and Puni
ing Commission efforts to make the United States. For more symp
guideline system more effective. turn to page 2.
(See Hearing on page 8)
Guideline Amendments Take Effect Nov. 1
C 1995 MH Photography
ddresses a
sion's second
shment in the
osium highlights,
An unusual amendment cycle came to a close November 1, 1995, with enactment
of a series of guideline amendments that respond, in large measure, to legislation
contained in the 1994 Crime Bill. One day prior to the amendments taking effect,
President Clinton signed legislation passed by the House and Senate to disapprove
two proposed amendments - equalization of base penalties for crack and powder
cocaine, and revision and consolidation of the money laundering guidelines (see
story, page 7). This is the first time in the Commission's history that guideline
amendments submitted to Congress for review have been disapproved prior to
taking effect.
The Commission did not publish a new Guidelines Manual at the normal time this
year because of the uncertainty surrounding the fate of these two amendments. The
revised Manual was delivered to judges, probation officers, assistant U.S.
attorneys, and federal defenders in mid-December.
(See Amendments on page 7)
January 1996](ViewImageLocal?handle=hein.usfed/gdlusc1996&div=1&collection=&method=preview&ext=.png&size=3)