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]
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.)
Judge, U.S. District Court, Northern District of Illinois
1999
2010
Beryl A. Howell
Executive 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.
2004
2012
Vice Chair, 2008–2012
William B. Carr, Jr.
Adjunct Professor of Law, Widener Law School, Wilmington, DE
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 States
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 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 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]
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