Comments in Response to the U.S. Sentencing Commission: Proposed Amendment for Sentencing Guidelines

Sentencing Guidelines for the Court; Proposed Amendment 2018-27505 Amending § 4B1.2

NCLA applauds the Sentencing Commission’s desire to rectify serious issues pertaining to the Guidelines. NCLA does not take a position regarding the appropriate definition of the terms “crime of violence” or “controlled substance offense” or whether a categorical approach should be utilized. Id. at 65401. Instead, NCLA agrees that the amendment correctly proposes to move the inchoate offenses provision from the Commentary to § 4B1.2 to the Guidelines themselves as a new subsection (c). Id. at 65413. NCLA writes to stress that this change is constitutionally required and therefore ought to be adopted by the Commission.

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February 19, 2019