The United States Sentencing Commission has only one of its seven Commissioner seats filled at this time. It lacks a quorum to promulgate amendments to the sentencing guidelines, which requires an affirmative vote of at least four members of the Commission. But the Commission's staff of approximately 100 employees continues to turn out work product. Yesterday, the Commission released two primers about victims' rights and fedeal sentencing. Links to the primers and the Commission's description are below.
This primer provides a general overview of crime victims’ rights under the Crime Victims’ Rights Act (“CVRA”), as described in 18 U.S.C. § 3771, the related provisions of the Mandatory Victim Restitution Act (“MVRA”) and the Victim and Witness Restitution Act (“VWRA”), and the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018. The Sentencing Guidelines implement the CVRA through USSG §6A1.5 and the related restitution provisions through USSG §§5E1.1 and 8B1.1. Although the CVRA applies broadly to pretrial, trial, sentencing, and post-sentencing proceedings, this primer focuses primarily on its application to sentencing and post-sentencing issues, including revocations of probation, supervised release, habeas proceedings, and parole proceedings. This primer is not intended as a comprehensive compilation of case law or as a substitute for independent research and primary authority.
This primer provides a general overview of selected guideline issues related to victims in offenses sentenced under §2B1.1 (“Larceny, Embezzlement, and Other Forms of Theft; Offenses Involving Stolen Property; Property Damage or Destruction; Fraud or Deceit; Forgery; Offenses Involving Altered or Counterfeit Instruments Other than Counterfeit Bearer Obligations of the United States”). Although the primer identifies some of the relevant cases and concepts, it is not intended as a comprehensive compilation of the cases or analysis related to these issues.
Caution: the primers are not a substitute for independent research on behalf of your client. Controlling authority or legal interpretations in your district may be different, and circuit splits may exist among primary authorities.