Why the Sentencing Commission Made No Guideline Changes in 2017

The U.S. Sentencing Commission did not adopt any changes to the federal sentencing guidelines in 2017 because it lacked enough voting members for almost three months of its yearly cycle. Acting Chair William Pryor announced this at an April 18, 2017 public hearing on alternatives to incarceration (prepared remarks; hearing page).

Update (October 2026): The Commission lost its quorum again from early 2019 until August 2022, so no amendments were adopted in those years either. One idea from the 2017 proposals, a lower range for some first-time offenders, was later adopted: effective November 1, 2023, USSG §4C1.1 gives a 2-level reduction to certain "zero-point offenders" (people with no criminal history points). See the 2023 amendments.

Why there were no changes

The Commission needs four voting members (a quorum) to adopt amendments. For almost three months of the 2016-2017 cycle, it had only two.

By law, the Commission must send any amendments to Congress by May 1 each year, and Congress then has 180 days to review them. Judge Pryor explained that the gap left too little time to hold a hearing, review public comments, and vote by the deadline. Normally, the Commission would have held a public hearing on the proposals in March. With only two voting commissioners, it put off the hearing until it had a quorum again.

Here is what Judge Pryor said in his prepared remarks:

"Although the Commission again has the four voting members required to promulgate guideline amendments, the lack of a voting quorum for almost three critical months of our amendment cycle means we will not be able to promulgate amendments this year.

Those who closely follow us know that in December, we voted to publish several proposed amendments for comment, among them an amendment that would add a downward adjustment and encourage the use of alternatives for some first-time offenders, and amendments that would respond to recommendations made by the Tribal Issues Advisory Group regarding how tribal offenses and juvenile sentences are considered. The public comment period has closed.

We received a great deal of thoughtful public comment, which can be reviewed on our website. We thank the public for taking the time to give careful consideration to these proposals.

Ordinarily, we would have received testimony about the proposed amendments at a public hearing in March. But with only two voting commissioners we deferred scheduling a hearing until a reconstituted Commission was formed. By statute, the Commission is required to submit any amendments to the guidelines to Congress by May 1st for a 180-day congressional review period. Because we did not have a voting quorum for almost three months, there simply is not enough time for us to schedule a public hearing on the proposed amendments, digest the public comment, deliberate, and hold a public vote by the statutory deadline.

Therefore, this year we will not promulgate any amendments to the guidelines. But our data analysis, legal research, and public comment on these proposed amendments should provide us a sound basis for considering guideline amendments as early as possible during the next amendment cycle."

What was on the table

In December 2016, the Commission had published several proposals for public comment, including:

• A downward adjustment for some first-time offenders, along with encouraging alternatives to prison.
• Changes recommended by the Tribal Issues Advisory Group on how tribal court convictions and juvenile sentences count.

The comment period had closed, and the comments are on the Commission's website. Judge Pryor said that research and public input would help the Commission consider these ideas in the next amendment cycle.

Why it matters

When this article was written in 2017, the author was not aware of any earlier year in which the Commission failed to adopt amendments during its regular cycle.

The Commission writes the U.S. Sentencing Guidelines, which federal judges must consider when deciding a sentence. When it cannot act, changes that could lower sentences are delayed. Learn more about what the sentencing guidelines are.

Amendments that do pass usually take effect on November 1, and only some apply to people already sentenced. A guideline cut helps someone already in prison only if the Commission makes it retroactive, and then the request is made by motion under 18 U.S.C. § 3582(c)(2).

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