Sentencing Guidelines for United States Courts
Published Date: 2/6/2026
Notice
Summary
The United States Sentencing Commission is proposing changes to the rules judges use to decide federal criminal sentences. These updates could affect anyone involved in federal court cases and might change how past sentences are handled. People have until March 18, 2026, to share their thoughts, and a public hearing might happen soon after.
Analyzed Economic Effects
5 provisions identified: 2 benefits, 0 costs, 3 mixed.
Zones B and C Expanded
The Commission proposes expanding Zones B and C in the Sentencing Table so more defendants could be eligible for probation or split sentences. Under the proposed redesignation, Zone B would include guideline ranges with a minimum of at least 4 months but not more than 46 months in Criminal History Category I, or at least 1 month but not more than 12 months in Criminal History Categories II–VI; Zone C would include minimums of 51–87 months (Category I), 15–18 months (Categories II–IV), and 15 months (Categories V–VI).
Career-Offender Definition Overhaul
The Commission proposes multiple changes to the career‑offender definitions in Sec. 4B1.2. For federal offenses the proposal would stop using the categorical approach and instead list specific federal statutes that qualify as a "crime of violence"; for state offenses it offers two alternative approaches (a label‑based list of offense labels, or a test allowing courts to look beyond element‑matching). The proposal also deletes the "force clause," includes exclusions/limitations, and would allow defendants to rebut a presumption by showing, for example, they served less than [60 days][30 days] in prison or their conduct was limited to reckless or negligent acts.
Possible Retroactive Sentence Reductions
The Commission asks for public comment on whether any of the proposed guideline amendments should be listed in Sec. 1B1.10(d) as eligible for retroactive application under 18 U.S.C. 3582(c)(2) and 28 U.S.C. 994(u). If adopted and made retroactive, some previously sentenced defendants could seek reductions based on amended guideline ranges.
New Rule for Choosing Sentence Type
If you are involved in a federal criminal case, the Commission proposes a new guideline (Sec. 5A1.1) that tells judges how to decide whether to impose probation, a fine, or imprisonment. The new rule directs courts to determine the guideline range and zone, consider which option best meets the purposes of sentencing (including factors in 18 U.S.C. 3553), and then follow the parts of Chapter Five for length and conditions.
Smuggling Guideline: Human Harm Factors
The Commission proposes amending Sec. 2L1.1 (Smuggling, Transporting, or Harboring an Unlawful Alien) to better account for factors such as the number of humans smuggled and whether the offense involved bodily injury or sexual assault. The proposal requests comment on how the guideline should reflect those factors.
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