US Sentencing Commission Seeks Input on Prison Time Tweaks
Published Date: 12/19/2025
Notice
Summary
The United States Sentencing Commission is updating the rules judges use to decide punishments in federal courts. These changes could affect people facing sentencing by possibly changing how past and future cases are handled. The public can share their thoughts by February 10, 2026, and a hearing might be held to discuss the updates.
Analyzed Economic Effects
10 provisions identified: 2 benefits, 2 costs, 6 mixed.
Methamphetamine Purity Rules Changed
The Commission proposes changing how methamphetamine is measured for sentencing. One option would use a single weight entry for methamphetamine (deleting separate "actual" and "Ice" entries) and bracketed thresholds include values such as 45 kg, 4.5 kg, 15 kg, and lower-tier values; another option would set baseline thresholds between current "mixture" and "actual" levels (examples shown: 25.2 kg, 8.4 kg, 2.8 kg) and allow reductions or increases based on listed factors. The proposal would also add a new -2 level reduction if the offense involved only non-smokable, non-crystalline methamphetamine.
New Fentanyl Sentencing Enhancements
The Commission proposes amendments to Sec. 2D1.1 to address the HALT Fentanyl Act's permanent scheduling of fentanyl-related substances and to add new sentencing enhancements for offenses involving fentanyl and fentanyl analogues. The notice asks for comment on those amendments and related issues.
Fraud Loss Table Restructuring
The Commission proposes restructuring the loss table at Sec. 2B1.1(b)(1) to simplify how loss is applied and proposes revising and adding specific offense characteristics to better reflect individual culpability and victim harm. The proposal invites comment on the restructuring and new characteristics.
Possible Retroactive Application to Past Sentences
The Commission requests comment on whether any proposed amendment should be made retroactive under 18 U.S.C. 3582(c)(2) and 28 U.S.C. 994(u) and included in subsection (d) of Sec. 1B1.10, which lists guideline amendments that courts may apply retroactively to previously sentenced defendants. Commenters are asked to address the purpose, magnitude of change, and difficulty of applying the amendment retroactively.
Fine Amounts Adjusted for Inflation
The Commission proposes updating the Guidelines Manual monetary tables and values to adjust for inflation, including the fine tables for individual defendants and organizational defendants. The amendment text and issues for comment are published for review.
Credit for Post‑Offense Rehabilitation
The Commission proposes adding Sec. 3E1.2 to provide a sentencing reduction if a defendant demonstrates positive post-offense behavior or rehabilitative efforts. Two options are presented for the adjustment and the notice asks for comment.
Simpler Rule for Multiple Counts Sentencing
The Commission proposes simplifying how courts determine the single offense level in cases with multiple counts by replacing five guidelines in Chapter Three, Part D with a single guideline at Sec. 3D1.1 that provides all steps needed to determine the single offense level. Comments are requested.
Sophisticated‑Means Sentencing Option
The Commission offers two options to address sophisticated criminal conduct: (A) create a new Chapter Three adjustment at Sec. 3C1.5 (Sophisticated Means) and delete Chapter Two specific offense characteristics that address sophisticated conduct; or (B) amend Chapter Two guidelines to provide updated and uniform guidance on sophisticated conduct. The notice requests comment on the options.
Updates Reflect New Federal Statutes
The Commission proposes amendments to Appendix A and relevant commentary to respond to several statutes: the TAKE IT DOWN Act (deepfakes) for Sec. 2A6.1, the FEND Off Fentanyl Act for Sec. 2S1.3, the Protecting Americans' Data from Foreign Adversaries Act for Sec. 2H3.1, the Foreign Extortion Prevention Technical Corrections Act for Sec. 2C1.1, and adding an Appendix A reference for 18 U.S.C. 1348 (securities and commodities fraud) to Sec. 2B1.4. These amendments align the Guidelines Manual with those statutes.
Remove Rarely‑Used Offense Characteristics
The Commission proposes deleting 26 specific offense characteristics from certain Chapter Two guidelines that were not applied at all in the last five fiscal years (using a 25‑year lookback), removing them from the Guidelines Manual. The proposal invites comment on that deletion.
Your PRIA Score
Personalized for You
How does this regulation affect your finances?
Sign up for a PRIA Policy Scan to see your personalized alignment score for this federal register document and every other regulation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
Related Federal Register Documents
2026-08647 — Sentencing Guidelines for United States Courts
The United States Sentencing Commission is updating the rules that judges use to decide punishments in federal courts. These changes, affecting anyone involved in federal cases, will take effect on November 1, 2026. The updates aim to keep sentences fair and clear, with no new costs for the public.
2026-08088 — Sentencing Guidelines for United States Courts
The United States Sentencing Commission is proposing changes to the rules that judges use to decide punishments in federal courts. These updates could affect anyone involved in federal cases by changing how sentences are decided. The public can share their thoughts by June 18, 2026, before the Commission finalizes any changes that might impact sentencing fairness and consistency.
2026-02441 — Sentencing Guidelines for United States Courts
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.
2025-23470 — Requests for Applications; Practitioners Advisory Group
The United States Sentencing Commission is looking for new members to join its Practitioners Advisory Group, specifically for the Ninth Circuit and D.C. Circuit seats. If you’re eligible and interested, send in your application by February 17, 2026. This is a great chance to help shape federal sentencing rules and have your voice heard in the justice system!
2025-15457 — Final Priorities for Amendment Cycle
The Commission just announced the final priorities for the amendment cycle ending May 1, 2026, after listening to public feedback. These priorities affect anyone involved in the amendment process and set clear goals to guide changes. Get ready to act before the May 2026 deadline, as these updates could impact your plans and funding opportunities.
2025-13772 — Requests for Applications; Practitioners Advisory Group
The U.S. Sentencing Commission is looking for new members to join its Practitioners Advisory Group. If you live in the Third, Sixth, or D.C. Circuit, or want to join as an at-large member, now’s your chance to apply by sending a letter and resume. Don’t wait—these spots are opening soon and it’s a great way to have your voice heard!
Previous / Next Documents
Previous: 2025-23472 — Privacy Act of 1974; Systems of Records
The Department of Justice’s Executive Office for Immigration Review is launching a new online system to manage a list of pro bono legal helpers. This system makes it easier for lawyers and organizations to apply, update info, and communicate with the government. The new system starts now, and folks have until January 20, 2026, to share their thoughts.
Next: 2025-23474 — Agency Information Collection Activities; Proposed Collection; Comment Request; Required Warnings for Cigarette Packages and Advertisements
The FDA wants your thoughts on how they collect info about cigarette warning labels on packs and ads. This affects tobacco companies who must follow these rules and helps keep smokers informed. You’ve got until February 17, 2026, to share your comments—no cost to you, just your voice!