2026-08088Notice

Sentencing Commission Proposes Overhauls to Federal Punishment Rules

Published Date: 4/24/2026

Notice

Summary

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 adjusting how sentences are decided, and the public has until June 18, 2026, to share their thoughts. While no direct money changes are announced yet, these updates aim to keep sentencing fair and clear.

Analyzed Economic Effects

4 provisions identified: 0 benefits, 4 costs, 0 mixed.

New unmanned aircraft sentence boosts

If you are convicted of a federal offense that involved using an unmanned aircraft, the Commission proposes a new guideline (Sec. 3B.1.6) that would raise the sentencing offense level. The proposal calls for a 6-level increase in some cases and a 4-level increase in other cases; two drafting options describe when the 6-level increase would apply.

Repeat airspace violations upgraded to felony

The SAFER SKIES Act makes repeated violations of 49 U.S.C. 46307 a felony for a second or subsequent conviction, adding a new maximum penalty of five years in prison. The Commission proposes to amend Appendix A so courts reference 49 U.S.C. 46307 to Sec. 2A5.2 (for the new felony) and Sec. 2X5.2 (for misdemeanor violations).

Extra prison time for drone contraband drops

The Act raises statutory maximum penalties under 18 U.S.C. 1791 by five years when someone "knowingly used an unmanned aircraft to provide a prohibited object to an inmate of a prison." The Commission proposes the new unmanned-aircraft adjustment and asks whether it should also amend Sec. 2P1.2 (Providing or Possessing Contraband in Prison) to address these cases.

Felony penalties doubled or +5 years if drone used

The Act provides that if someone is convicted of a felony (other than an offense based solely on operating an unmanned aircraft) and knowingly operated an unmanned aircraft during, in relation to, or in furtherance of that offense, the statutory maximum penalty for the offense is doubled or increased by five years, whichever is less. The Commission proposes guideline changes to implement Congress's direction to substantially increase sentencing ranges for offenses involving unmanned aircraft.

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Key Dates

Published Date
Comments Due
4/24/2026
6/18/2026

Department and Agencies

Department
Independent Agency
Agency
United States Sentencing Commission
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