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SENTENCING COMMISSION PROPOSES LONG-AWAITED METH GUIDELINES AMENDMENT

There was a time when the US Sentencing Commission held a work meeting in January during which it would sort through ideas for the coming November’s amendments, adopting some options for public comment. After a few months of written comments and public sessions, the USSC would roll out the proposed amendments just in time for its May 1 deadline to get the package to Congress.

Under USSC Chairman Carlton W. Reeves, a US District Judge from the Southern District of Mississippi, the schedule seems to have been accelerated. That’s not a bad thing. But at the same time, the meetings these days seem much shorter and bereft of any meaningful discussion. I’ve seen speed dating encounters last longer.

Last Friday, in a 25-minute session, the Commission adopted for public comment a 194-page proposal to amend guidelines in nine areas. For prisoners, the most important of these to prisoners would be the options to change the methamphetamine guidelines. One proposal (Option 1) is to simply eliminate the Guidelines distinction among a meth mixture, meth (actual), and high-purity ice. All meth would be scored the same.

An alternative option (Option 2) would be to keep the distinctions in the current meth Guidelines but offer reductions for people who had minor roles, who qualified for the 18 USC § 3553(f) safety valve, or who were involved only because of family relationships or duress.

For theft and economic crimes, the Commission wants public comment on a proposal to raise the loss tables (which drive the offense level) by an average of 40%, both to simplify application and to adjust for inflation (which was done last 11 years and a lot of price hikes ago – up about 31% since 2016, according to one cost-of-living calculator).

In a separate proposal, the USSC seeks comment on a proposal to “simplify” the USSG § 2B1.1 loss table by reducing it from 16 levels to 7, with jumps of 4 points for each level. Additionally, the Commission suggests a new § 2B1.1 enhancement to reflect noneconomic harm to victims, such as physical, psychological harm, emotional, and reputational damage, or invasion of privacy.

More interesting is a USSC request for comment on redefinition of the “sophisticated means” enhancement. Currently, “sophisticated means” is widely applied by courts to virtually any economic offense more complex than stealing a Salvation Army kettle. The Commission seeks to return the “sophisticated means” enhancement to what was originally intended, “committing or concealing an offense with a greater level of complexity than typical for an offense of that nature” and provide further guidance for courts to use when determining whether conduct fits the definition.

Finally, the USSC has suggested a post-offense rehabilitation adjustment when a defendant shows pre-sentencing positive behavior or rehabilitation, such as voluntary efforts at rehabilitation or attempts to make things right with the victims.

No one already sentenced should get hopes up yet. None of the proposals has been suggested to be retroactive. That decision usually only comes after the proposed amendments are adopted in April. The Commission has a pending study on how to decide retroactivity, and a number of proposals for retroactivity of specific changes are bottled up awaiting the results of the retroactivity policy review.

Public comment closes February 10, 2026. Comments may be submitted through the USSC portal or in writing to U.S. Sentencing Commission, One Columbus Circle, NE, Suite 2-500, Washington, DC 20002-8002, Attn: Public Affairs – Proposed Amendments.

USSC Public Meeting (December 12, 2025)

USSC, Proposed Amendments to the Sentencing Guidelines (Preliminary) (December 12, 2025)

~ Thomas  L. Root