Criminal Law

Appendix B - Selected Sentencing Statutes

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Appendix BGUIDELINES MANUALNovember 1, 2005


This appendix sets forth the principal statutory provisions governing sentencing, the Sentencing Commission, and the drafting of sentencing guidelines as extracted from the following sources:

  • 18 U.S.C. chapter 227 ("Sentences");
  • 18 U.S.C. chapter 229 ("Postsentence Administration");
  • 18 U.S.C. chapter 232 ("Miscellaneous Sentencing Provisions");
  • 18 U.S.C. chapter 235 ("Appeal");
  • 28 U.S.C. chapter 58 ("United States Sentencing Commission"); and ! The Anti-Drug Abuse Act of 1988 (Pub. L. 100–690), the Major Fraud Act of 1988 (Pub. L. 100–700), the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (Pub. L. 101–73), the Crime Control Act of 1990 (Pub .L. 101–647), the Treasury, Postal Service and General Government Appropriations Act, 1992 (Pub. L. 102–141), the Violent Crime Control and Law Enforcement Act of 1994 (Pub. L. 103–322), the Federal Sentencing Guidelines, Amendment, Disapproval (Pub. L. 104–38), Sex Crimes Against Children Prevention Act of 1995 (Pub. L. 104–71), the Antiterrorism and Effective Death Penalty Act of 1996 (Pub. L. 104–132), the National Defense Authorization Act for Fiscal Year 1997 (Pub. L. 104–201), the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Pub. L. 104–208), the Comprehensive Methamphetamine Control Act of 1996 (Pub. L. 104–237), the Economic Espionage Act of 1996 (Pub. L. 104–294), the Drug-Induced Rape Prevention and Punishment Act of 1996 (Pub. L. 104–305), the Veteran’s Cemeteries Protection Act of 1997 (Pub. L. 105–101), the No Electronic Theft Act (Pub. L. 105-147), the Telemarketing Fraud Protection Act of 1998 (Pub. L. 105–184), the Wireless Telephone Protection Act (Pub. L. 105–172), the Identity Theft and Assumption Deterrence Act of 1998 (Pub. L. 105–314), the Protection of Children Against Sexual Predators Act of 1998 (Pub. L. 105–318), the Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 (Pub. L. 106–160), the Ecstasy Anti-Proliferation Act of 2000 (Pub. L. 106–310), the Methamphetamine and Club Drug Anti-Proliferation Act of 2000 (Pub. L. 106–310), the Victims of Trafficking and Violence Protection Act of 2000 (Pub. L. 106–386), the College Scholarship Fraud Prevention Act of 2000 (Pub. L. 106–420), the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Pub. L. 107–56), the BiPartisan Campaign Reform Act of 2002 (Pub. L. 107–155), the Sarbanes-Oxley Act of 2002 (Pub. L. 107–204), the 21st Century Department of Justice Appropriations Authorization Act (Pub. L. 107–273), the Cyber Security Enhancement Act of 2002 (Pub. L. 107–296), the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (Pub. L. 108–21), the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) of 2003 (Pub. L. 108–187), the Identity Theft Penalty Enhancement Act (Pub. L. 108–275), the Anabolic Steroids Control Act of 2004 (Pub. L. 108–358), the Intelligence Reform and Terrorism Prevention Act of 2004 (Pub. L. 108–458), the Intellectual Property Protection and Courts Amendments Act of 2004 (Pub. L. 108–482), the Family Entertainment and Copyright Act of 2005 (Pub. L. 109–9), and the United States Parole Commission Extension and Sentencing Commission Authority Act of 2005 (Pub. L. 109–76) (set out as notes under 28 U.S.C. § 994).

The legal authority for the United States Sentencing Commission ("Commission") and the related authority and procedures for sentencing in federal courts have their legislative foundation in the Sentencing Reform Act of 1984 (Chapter II of the Comprehensive Crime Control Act of 1984, Pub.L. 98-473, October 12, 1984).

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