Criminal Law

Appendix B - Selected Sentencing Statutes

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Appendix BGUIDELINES MANUALNovember 1, 2005

to deter anabolic steroid trafficking and use; and

"(3) take such other action that the Commission considers necessary to carry out this section.".

Identity Theft Offenses Involving an Abuse of Position. Pub. L. 108–275, § 5, July 15, 2004, 118 Stat. 833, provided that:

"(a) In General.—Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend its guidelines and its policy statements to ensure that the guideline offense levels and enhancements appropriately punish identity theft offenses involving an abuse of position.

"(b) Requirements.—In carrying out this section, the United States Sentencing Commission shall do the following:

" (1) Amend U.S.S.G. section 3B1.3 (Abuse of Position of Trust of Use of Special Skill) to apply to and punish offenses in which the defendant exceeds or abuses the authority of his or her position in order to obtain unlawfully or use without authority any means of identification, as defined section 1028(d)(4) of title 18, United States Code.

" (2) Ensure reasonable consistency with other relevant directives, other sentencing guidelines, and statutory provisions.

" (3) Make any necessary and conforming changes to the sentencing guidelines.

" (4) Ensure that the guidelines adequately meet the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code.".

Amendment of Sentencing Guidelines Regarding Electronic Mail Fraud. Pub. L. 108–187, § 4(b), Dec. 16, 2003, 117 Stat. 2705, provided that:

"(b) United States Sentencing Commission.—

"(1) Directive.—Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, as appropriate, amend the sentencing guidelines and policy statements to provide appropriate penalties for violations of section 1037 of title 18, United States Code, as added by this section, and other offenses that may be facilitated by the sending of large quantities of unsolicited electronic mail.

"(2) Requirements.—In carrying out this subsection, the Sentencing Commission shall consider providing sentencing enhancements for—

"(A) those convicted under section 1037 of title 18, United States Code, who—

"(i) obtained electronic mail addresses through improper means, including—

"(I) harvesting electronic mail addresses of the users of a website, proprietary service, or other online public forum operated by another person, without the authorization of such person; and

"(II) randomly generating electronic mail addresses by computer; or

"(ii) knew that the commercial electronic mail messages involved in the offense contained or advertised an Internet domain for which the registrant of the domain had provided false registration information; and

"(B) those convicted of other offenses, including offenses involving fraud, identity theft, obscenity, child pornography, and the sexual exploitation of children, if such offenses involved the sending of large quantities of electronic mail.".

Amendment of Sentencing Guidelines Regarding Kidnapping Offenses. Pub. L. 108–21, Title I, § 104(a), Apr. 30, 2003, 117 Stat. 653, provided that: "Notwithstanding any other provision of law regarding the amendment of Sentencing Guidelines, the United States Sentencing Commission is directed to amend the Sentencing Guidelines, to take effect on the date that is 30 days after the date of the enactment of this Act—

"(1) so that the base offense level for kidnapping in section 2A4.1(a) is increased from level 24 to level 32;

"(2) so as to delete section 2A4.1(b)(4)(C); and

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