Criminal Law

Appendix B - Selected Sentencing Statutes

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Appendix BGUIDELINES MANUALNovember 1, 2005

responsibilities and community ties are not relevant in determining whether a sentence should be below the applicable guideline range.’.

"(5) Section 5K2.13 is amended by--

"(A) striking ‘or’ before ‘(3)’; and

"(B) replacing ‘public’ with ‘public; or (4) the defendant has been convicted of an offense under chapter 71, 109A, 110, or 117 of title 18, United States Code.’".

Congressional Amendment Regarding Acceptance of Responsibility Guideline. Pub. L. 108–21, Title IV, § 401(g), Apr. 30, 2003, 117 Stat. 671, provided that: "(g) Reform of Guidelines Governing Acceptance of Responsibility.—Subject to subsection (j), the Guidelines Manual promulgated by the Sentencing Commission pursuant to section 994(a) of title 28, United States Code, is amended—

"(1) in section 3E1.1(b)—

"(A) by inserting ‘upon motion of the government stating that’ immediately before ‘the defendant has assisted authorities’; and

"(B) by striking ‘taking one or more’ and all that follows through and including ‘additional level’ and insert ‘timely notifying authorities of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the government and the court to allocate their resources efficiently, decrease the offense level by 1 additional level’;

"(2) in the Application Notes to the Commentary to section 3E1.1, by amending Application Note 6—

"(A) by striking ‘one or both of’; and

"(B) by adding the following new sentence at the end: ‘Because the Government is in the best position to determine whether the defendant has assisted authorities in a manner that avoids preparing for trial, an adjustment under subsection (b) may only be granted upon a formal motion by the Government at the time of sentencing.’; and "(3) in the Background to section 3E1.1, by striking ‘one or more of’.".

Congressional Amendments Regarding Sex Offenses. Pub. L. 108–21, Title IV, § 401(i), Apr. 30, 2003, 117 Stat. 672, provided that: "(i) Sentencing Guidelines Amendments.—(1) Subject to subsection (j), the Guidelines Manual promulgated by the Sentencing Commission pursuant to section 994(a) of title 28, United States Code, is amended as follows:

"(A) Application Note 4(b)(i) to section 4B1.5 is amended to read as follows:

‘(i) IN GENERAL- For purposes of subsection (b), the defendant engaged in a pattern of activity involving prohibited sexual conduct if on at least two separate occasions, the defendant engaged in prohibited sexual conduct with a minor.’.

"(B) Section 2G2.4(b) is amended by adding at the end the following:

‘(4) If the offense involved material that portrays sadistic or masochistic conduct or other depictions of violence, increase by 4 levels.

‘(5) If the offense involved—

‘(A) at least 10 images, but fewer than 150, increase by 2 levels;

‘(B) at least 150 images, but fewer than 300, increase by 3 levels; ‘(C) at least 300 images, but fewer than 600, increase by 4 levels; and ‘(D) 600 or more images, increase by 5 levels.’.

"(C) Section 2G2.2(b) is amended by adding at the end the following:

‘(6) If the offense involved—

‘(A) at least 10 images, but fewer than 150, increase by 2 levels;

‘(B) at least 150 images, but fewer than 300, increase by 3 levels; ‘(C) at least 300 images, but fewer than 600, increase by 4 levels; and

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