Criminal Law

Appendix B - Selected Sentencing Statutes

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November 1, 2005GUIDELINES MANUALAppendix B

‘(D) 600 or more images, increase by 5 levels.’.

"(2) The Sentencing Commission shall amend the Sentencing Guidelines to ensure that the Guidelines adequately reflect the seriousness of the offenses under sections 2243(b), 2244(a)(4), and 2244(b) of title 18, United States Code.".

Distribution of Amendments and Other Provisions Pertaining to PROTECT Act Amendments.

Pub. L. 108–21, Title IV, § 401(j) Apr. 30, 2003, 117 Stat. 673, provided that: "(j) Conforming Amendments.—

"(1) Upon enactment of this Act, the Sentencing Commission shall forthwith distribute to all courts of the United States and to the United States Probation System the amendments made by subsections (b), (g), and (i) of this section to the sentencing guidelines, policy statements, and official commentary of the Sentencing Commission. These amendments shall take effect upon the date of enactment of this Act, in accordance with paragraph (5).

"(2) On or before May 1, 2005, the Sentencing Commission shall not promulgate any amendment to the sentencing guidelines, policy statements, or official commentary of the Sentencing Commission that is inconsistent with any amendment made by subsection (b) or that adds any new grounds of downward departure to Part K of chapter 5.

"(3) With respect to cases covered by the amendments made by subsection (i) of this section, the Sentencing Commission may make further amendments to the sentencing guidelines, policy statements, or official commentary of the Sentencing Commission, except that the Commission shall not promulgate any amendments that, with respect to such cases, would result in sentencing ranges that are lower than those that would have applied under such subsection.

"(4) At no time may the Commission promulgate any amendment that would alter or repeal the amendments made by subsection (g) of this section.".

Amendments to Existing Permissible Grounds of Downward Departure. Pub. L. 108–21, Title IV, § 401(m), Apr. 30, 2003, 117 Stat. 675, provided that:

"(m) Reform of Existing Permissible Grounds of Downward Departures.—

Not later than 180 days after the enactment of this Act, the United States Sentencing Commission shall—

"(1) review the grounds of downward departure that are authorized by the sentencing guidelines, policy statements, and official commentary of the Sentencing Commission; and

"(2) promulgate, pursuant to section 994 of title 28, United States Code—

"(A) appropriate amendments to the sentencing guidelines, policy statements, and official commentary to ensure that the incidence of downward departures are substantially reduced;

"(B) a policy statement authorizing a downward departure of not more than 4 levels if the Government files a motion for such departure pursuant to an early disposition program authorized by the Attorney General and the United States Attorney; and

"(C) any other conforming amendments to the sentencing guidelines, policy statements, and official commentary of the Sentencing Commission necessitated by this Act, including a revision of paragraph 4(b) of part A of chapter 1 and a revision of section 5K2.0.".

Offenses Involving Obscene Visual Representations of Sexual Abuse of Children. Pub. L. 108–21, Title V, § 504(c), Apr. 30, 2003, 117 Stat. 682, provided that:

"(c) Sentencing Guidelines.—

"(1) Category.—Except as provided in paragraph (2), the applicable category of offense to be used in determining the sentencing range referred to in section 3553(a)(4) of title 18, United States Code, with respect to any person convicted under section 1466A of such title, shall be the category of offenses described in section 2G2.2 of the Sentencing Guidelines.

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