Criminal Law

Appendix B - Selected Sentencing Statutes

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November 1, 2005GUIDELINES MANUALAppendix B

"(vi) whether the offense involved a computer used by the government in furtherance of national defense, national security, or the administration of justice;

"(vii) whether the violation was intended to or had the effect of significantly interfering with or disrupting a critical infrastructure; and

"(viii) whether the violation was intended to or had the effect of creating a threat to public health or safety, or injury to any person;

"(C) assure reasonable consistency with other relevant directives and with other sentencing guidelines;

"(D) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges;

"(E) make any necessary conforming changes to the sentencing guidelines; and "(F) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code.

"(c) Study and Report on Computer Crimes.—Not later than May 1, 2003, the United States Sentencing Commission shall submit a brief report to Congress that explains any actions taken by the Sentencing Commission in response to this section and includes any recommendations the Commission may have regarding statutory penalties for offenses under section 1030 of title 18, United States Code.".

Offenses Involving Assaults Committed Against Judges and Certain Federal Officers. Pub. L. 107–273, Div. C., Title I, § 11008(e), Nov. 2, 2002, 116 Stat. 1819, provided that:

" (e) Amendment of the Sentencing Guidelines for Assaults and Threats Against Federal Judges and Certain Other Federal Officials and Employees.—

"(1) in General.— Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and the policy statements of the commission, if appropriate, to provide an appropriate sentencing enhancement for offenses involving influencing, assaulting, resisting, impeding, retaliating against, or threatening a Federal judge, magistrate judge, or any other official described in section 111 or 115 of title 18, United States Code.

"(2) Factors for Consideration.—In carrying out this section, the United States Sentencing Commission shall consider, with respect to each offense described in paragraph (1)—

"(A) any expression of congressional intent regarding the appropriate penalties for the offense;

"(B) the range of conduct covered by the offense;

"(C) the existing sentences for the offense;

"(D) the extent to which sentencing enhancements within the Federal sentencing guidelines and the authority of the court to impose a sentence in excess of the applicable guideline range are adequate to ensure punishment at or near the maximum penalty for the most egregious conduct covered by the offense;

"(E) the extent to which the Federal sentencing guideline sentences for the offense have been constrained by statutory maximum penalties;

"(F) the extent to which the Federal sentencing guidelines for the offense adequately achieve the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code;

"(G) the relationship of the Federal sentencing guidelines for the offense to the Federal sentencing guidelines for other offenses of comparable seriousness; and

"(H) any other factors that the Commission considers to be appropriate.".

Offenses Involving the Use of Body Armor. Pub. L. 107–273, Div. C, Title I, § 11009(d), Nov. 2, 2002, 116 Stat. 1819, provided that:

" (d) Amendment of Sentencing Guidelines with Respect to Body Armor.—

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