Criminal Law

Appendix B - Selected Sentencing Statutes

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Appendix BGUIDELINES MANUALNovember 1, 2005

"(1) In General.—Pursuant to its authority under section 994(p) 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, as appropriate, to provide an appropriate sentencing enhancement for any crime of violence (as defined in section 16 of title 18, United States Code) or drug trafficking crime (as defined in section 924(c) of title 18, United States Code) (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) in which the defendant used body armor.

"(2) Sense of Congress.—It is the sense of Congress that any sentencing enhancement under this subsection should be at least 2 levels.".

Enhancements for Fraud and Obstruction of Justice Offenses. Pub. L. 107–204, Title VIII, § 805(a), July 30, 2002, 116 Stat. 802, provided that:

" (a) Enhancement of Fraud and Obstruction of Justice Sentences.—Pursuant to section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend, as appropriate, the Federal Sentencing Guidelines and related policy statements to ensure that—

"(1) the base offense level and existing enhancements contained in United States Sentencing Guideline 2J1.2 relating to obstruction of justice are sufficient to deter and punish that activity;

"(2) the enhancements and specific offense characteristics relating to obstruction of justice are adequate in cases where—

"(A) the destruction, alteration, or fabrication of evidence involves--

"(i) a large amount of evidence, a large number of participants, or is otherwise extensive;

"(ii) the selection of evidence that is particularly probative or essential to the investigation; or

"(iii) more than minimal planning; or

"(B) the offense involved abuse of a special skill or a position of trust;

"(3) the guideline offense levels and enhancements for violations of section 1519 or 1520 of title 18, United States Code, as added by this title, are sufficient to deter and punish that activity;

"(4) a specific offense characteristic enhancing sentencing is provided under United States Sentencing Guideline 2B1.1 (as in effect on the date of enactment of this Act) for a fraud offense that endangers the solvency or financial security of a substantial number of victims; and

"(5) the guidelines that apply to organizations in United States Sentencing Guidelines, chapter 8, are sufficient to deter and punish organizational criminal misconduct.

"(b) Emergency Authority and Deadline for Commission Action.—The United States Sentencing Commission is requested to promulgate the guidelines or amendments provided for under this section as soon as practicable, and in any event not later than 180 days after the date of enactment of this Act, in accordance with the prcedures set forth in section 219(a) of the Sentencing Reform Act of 1987, as though the authority under that Act had not expired.".

Enhanced Penalties for Certain White Collar Offenses. Pub. L. 107–204, Title IX, § 905, July 30, 2002, 116 Stat. 805, provided that:

" (a) Directive to the United States Sentencing Commission.—Pursuant to its authority under section 994(p) of title 18, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, as appropriate, amend the Federal Sentencing Guidelines and related policy statements to implement the provisions of this Act.

"(b) Requirements.—In carrying out this section, the Sentencing Commission shall—

"(1) ensure that the sentencing guidelines and policy statements reflect the serious nature of the offenses and the penalties set forth in this Act, the growing incidence of serious fraud offenses which are identified above, and the need to modify the sentencing guidelines and policy statements to deter, prevent, and punish such offenses;

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