Criminal Law

Appendix B - Selected Sentencing Statutes

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Appendix BGUIDELINES MANUALNovember 1, 2005

accordance with the procedures sent forth in section 21(a) of the Sentencing Reform Act of 1987, as though the authority under that Act had not expired.".

BiPartisan Campaign Reform Act. Pub. L. 107–155, § 314, Mar. 27, 2002, 116 Stat. 107, provided that:

" (A) in General.—The United States Sentencing Commission shall—

"(1) promulgate a guideline, or amend an existing guideline under section 994 of title 28, United States Code, in accordance with paragraph (2), for penalties for violations of the Federal Election Campaign Act of 1971 and related election laws; and

"(2) submit to Congress an explanation of any guidelines promulgated under paragraph (1) and any legislative or administrative recommendations regarding enforcement of the Federal Election Campaign Act of 1971 and related election laws.

"(B) Considerations.—The Commission shall provide guidelines under subsection (a) taking into account the following considerations:

"(1) Ensure that the sentencing guidelines and policy statements reflect the serious nature of such violations and the need for aggressive and appropriate law enforcement action to prevent such violations.

"(2) Provide a sentencing enhancement for any person convicted of such violation if such violation involves--

"(A) a contribution, donation, or expenditure from a foreign source;

"(B) a large number of illegal transactions;

"(C) a large aggregate amount of illegal contributions, donations, or expenditures;

"(D) the receipt or disbursement of governmental funds; and "(E) an intent to achieve a benefit from the Federal Government.

"(3) Assure reasonable consistency with other relevant directives and guidelines of the Commission.

"(4) Account for aggravating or mitigating circumstances that might justify exceptions, including circumstances for which the sentencing guidelines currently provide sentencing enhancements.

"(5) Assure the guidelines adequately meet the purposes of sentencing under section 3553(a)(2) of title 18, United States Code.

"(c) Effective Date; Emergency Authority to Promulgate Guidelines.—

"(1) Effective Date.—Notwithstanding section 402, the United States Sentencing Commission shall promulgate guidelines under this section not later than the later of—

"(A) 90 days after the effective date of this Act; or

"(B) 90 days after the date on which at least a majority of the members of the Commission are appointed and holding office.

"(2) Emergency Authority to Promulgate Guidelines.—The Commission shall promulgate guidelines under this section in accordance with the procedures set forth in section 21(a) of the Sentencing Reform Act of 1987, as though the authority under such Act has not expired.".

Amendment of Sentencing Guidelines Relating to Certain Computer Fraud and Abuse. Pub. L. 107–56, Title VIII, § 814(f), Oct. 26, 2001, 115 Stat. 384, provided that: "Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines to ensure that any individual convicted of a violation of section 1030 of title 18, United States Code, can be subjected to appropriate penalties, without regard to any mandatory minimum term of imprisonment.".

Sentencing Enhancement for Higher Education Financial Assistance Fraud. Pub. L. 106–420, § 3, Nov. 1, 2000, 114 Stat. 1868, provided that: "Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines in order

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