Criminal Law

Appendix B - Selected Sentencing Statutes

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November 1, 2005GUIDELINES MANUALAppendix B

to provide for enhanced penalties for any offense involving fraud or misrepresentation in connection with the obtaining or providing of, or the furnishing of information to a consumer on, any scholarship, grant, loan, tuition, discount, award, or other financial assistance for purposes of financing an education at an institution of higher education, such that those penalties are comparable to the base offense level for misrepresentation that the defendant was acting on behalf of a charitable, educational, religious, or political organization, or a government agency.".

Amendment of Federal Sentencing Guidelines Regarding Human Trafficking. Pub. L. 106–386, Div. A, § 112(b), Oct. 28, 2000, 114 Stat. 1489, provided that:

"(b) Amendment to the Sentencing Guidelines.

"(1) Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines and policy statements applicable to persons convicted of offenses involving the trafficking of persons including component or related crimes of peonage, involuntary servitude, slave trade offenses, and possession, transfer or sale of false immigration documents in furtherance of trafficking, and the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act.

"(2) In carrying out this subsection, the Sentencing Commission shall—

"(A) take all appropriate measures to ensure that these sentencing guidelines and policy statements applicable to the offenses described in paragraph (1) of this subsection are sufficiently stringent to deter and adequately reflect the heinous nature of such offenses;

"(B) consider conforming the sentencing guidelines applicable to offenses involving trafficking in persons to the guidelines applicable to peonage, involuntary servitude, and slave trade offenses; and

"(C) consider providing sentencing enhancements for those convicted of the offenses described in paragraph (1) of this subsection that—

"(i) involve a large number of victims;

"(ii) involve a pattern of continued and flagrant violations;

"(iii— involve the use or threatened use of a dangerous weapon; or "(iv) result in the death or bodily injury of any person.

"(3) The Commission may promulgate the guidelines or amendments under this subsection in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired.".

Amendment of Federal Sentencing Guidelines Regarding Interstate Stalking. Pub. L. 106–386, Div. B, Title I, § 1107(b)(2), Oct. 28, 2000, 114 Stat. 1498, provided that:

"(A) In general.—Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend the Federal Sentencing Guidelines to reflect the amendment made by this subsection.

"(B) Factors for consideration.—In carrying out subparagraph (A), the Commission shall consider—

"(i) whether the Federal Sentencing Guidelines relating to stalking offenses should be modified in light of the amendment made by this subsection; and

"(ii) whether any changes the Commission may make to the Federal Sentencing Guidelines pursuant to clause (i) should also be made with respect to offenses under chapter 110A of title 18, United States Code.".

Enhanced Punishment of Amphetamine Laboratory Operators. Pub. L. 106–310, Div. B, Title XXXVI, § 3611, Oct. 17, 2000, 114 Stat. 1228, provided that:

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