Criminal Law

Appendix B - Selected Sentencing Statutes

<< Previous   Table of Contents   Next >>
Appendix BGUIDELINES MANUALNovember 1, 2005

"(a) Amendment to Federal Sentencing Guidelines.—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 accordance with this section with respect to any offense relating to the manufacture, importation, exportation, or trafficking in amphetamine (including an attempt or conspiracy to do any of the foregoing) in violation of—

"(1) the Controlled Substances Act (21 U.S.C. 801 et seq.);

"(2) the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.); or

"(3) the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.).

"(b) General requirement.—In carrying out this section, the United States Sentencing Commission shall, with respect to each offense described in subsection (a) relating to amphetamine—

"(1) review and amend its guidelines to provide for increased penalties such that those penalties are comparable to the base offense level for methamphetamine; and

"(2) take any other action the Commission considers necessary to carry out this subsection.

"(c) Additional requirements.—In carrying out this section, the United States Sentencing Commission shall ensure that the sentencing guidelines for offenders convicted of offenses described in subsection (a) reflect the heinous nature of such offenses, the need for aggressive law enforcement action to fight such offenses, and the extreme dangers associated with unlawful activity involving amphetamines, including—

"(1) the rapidly growing incidence of amphetamine abuse and the threat to public safety that such abuse poses;

"(2) the high risk of amphetamine addiction;

"(3) the increased risk of violence associated with amphetamine trafficking and abuse; and

"(4) the recent increase in the illegal importation of amphetamine and precursor chemicals.

"(d) Emergency authority to Sentencing Commission.—The United States Sentencing Commission shall promulgate amendments pursuant to this section as soon as practicable after the date of the enactment of this Act in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 (Public Law 100–182), as though the authority under that Act had not expired."

Enhanced Punishment of Amphetamine or Methamphetamine Laboratory Operators. Pub. L. 106–310, Div. B, Title XXXVI, § 3612, Oct. 12, 2000, 114 Stat. 1228, provided that:

"(a) Federal Sentencing Guidelines.

"(1) In General.—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 accordance with paragraph (2) with respect to any offense relating to the manufacture, attempt to manufacture, or conspiracy to manufacture amphetamine or methamphetamine in violation of—

"(A) the Controlled Substances Act (21 U.S.C. 801 et seq.);

"(B) the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.); or

"(C) the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.).

"(2) Requirements.—In carrying out this paragraph, the United States Sentencing Commission shall—

"(A) if the offense created a substantial risk of harm to human life (other than a life described in subparagraph (B)) or the environment, increase the base offense level for the offense—

"(i) by not less than 3 offense levels above the applicable level in effect on the date of the enactment of this Act; or

"(ii) if the resulting base offense level after an increase under clause (i) would be less than level 27, to not less than level 27; or "(B) if the offense created a substantial risk of harm to the life of a minor or incompetent, increase the base offense level for the offense—

"(i) by not less than 6 offense levels above the applicable level in effect on the date of the enactment of this Act; or

– 606 –

<< Previous   Table of Contents   Next >>