Criminal Law

Appendix B - Selected Sentencing Statutes

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Appendix BGUIDELINES MANUALNovember 1, 2005

‘Commission’) shall amend the Federal sentencing guidelines regarding any offense relating to the manufacture, importation, or exportation of, or trafficking in—

"(1) 3,4-methylenedioxy methamphetamine;

"(2) 3,4-methylenedioxy amphetamine;

"(3) 3,4-methylenedioxy-N-ethylamphetamine;

"(4) paramethoxymethamphetamine (PMA); or "(5) any other controlled substance, as determined by the Commission in consultation with the Attorney General, that is marketed as Ecstasy and that has either a chemical structure substantially similar to that of 3,4- methylenedioxy methamphetamine or an effect on the central nervous system substantially similar to or greater than that of 3,4-methylenedioxy methamphetamine, including an attempt or conspiracy to commit an offense described in paragraph (1), (2), (3), (4), or (5) in violation of the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. 1901 et seq.).

"(b) General requirements.—In carrying out this section, the Commission shall, with respect to each offense described in subsection (a)—

"(1) review and amend the Federal sentencing guidelines to provide for increased penalties such that those penalties reflect the seriousness of these offenses and the need to deter them; and

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

"(c) Additional requirements.—In carrying out this section, the Commission shall ensure that the Federal sentencing guidelines for offenders convicted of offenses described in subsection (a) reflect—

"(1) the need for aggressive law enforcement action with respect to offenses involving the controlled substances described in subsection (a); and

"(2) the dangers associated with unlawful activity involving such substances, including—

"(A) the rapidly growing incidence of abuse of the controlled substances described in subsection (a) and the threat to public safety that such abuse poses;

"(B) the recent increase in the illegal importation of the controlled substances described in subsection (a);

"(C) the young age at which children are beginning to use the controlled substances described in subsection (a);

"(D) the fact that the controlled substances described in subsection (a) are frequently marketed to youth;

"(E) the large number of doses per gram of the controlled substances described in subsection (a); and

"(F) any other factor that the Commission determines to be appropriate.

"(d) Sense of the Congress.—It is the sense of the Congress that—

"(1) the base offense levels for Ecstasy are too low, particularly for high- level traffickers, and should be increased, such that they are comparable to penalties for other drugs of abuse; and

"(2) based on the fact that importation of Ecstasy has surged in the past few years, the traffickers are targeting the Nation's youth, and the use of Ecstasy among youth in the United States is increasing even as other drug use among this population appears to be leveling off, the base offense levels for importing and trafficking the controlled substances described in subsection (a) should be increased.

"(e) Report.—Not later than 60 days after the amendments pursuant to this section have been promulgated, the Commission shall—

"(1) prepare a report describing the factors and information considered by the Commission in promulgating amendments pursuant to this section; and

"(2) submit the report to—

"(A) the Committee on the Judiciary, the Committee on Health, Education, Labor, and Pensions, and the Committee on Appropriations of the Senate; and

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