Criminal Law

Appendix B - Selected Sentencing Statutes

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November 1, 2005GUIDELINES MANUALAppendix B

"(B) the Committee on the Judiciary, the Committee on Commerce, and the Committee on Appropriations of the House of Representatives."

Emergency Authority to United States Sentencing Commission. Pub. L. 106–310, Div. B, Title XXXVI, § 3664, Oct. 14, 2000, 114 Stat. 1244, provided that: "The United States Sentencing Commission shall promulgate amendments under this subtitle [subtitle C (§§ 3661 to 3665) of Title XXXVI of Pub. L. 106–310; enacting section 290aa-5b of Title 42 and provisions set out as notes under this section and sections 201 and 290aa-5b of Title 42] as soon as practicable after the date of the enactment of this Act [Oct. 17, 2000] 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."

Emergency Amendment of Sentencing Commission Guidelines; Crimes Against Intellectual Property. Pub.L. 106-160, § 3, Dec. 9, 1999, 113 Stat. 1774, provided that: "Within 120 days after the date of the enactment of this Act [Dec. 9, 1999], or within 120 days after the first date on which there is a sufficient number of voting members of the Sentencing Commission to constitute a quorum, whichever is later, the Commission shall promulgate emergency guideline amendments to implement section 2(g) of the No Electronic Theft (NET) Act (29 U.S.C. 994 note1) in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 [28 U.S.C.A. § 994 note], as though the authority under that Act had not expired."

Amendment of Federal Sentencing Guidelines for Offenses Under Section 1028. Pub.L. 105-318, § 4, Oct. 30, 1998, 112 Stat. 3009, provided that:

"(a) 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 penalty for each offense under section 1028 of title 18, United States Code, as amended by this Act [Identity Theft and Assumption Deterrence Act of 1998, Pub.L. 105-318, Oct. 30, 1998, 112 Stat. 3007, for complete classification of which, see Tables].

"(b) Factors for consideration.— In carrying out subsection (a), the United States Sentencing Commission shall consider, with respect to each offense described in subsection (a)—

"(1) the extent to which the number of victims (as defined in section 3663A(a) of title 18, United States Code) involved in the offense, including harm to reputation, inconvenience, and other difficulties resulting from the offense, is an adequate measure for establishing penalties under the Federal sentencing guidelines;

"(2) the number of means of identification, identification documents, or false identification documents (as those terms are defined in section 1028(d) of title 18, United States Code, as amended by this Act [Pub.L. 105-318, Oct. 30, 1998, 112 Stat. 3007]) involved in the offense, is an adequate measure for establishing penalties under the Federal sentencing guidelines;

"(3) the extent to which the value of the loss to any individual caused by the offense is an adequate measure for establishing penalties under the Federal sentencing guidelines;

"(4) the range of conduct covered by the offense;

"(5) the extent to which sentencing enhancements within the Federal sentencing guidelines and the court's authority to sentence above the applicable guideline range are adequate to ensure punishment at or near the maximum penalty for the most egregious conduct covered by the offense;

"(6) the extent to which Federal sentencing guidelines sentences for the offense have been constrained by statutory maximum penalties;

1So in original. Probably should be 28 U.S.C. § 994 note.

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