Criminal Law

Appendix B - Selected Sentencing Statutes

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November 1, 2005GUIDELINES MANUALAppendix B

"Pursuant to its authority under section 994(p) of title 28, United States Code [subsec. (p) of this section], the United States Sentencing Commission shall—

"(1) review the Federal Sentencing Guidelines on aggravated sexual abuse under section 2241 of title 18, United States Code, sexual abuse under section 2242 of title 18, United States Code, sexual abuse of a minor or ward under section 2243 of title 18, United States Code, coercion and enticement of a minor under section 2422(b) of title 18, United States Code, contacting a minor under section 2422(c) of title 18, United States Code, and transportation of minors and travel under section 2423 of title 18, United States Code; and

"(2) upon completion of the review under paragraph (1), promulgate amendments to the Federal Sentencing Guidelines to increase penalties applicable to the offenses referred to in paragraph (1) in any case in which the defendant engaged in a pattern of activity involving the sexual abuse or exploitation of a minor."

Clarification of Definition of Distribution of Pornography. Pub.L. 105-314, Title V, §506, Oct. 30, 1998, 112 Stat. 2982, provided:

"Pursuant to its authority under section 994(p) of title 28, United States Code [subsec. (p) of this section], the United States Sentencing Commission shall—

"(1) review the Federal Sentencing Guidelines relating to the distribution of pornography covered under chapter 110 of title 18, United States Code [18 U.S.C.A. § 2251 et seq.], relating to the sexual exploitation and other abuse of children; and

"(2) upon completion of the review under paragraph (1), promulgate such amendments to the Federal Sentencing Guidelines as are necessary to clarify that the term 'distribution of pornography' applies to the distribution of pornography—

"(A) for monetary remuneration; or

"(B) for a nonpecuniary interest."

Directive to the United States Sentencing Commission. Pub.L. 105-314, Title V, § 505, Oct. 30, 1998, 112 Stat. 2982, provided: "In carrying out this title [this note], the United States Sentencing Commission shall—

"(1) with respect to any action relating to the Federal Sentencing Guidelines subject to this title, ensure reasonable consistency with other guidelines of the Federal Sentencing Guidelines; and

"(2) with respect to an offense subject to the Federal Sentencing Guidelines, avoid duplicative punishment under the Federal Sentencing Guidelines for substantially the same offense."

Wireless Telephone Cloning; Sentencing Guidelines. Pub.L. 105-172, § 2(e), Apr. 24, 1998, 112 Stat. 55, provided that:

"(1) In general.) Pursuant to its authority under section 994 of title 28, United States Code [this section], the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and the policy statements of the Commission, if appropriate, to provide an appropriate penalty for offenses involving the cloning of wireless telephones (including offenses involving an attempt or conspiracy to clone a wireless telephone).

"(2) Factors for consideration.) In carrying out this subsection [this note], the Commission shall consider, with respect to the offenses described in paragraph (1)—

"(A) the range of conduct covered by the offenses;

"(B) the existing sentences for the offenses;

"(C) the extent to which the value of the loss caused by the offenses (as defined in the Federal sentencing guidelines) is an adequate measure for establishing penalties under the Federal sentencing guidelines;

"(D) 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 offenses;

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