Criminal Law

Appendix B - Selected Sentencing Statutes

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November 1, 2005GUIDELINES MANUALAppendix B

statements), the United States Sentencing Commission shall ensure that the applicable guideline range for a defendant convicted of a crime against intellectual property (including offenses set forth at section 506(a) of title 17, United States Code, and sections 2319, 2319A, and 2320 of title 18, United States Code) is sufficiently stringent to deter such a crime and to adequately reflect the additional considerations set forth in paragraph (2) of this subsection.

"(2) In implementing paragraph (1), the Sentencing Commission shall ensure that the guidelines provide for consideration of the retail value and quantity of the items with respect to which the crime against intellectual property was committed."

Veterans' Cemeteries; Amendment of Sentencing Guidelines. Pub.L. 105-101, § 2, November 19, 1997, 111 Stat. 2202, provided that:

"(a) In General.–Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines to provide a sentencing enhancement of not less than 2 levels for any offense against the property of a national cemetery.

"(b) Commission Duties.–In carrying out subsection (a), the Sentencing Commission shall ensure that the sentences, guidelines, and policy statements for offenders convicted of an offense described in that subsection are–

(1) appropriately severe; and

(2) reasonably consistent with other relevant directives and with other Federal sentencing guidelines."

Drug-Induced Rape Prevention and Punishment; Amendment of Sentencing Guidelines. Pub.L. 104-305, § 2(b)(3), Oct. 13, 1996, 110 Stat. 3808, provided that:

"(A) Amendment of sentencing guidelines.—Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and amend, as appropriate, the sentencing guidelines for offenses involving flunitrazepam.

"(B) Summary.—The United States Sentencing Commission shall submit to the Congress--

"(i) a summary of its review under subparagraph (A); and

"(ii) an explanation for any amendment to the sentencing guidelines made under subparagraph (A).

"(C) Serious nature of offenses.—In carrying out this paragraph, the United States Sentencing Commission shall ensure that the sentencing guidelines for offenses involving flunitrazepam reflect the serious nature of such offenses."

Use of Certain Technology to Facilitate Criminal Conduct. Pub.L. 104-294, Title V, § 501(b), Oct. 11, 1996, 110 Stat. 3497, provided that: "The United States Sentencing Commission shall—

"(1) compile and analyze any information contained in documentation described in subsection (a) relating to the use of encryption or scrambling technology to facilitate or conceal criminal conduct; and

"(2) based on the information compiled and analyzed under paragraph (1), annually report to the Congress on the nature and extent of the use of encryption or scrambling technology to facilitate or conceal criminal conduct."

Increased Penalties for Manufacture and Possession of Equipment Used To Make Controlled Substances; Amendment of Sentencing Guidelines. Pub.L. 104-237, Title II, § 203(b), Oct. 3, 1996, 110 Stat. 3102, provided that: "The United States Sentencing Commission shall amend the sentencing guidelines to ensure that the manufacture of methamphetamine in violation of section 403(d)(2) of the Controlled Substances Act, as added by subsection (a), is treated as a significant violation."

Penalty Increases for Trafficking in Methamphetamine. Pub.L. 104-237, Title II, § 301, Oct. 3, 1996, 110 Stat. 3105, provided that:

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