Criminal Law

Appendix B - Selected Sentencing Statutes

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Appendix BGUIDELINES MANUALNovember 1, 2005

"(a) Directive to the United States Sentencing Commission.—Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and amend its guidelines and its policy statements to provide for increased penalties for unlawful manufacturing, importing, exporting, and trafficking of methamphetamine, and other similar offenses, including unlawful possession with intent to commit any of those offenses, and attempt and conspiracy to commit any of those offenses. The Commission shall submit to Congress explanations therefor and any additional policy recommendations for combating methamphetamine offenses.

"(b) In General.—In carrying out this section, the Commission shall ensure that the sentencing guidelines and policy statements for offenders convicted of offenses described in subsection (a) and any recommendations submitted under such subsection 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 methamphetamine, including—

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

"(2) the high risk of methamphetamine addiction;

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

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

Enhanced Penalties for Offenses Involving Certain Listed Chemicals; Amendment of Sentencing Guidelines. Pub.L. 104-237, Title II, § 302(c), Oct. 3, 1996, 110 Stat. 3105, provided that:

"(1) In General.—The United States Sentencing Commission shall, in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority of that section had not expired, amend the sentencing guidelines to increase by at least two levels the offense level for offenses involving list I chemicals under—

"(A) section 401(d)(1) and (2) of the Controlled Substances Act (21 U.S.C. 841(d)(1) and (2)); and

"(B) section 1010(d)(1) and (3) of the Controlled Substance Import and Export Act (21 U.S.C. 960(d)(1) and (3)).

"(2) Requirement.—In carrying out this subsection, the Commission shall ensure that the offense levels for offenses referred to in paragraph (1) are calculated proportionally on the basis of the quantity of controlled substance that reasonably could have been manufactured in a clandestine setting using the quantity of the list I chemical possessed, distributed, imported, or exported."

Enhanced Penalty for Dangerous Handling of Controlled Substances; Amendment of Sentencing Guidelines. Pub.L. 104-237, Title III, § 303(a), Oct. 3, 1996, 110 Stat. 3106, provided that: "Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall determine whether the Sentencing Guidelines adequately punish the offenses described in subsection (b) and, if not, promulgate guidelines or amend existing guidelines to provide an appropriate enhancement of the punishment for a defendant convicted of such an offense."

Increased Criminal Penalties for Alien Smuggling; Amendment of Sentencing Guidelines. Pub.L. 104-208, Title II, § 203(e), Sept. 30, 1996, 110 Stat. 3009-566, provided that:

"(1) In general.—Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall promulgate sentencing guidelines or amend existing sentencing guidelines for offenders convicted of offenses related to smuggling, transporting, harboring, or inducing aliens in violation of section 274(a)(1)(A) or (2) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A), (2)(B)) in accordance with this subsection.

"(2) Requirements.—In carrying out this subsection, the Commission shall, with respect to the offenses described in paragraph (1)—

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