Criminal Law

Appendix B - Selected Sentencing Statutes

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November 1, 2005GUIDELINES MANUALAppendix B

"(A) increase the base offense level for such offenses at least 3 offense levels above the applicable level in effect on the date of the enactment of this Act;

"(B) review the sentencing enhancement for the number of aliens involved (U.S.S.G. 2L1.1(b)(2)), and increase the sentencing enhancement by at least 50 percent above the applicable enhancement in effect on the date of the enactment of this Act;

"(C) impose an appropriate sentencing enhancement upon an offender with 1 prior felony conviction arising out of a separate and prior prosecution for an offense that involved the same or similar underlying conduct as the current offense, to be applied in addition to any sentencing enhancement that would otherwise apply pursuant to the calculation of the defendant’s criminal history category;

"(D) impose an additional appropriate sentencing enhancement upon an offender with 2 or more prior felony convictions arising out of separate and prior prosecutions for offenses that involved the same or similar underling conduct as the current offense, to be applied in addition to any sentencing enhancement that would otherwise apply pursuant to the calculation of the defendant’s criminal history category;

"(E) impose an appropriate sentencing enhancement on a defendant who, in the course of committing an offense described in this subsection—

"(i) murders or otherwise causes death, bodily injury, or serious bodily injury to an individual;

"(ii) uses or brandishes a firearm or other dangerous weapon; or

"(iii) engages in conduct that consciously or recklessly places another in serious danger of death or serious bodily injury;

"(F) consider whether a downward adjustment is appropriate if the offense is a first offense and involves the smuggling only of the alien’s spouse or child; and

"(G) consider whether any other aggravating or mitigating circumstances warrant upward or downward sentencing adjustments.

"(3) Emergency Authority to Sentencing Commission.—The Commission shall promulgate the guidelines or amendments provided for under this subsection as soon as practicable in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired."

Increased Criminal Penalties for Fraudulent Use of Government-Issues Documents; Amendment of Sentencing Guidelines. Pub.L. 104-208, Title II, § 211(b), Sept. 30, 1996, 110 Stat. 3009-569, provided that:

"(b) Changes to the Sentencing Levels.

"(1) In general.—Pursuant to the Commission’s 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 violating, or conspiring to violate, sections 1028(b)(1), 1425 through 1427, 1541 through 1544, and 1546(a) of title 18, United States Code, in accordance with this subsection.

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

"(A) increase the base offense level for such offenses at least 2 offense levels above the level in effect on the date of the enactment of this Act;

"(B) review the sentencing enhancement for number of documents or passports involved (U.S.S.G. 2L2.1(b)(2)), and increase the upward adjustment by at least 50 percent above the applicable enhancement in effect on the date of the enactment of this Act;

"(C) impose an appropriate sentencing enhancement upon an offender with 1 prior felony conviction arising out of a separate and prior prosecution for an offense that involved the same or similar underlying conduct as the current offense, to be applied in addition to any sentencing enhancement that would otherwise apply pursuant to the calculation of the defendant’s criminal history category;

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