Criminal Law

Appendix B - Selected Sentencing Statutes

<< Previous   Table of Contents   Next >>
November 1, 2005GUIDELINES MANUALAppendix B

"(b) Revision of Guidelines.—Following such review, pursuant to section 994(p) of title 28, United States Code, the Commission shall promulgate sentencing guidelines or amend existing sentencing guidelines to ensure an appropriately stringent sentence for such offenders."

Enhanced Penalties for Failure to Depart, Illegal Reentry, and Passport and Visa Fraud; Amendment of Sentencing Guidelines. Pub. L. 104-208, Title III, § 334, Sept. 30, 1996, 110 Stat. 3009-635, provided that:

"(a) Failing to Depart.—The United States Sentencing Commission shall promptly promulgate, pursuant to section 994 of title 28, United States Code, amendments to the sentencing guidelines to make appropriate increases in the base offense level for offenses under section 242(e) and 276(b) of the Immigration and Nationality Act (8 U.S.C. 1252(e) and 1326(b)) to reflect the amendments made by section 130001 of the Violent Crime Control and Law Enforcement Act of 1994.

"(b) Passport and Visa Offenses.—The United States Sentencing Commission shall promptly promulgate, pursuant to section 994 of title 28, United States Code, amendments to the sentencing guidelines to make appropriate increases in the base offense level for offenses under chapter 75 of title 18, United States Code, to reflect the amendments made by section 130009 of the Violent Crime Control and Law Enforcement Act of 1994."

Sense of Congress Concerning Criminal Penalties for Offenses Involving Importation and Exportation of Nuclear, Biological, and Chemical Weapons. Pub.L. 104-201, Title XIV, § 1423, Sept. 23, 1996, 110 Stat 2725, provided that:

"(a) Sense of Congress concerning Inadequacy of Sentencing Guidelines.—It is the sense of Congress that the sentencing guidelines prescribed by the United States Sentencing Commission for the offenses of importation, attempted importation, exportation, and attempted exportation of nuclear, biological, and chemical weapons materials constitute inadequate punishment for such offenses.

"(b) Urging of Revision to Guidelines.—Congress urges the United States Sentencing Commission to revise the relevant sentencing guidelines to provide for increased penalties for offenses relating to importation, attempted importation, exportation, and attempted exportation of nuclear, biological, or chemical weapons or related materials or technologies under the following provisions of law:

"(1) Section 11 of the Export Administration Act of 1979 (50 U.S.C.App. 2410).

"(2) Sections 38 and 40 of the Arms Export Control Act (22 U.S.C. 2778 and 2780).

"(3) The International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).

"(4) Section 309(c) of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 2156a(c))."

Community Restitution; Amendment of 18 U.S.C. § 3663 (Order of Restitution) Instructing Sentencing Commission to Promulgate Guidelines. Pub.L. 104-132, Title II, § 205(a)(3), Apr. 24, 1996, 110 Stat. 1230, amended 18 U.S.C. § 3663 by adding new subsection (c)(7), which provided that:

"(c)(7)(A) The United States Sentencing Commission shall promulgate guidelines to assist courts in determining the amount of restitution that may be ordered under this subsection.

"(B) No restitution shall be ordered under this subsection until such time as the Sentencing Commission promulgates guidelines pursuant to this paragraph."

Instruction to Sentencing Commission, Fines and Restitution. Pub.L. 104-132, § 208 April 24, 1996, 110 Stat. 1240, provided that: "Pursuant to section 994 of title 28, United States Code, the United States Sentencing Commission shall promulgate guidelines or amend existing guidelines to reflect this subtitle [‘Mandatory Victims Restitution Act of 1996’] and the amendments made by this subtitle."

Terrorism; Amendment of Sentencing Guidelines. Pub.L. 104-132, § 730, April 24, 1996, 110 Stat. 1303, provided that: "The United States Sentencing Commission shall forthwith, in accordance with the

– 617 –

<< Previous   Table of Contents   Next >>