Criminal Law

Appendix B - Selected Sentencing Statutes

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Appendix BGUIDELINES MANUALNovember 1, 2005

procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that section had not expired, amend the sentencing guidelines so that the chapter 3 adjustment relating to international terrorism only applies to Federal crimes of terrorism, as defined in section 2332b(g) of title 18, United States Code."

Deterrent Against Terrorist Activity Damaging a Federal Interest Computer. Pub.L. 104-132, § 805, April 24, 1996, 110 Stat. 1305, provided that:

"(a) Review.—Not later than 60 calendar days after the dates of enactment of this Act, the United States Sentencing Commission shall review the deterrent effect of existing guideline levels as they apply to paragraphs (4) and (5) of section 1030(a) of title 18, United States Code.

"(b) Report.—The United States Sentencing Commission shall prepare and transmit a report to the Congress on the findings under the study conducted under subsection (a).

"(c) Amendment of Sentencing Guidelines.—Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the sentencing guidelines to ensure any individual convicted of a violation of paragraph (4) or (5) of section 1030(a) of title 18, United States Code, is imprisoned for not less than 6 months."

Enhanced Penalties for International Counterfeiting of United States Currency; Amendment of Sentencing Guidelines. Pub.L. 104-132, § 807(h), April 24, 1996, 110 Stat. 1310, provided that: "Pursuant to the authority of the United States Sentencing Commission under section 994 of title 28, United States Code, the Commission shall amend the sentencing guidelines prescribed by the Commission to provide an appropriate enhancement of the punishment for a defendant convicted under section 470 of title 18 of such Code."

Increased Penalties for Certain Conduct Involving the Sexual Exploitation of Children; Amendment of Sentencing Guidelines. Pub.L. 104-71, § 2, Dec. 23, 1995, 109 Stat. 774, provided that:

"The United States Sentencing Commission shall amend the sentencing guidelines to—

"(1) increase the base offense level for an offense under section 2251 of title 18, United States Code, by at least 2 levels; and

"(2) increase the base offense level for an offense under section 2252 of title 18, United States Code, by at least 2 levels."

Increased Penalties for Use of Computers in Sexual Exploitation of Children; Amendment of Sentencing Guidelines. Pub.L. 104-71, § 3, Dec. 23, 1995, 109 Stat. 774, provided that: "The United States Sentencing Commission shall amend the sentencing guidelines to increase the base offense level by at least 2 levels for an offense committed under section 2251(c)(1)(A) or 2252(a) of title 18, United States Code, if a computer was used to transmit the notice or advertisement to the intended recipient or to transport or ship the visual depiction."

Increased Penalties for Transportation of Children with Intent to Engage in Criminal Sexual Activity; Amendment of Sentencing Guidelines. Pub.L. 104-71, § 4, Dec. 23, 1995, 109 Stat. 774, provided that: "The United States Sentencing Commission shall amend the sentencing guidelines to increase the base offense level for an offense under section 2423(a) of title 18, United States Code, by at least 3 levels."

Report on Child Pornography and Other Sex Offenses Against Children. Pub.L. 104-71, § 6, Dec. 23, 1995, 109 Stat. 774, provided that: "Not later than 180 days after the date of the enactment of this Act, the United States Sentencing Commission shall submit a report to Congress concerning offenses involving child pornography and other sex offenses against children. The Commission shall include in the report)

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