Criminal Law

Appendix B - Selected Sentencing Statutes

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November 1, 2005GUIDELINES MANUALAppendix B

"(1) an analysis of the sentences imposed for offenses under sections 2251, 2252, and 2423 of title 18, United States Code, and recommendations regarding any modifications to the sentencing guidelines that may be appropriate with respect to those offenses;

"(2) an analysis of the sentences imposed for offenses under sections 2241, 2242, and 2243, and 2244 of title 18, United States Code, in cases in which the victim was under the age of 18 years, and recommendations regarding any modifications to the sentencing guidelines that may be appropriate with respect to those offenses;

"(3) an analysis of the type of substantial assistance that courts have recognized as warranting a downward departure from the sentencing guidelines relating to offenses under section 2251 or 2252 of title 18, United States Code;

"(4) a survey of the recidivism rate for offenders convicted of committing sex crimes against children, an analysis of the impact on recidivism of sexual abuse treatment provided during or after incarceration or both, and an analysis of whether increased penalties would reduce recidivism for those crimes; and

"(5) such other recommendations with respect to the offenses described in this section as the Commission deems appropriate."

Reduction of Sentencing Disparity. Pub.L. 104-38, § 2, Oct. 30, 1995, 109 Stat. 334, provided that:

"(a) Recommendations.

"(1) In general.—The United States Sentencing Commission shall submit to Congress recommendations (and an explanation therefor), regarding changes to the statutes and sentencing guidelines governing sentences for unlawful manufacturing, importing, exporting, and trafficking of cocaine, and like offenses, including unlawful possession, possession with intent to commit any of the forgoing offenses, and attempt and conspiracy to commit any of the forgoing offenses. The recommendations shall reflect the following considerations--

"(A) the sentence imposed for trafficking in a quantity of crack cocaine should generally exceed the sentence imposed for trafficking in a like quantity of powder cocaine;

"(B) high-level wholesale cocaine traffickers, organizers, and leaders of criminal activities should generally receive longer sentences than low-level retail cocaine traffickers and those who played a minor or minimal role in such criminal activity;

"(C) if the Government establishes that a defendant who traffics in powder cocaine has knowledge that such cocaine will be converted into crack cocaine prior to its distribution to individual users, the defendant should be treated at sentencing as though the defendant had trafficked in crack cocaine; and

"(D) an enhanced sentence should generally be imposed on a defendant who, in the course of an offense described in this subsection—

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

"(ii) uses a dangerous weapon;

"(iii) uses or possesses a firearm;

"(iv) involves a juvenile or a woman who the defendant knows or should know to be pregnant;

"(v) engages in a continuing criminal enterprise or commits other criminal offenses in order to facilitate his drug trafficking activities;

"(vi) knows, or should know, that he is involving an unusually vulnerable person;

"(vii) restrains a victim;

"(viii) traffics in cocaine within 500 feet of a school;

"(ix) obstructs justice;

"(x) has a significant prior criminal record; or "(xi) is an organizer or leader of drug trafficking activities involving five or more persons.

"(2) Ratio.—The recommendations described in the preceding subsection shall propose revision of the drug quantity ratio of crack cocaine to powder cocaine under the relevant statutes and guidelines in a

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