Criminal Law

Appendix B - Selected Sentencing Statutes

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November 1, 2005GUIDELINES MANUALAppendix B

activity if the individual knows that he or she is infected with HIV and intends, through such sexual activity, to expose another to HIV."

Limitation on Applicability of Mandatory Minimum Penalties in Certain Cases; Sentencing Commission Authority. Pub.L. 103-322, Title VIII, § 80001(b), Sept. 13, 1994, 108 Stat. 1986, provided that:

"(1) In general.—(A) The United States Sentencing Commission (referred to in this subsection as the ‘Commission’), under section 994(a)(1) and (p) of title 28)

"(i) shall promulgate guidelines, or amendments to guidelines, to carry out the purposes of this section and the amendment made by this section; and

"(ii) may promulgate policy statements, or amendments to policy statements, to assist in the application of this section and that amendment.

"(B) In the case of a defendant for whom the statutorily required minimum sentence of 5 years, such guidelines and amendments to guidelines issued under subparagraph (A) shall call for a guideline range in which the lowest term of imprisonment is at least 24 months.

"(2) Procedures.—If the Commission determines that it is necessary to do so in order that the amendments made under paragraph (1) may take effect on the effective date of the amendment made by subsection (a), the Commission may promulgate the amendments made under paragraph (1) in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that section had not expired."

Increased Penalties for Drug-Dealing in "Drug-Free" Zones; Amendment of Sentencing Guidelines.

Pub.L. 103-322, Title IX, § 90102, Sept. 13, 1994, 108 Stat. 1987, provided that: "Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend its sentencing guidelines to provide an appropriate enhancement for a defendant convicted of violating section 419 of the Controlled Substances Act (21 U.S.C. 860)."

Enhanced Penalties for Illegal Drug Use in Federal Prisons and for Smuggling Drugs into Federal Prisons; Amendment of Sentencing Guidelines. Pub.L. 103-322, Title IX, § 90103, Sept. 13, 1994, 108 Stat. 1987, provided that:

"(a) Declaration of Policy.—It is the policy of the Federal Government that the use or distribution of illegal drugs in the Nation’s Federal prisons will not be tolerated and that such crimes shall be prosecuted to the fullest extent of the law.

"(b) Sentencing Guidelines.—Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend its sentencing guidelines to appropriately enhance the penalty for a person convicted of an offense—

"(1) under section 404 of the Controlled Substances Act involving simple possession of a controlled substance within a Federal prison or other Federal detention facility; or

"(2) under section 401(b) of the Controlled Substances Act involving the smuggling of a controlled substance into a Federal prison or other Federal detention facility or the distribution or intended distribution of a controlled substance within a Federal prison or other Federal detention facility.

"(c) No Probation.—Notwithstanding any other law, the court shall not sentence a person convicted of an offense described in subsection (b) to probation."

Enhanced Penalty for Use of a Semiautomatic Firearm During a Crime of Violence or a Drug Trafficking Crime; Amendment to Sentencing Guidelines. Pub.L. 103-322, Title XI, § 110501, Sept. 13, 1994, 108 Stat. 2015, provided that:

"(a) Amendment to Sentencing Guidelines.—Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend its sentencing guidelines to

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