Criminal Law

Appendix B - Selected Sentencing Statutes

<< Previous   Table of Contents   Next >>
Appendix BGUIDELINES MANUALNovember 1, 2005

provide an appropriate enhancement of the punishment for a crime of violence (as defined in section 924(c)(3) of title 18, United States Code) or a drug trafficking crime (as defined in section 924(c)(2) of title 18, United States Code) if a semiautomatic firearm is involved.

"(b) Semiautomatic Firearm.—In subsection (a), ‘semiautomatic firearm’ means any repeating firearm that utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round and that requires a separate pull of the trigger to fire each cartridge."

Enhanced Penalty for Second Offense of Using an Explosive to Commit a Felony; Amendment of Sentencing Guidelines. Pub.L. 103-322, Title XI, § 110502, Sept. 13, 1994, 108 Stat. 2015, provided that: "Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall promulgate amendments to the sentencing guidelines to appropriately enhance penalties in a case in which a defendant convicted under section 844(h) of title 18, United States Code, has previously been convicted under that section."

Using a Firearm in the Commission of Counterfeiting or Forgery; Amendment of Sentencing Guidelines. Pub.L. 103-322, Title XI, § 110512, Sept. 13, 1994, 108 Stat. 2019, 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 of the punishment for a defendant convicted of a felony under chapter 25 of title 18, United States Code, if the defendant used or carried a firearm (as defined in section 921(a)(3) of title 18, United States Code) during and in relation to the felony."

Enhanced Penalties for Firearms Possession by Violent Felons and Serious Drug Offenders; Amendment of Sentencing Guidelines. Pub.L. 103-322, Title XI, § 110513, Sept. 13, 1994, 108 Stat. 2019, 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—

"(1) appropriately enhance penalties in cases in which a defendant convicted under section 922(g) of title 18, United States Code, has 1 prior conviction by any court referred to in section 922(g)(1) of title 18 for a violent felony (as defined in section 924(e)(2)(B) of that title) or a serious drug offense (as defined in section 924(e)(2)(A) of that title); and

"(2) appropriately enhance penalties in cases in which such a defendant has 2 prior convictions for a violent felony (as so defined) or a serious drug offense (as so defined)."

Sentencing Guidelines Increase for Terrorist Crimes. Pub.L. 103-322, Title XII, § 120004, Sept. 13, 1994, 108 Stat. 2022, provided that: "The United States Sentencing Commission is directed to amend its sentencing guidelines to provide an appropriate enhancement for any felony, whether committed within or outside the United States, that involves or is intended to promote international terrorism, unless such involvement or intent is itself an element of the crime."

Solicitation of Minor to Commit Crime; Amendment of Sentencing Guidelines. Pub.L. 103-322, Title XIV, § 140008, Sept. 13, 1994, 108 Stat. 2033, provided that:

"(a) Directive to Sentencing Commission.(1) The United States Sentencing Commission shall promulgate guidelines or amend existing guidelines to provide that a defendant 21 years of age or older who has been convicted of an offense shall receive an appropriate sentence enhancement if the defendant involved a minor in the commission of the offense.

"(2) The Commission shall provide that the guidelines enhancement promulgated pursuant to paragraph (1) shall apply for any offense in relation to which the defendant has solicited, procured, recruited, counseled, encouraged, trained, directed, commanded, intimidated, or otherwise used or attempted to use any person less than 18 years of age with the intent that the minor would commit a Federal offense.

– 622 –

<< Previous   Table of Contents   Next >>