Criminal Law

Appendix B - Selected Sentencing Statutes

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November 1, 2005GUIDELINES MANUALAppendix B

"(b) Relevant Considerations.—In implementing the directive in subsection (a), the Sentencing Commission shall consider—

"(1) the severity of the crime that the defendant intended the minor to commit;

"(2) the number of minors that the defendant used or attempted to use in relation to the offense;

"(3) the fact that involving a minor in a crime of violence is frequently of even greater seriousness than involving a minor in a drug trafficking offense, for which the guidelines already provide a two-level enhancement; and

"(4) the possible relevance of the proximity in age between the offender and the minor(s) involved in the offense."

Drug Free Truck Stops and Safety Rest Areas; Amendment of Sentencing Guidelines. Pub.L. 103-322, Title XVIII, § 180201(c), Sept. 13, 1994, 108 Stat. 2047, provided that: "Pursuant to its authority under section 994 of title 28, United States Code, and section 21 of the Sentencing Act of 1987 (28 U.S.C. 994 note), the United States Sentencing Commission shall promulgate guidelines, or shall amend existing guidelines, to provide an appropriate enhancement of punishment for a defendant convicted of violating section 409 of the Controlled Substances Act, as added by subsection (b) [of this section]."

Crimes Against the Elderly; Amendment of Sentencing Guidelines. Pub.L. 103-322, Title XXIV, § 240002, Sept. 13, 1994, 108 Stat. 2081, provided that:

"(a) In General.—Pursuant to its authority under the Sentencing Reform Act of 1984 and section 21 of the Sentencing Act of 1987 (including its authority to amend the sentencing guidelines and policy statements) and its authority to make such amendments on an emergency basis, the United States Sentencing Commission shall ensure that the applicable guideline range for a defendant convicted of a crime of violence against an elderly victim is sufficiently stringent to deter such a crime, to protect the public from additional crimes of such a defendant, and to adequately reflect the heinous nature of such an offense.

"(b) Criteria.—In carrying out subsection (a), the United States Sentencing Commission shall ensure that—

"(1) the guidelines provide for increasingly severe punishment for a defendant commensurate with the degree of physical harm caused to the elderly victim;

"(2) the guidelines take appropriate account of the vulnerability of the victim; and

"(3) the guidelines provide enhanced punishment for a defendant convicted of a crime of violence against an elderly victim who has previously been convicted of a crime of violence against an elderly victim, regardless of whether the conviction occurred in Federal or State court.

"(c) Definitions.—In this section—

"(1) ‘crime of violence’ means an offense under section 113, 114, 1111, 1112, 1113, 1117, 2241, 2242, or 2244 of title 18, United States Code.

"(2) ‘elderly victim’ means a victim who is 65 years of age or older at the time of an offense."

Increased Penalties for Fraud Against Older Victims; Amendment of Sentencing Guidelines.

Pub.L. 103-322, Title XXV, § 250003, Sept. 13, 1994, 108 Stat. 2085, provided that:

"(a) Review.—The United States Sentencing Commission shall review and, if necessary, amend the sentencing guidelines to ensure that victim related adjustments for fraud offenses against older victims over the age of 55 are adequate.

"(b) Report.—Not later than 180 days after the date of enactment of this Act, the Sentencing Commission shall report to Congress the result of its review under subsection (a)."

Direction to United States Sentencing Commission regarding Sentencing Enhancements for Hate Crimes. Pub.L. 103-322, Title XXVIII, § 280003, Sept. 13, 1994, 108 Stat. 2096, provided that:

"(a) Definition.—In this section, ‘hate crime’ means a crime in which the defendant intentionally selects a victim, or in the case of a property crime, the property that is the object of the crime, because of the

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