Criminal Law

Appendix B - Selected Sentencing Statutes

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Appendix BGUIDELINES MANUALNovember 1, 2005

actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person.

"(b) Sentencing Enhancement.—Pursuant to section 994 of title 28, United States Code, the United States Sentencing Commission shall promulgate guidelines or amend existing guidelines to provide sentencing enhancements of not less than 3 offense levels for offenses that the finder of fact at trial determines beyond a reasonable doubt are hate crimes. In carrying out this section, the United States Sentencing Commission shall ensure that there is reasonable consistency with other guidelines, avoid duplicative punishments for substantially the same offense, and take into account any mitigating circumstances that might justify exceptions."

Cocaine Penalty Study. Pub.L. 103-322, Title XXVIII, § 280006, Sept. 13, 1994, 108 Stat. 2097, provided that: "Not later than December 31, 1994, the United States Sentencing Commission shall submit a report to Congress on issues relating to sentences applicable to offenses involving the possession or distribution of all forms of cocaine. The report shall address the differences in penalty levels that apply to different forms of cocaine and include any recommendations that the Commission may have for retention or modification of such differences in penalty levels."

Sexual Abuse and Exploitation of Minors; Amendment of Sentencing Guidelines. Pub.L. 102-141, Title VI, § 632, Oct. 28, 1991, 105 Stat. 876, provided that:

"(1) Pursuant to its authority under section 994 of title 28, United States Code [this section], the Sentencing Commission shall promulgate guidelines, or amend existing or proposed guidelines as follows:

"(A) Guideline 2G2.2 to provide a base offense level of not less than 15 and to provide at least a 5 level increase for offenders who have engaged in a pattern of activity involving the sexual abuse or exploitation of a minor.

"(B) Guideline 2G2.4 to provide that such guideline shall apply only to offense conduct that involves the simple possession of materials proscribed by chapter 110 of title 18, United States Code [section 2251 et seq. of Title 18, Crimes and Criminal Procedure] and guideline 2G2.2 to provide that such guideline shall apply to offense conduct that involves receipt or trafficking (including, but not limited to transportation, distribution, or shipping).

"(C) Guideline 2G2.4 to provide a base offense level of not less than 13, and to provide at least a 2 level increase for possessing 10 or more books, magazines, periodicals, films, video tapes or other items containing a visual depiction involving the sexual exploitation of a minor.

"(D) Section 2G3.1 to provide a base offense level of not less than 10.

"(2)(A) Notwithstanding any other provision of law, the Sentencing Commission shall promulgate the amendments mandated in subsection (1) by November 1, 1991, or within 30 days after enactment [probably means date of enactment of Pub.L. 102-141, which was approved Oct. 28, 1991], whichever is later. The amendments to the guidelines promulgated under subsection (1) shall take effect November 1, 1991, or 30 days after enactment, and shall supersede any amendment to the contrary contained in the amendments to the sentencing guidelines submitted to the Congress by the Sentencing Commission on or about May 1, 1991.

"(B) The provisions of section 944(x) of title 28, United States Code [subsec. (x) of this section], shall not apply to the promulgation or amendment of guidelines under this section."

Sexual Crimes Against Children; Amendment of Sentencing Guidelines. Pub.L. 101-647, Title III, § 321, Nov. 29, 1990, 104 Stat. 4817, provided that: "The United States Sentencing Commission shall amend existing guidelines for sentences involving sexual crimes against children, including offenses contained in chapter 109A of title 18 [chapter 109A of Title 18, Crimes and Criminal Procedure], so that more substantial penalties may be imposed if the Commission determines current penalties are inadequate."

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