Criminal Law

Appendix B - Selected Sentencing Statutes

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Appendix BGUIDELINES MANUALNovember 1, 2005

"(D) Sense of Congress resolutions; and

"(8) any other information that the Commission would contribute to a thorough assessment of mandatory minimum sentencing provisions.

"(c) Amendment of Report.—The Commission may amend or update the report mandated by subsection (a) at any time after its transmittal."

Sentencing Guidelines Increased Penalties in Major Bank Crimes Cases. Pub.L. 101-647, Title XXV, § 2507, Nov. 29, 1990, 104 Stat. 4862, provided that:

"(a) Increased Penalties.—Pursuant to section 994 of title 28, United States Code [this section], and section 21 of the Sentencing Act of 1987 [Pub.L. 100-182, § 21, set out as a note under this section] the United States Sentencing Commission shall promulgate guidelines, or amend existing guidelines, to provide that a defendant convicted of violating, or conspiring to violate, section 215, 656, 657, 1005, 1006, 1007, 1014, 1032, or 1344 of title 18, United States Code [sections 215, 656, 657, 1005, 1006, 1007, 1014, 1032, or 1344 of Title 18, Crimes and Criminal Procedure], or section 1341 or 1343 [section 1341 or 1343 of Title 18] affecting a financial institution (as defined in section 20 of title 18, United States Code) [section 20 of Title 18] shall be assigned not less than offense level 24 under chapter 2 of the sentencing guidelines if the defendant derives more than $1,000,000 in gross receipts from the offense.

"(b) Amendments to Sentencing Guidelines.—If the sentencing guidelines are amended after the effective date of this section, the Sentencing Commission shall implement the instruction set forth in subsection (a) so as to achieve a comparable result."

Sentencing Guidelines Relating to Methamphetamine Offenses. Pub.L. 101-647, Title XXVII, § 2701, Nov. 29, 1990, 104 Stat. 4912, provided that: "The United States Sentencing Commission is instructed to amend the existing guidelines for offenses involving smokable crystal methamphetamine under section 401(b) of the Controlled Substances Act (21 U.S.C. § 841(b)) [section 841(b) of Title 21, Food and Drugs] so that convictions for offenses involving smokable crystal methamphetamine will be assigned an offense level under the guidelines which is two levels above that which would have been assigned to the same offense involving other forms of methamphetamine."

Sentencing Guidelines for Crimes Involving Federally Insured Financial Institutions. Pub.L. 101-73, Title IX, § 961(m), Aug. 9, 1989, 103 Stat. 501, provided that:

"Pursuant to section 994 of title 28, United States Code [this section], and section 21 of the Sentencing Act of 1987 [Pub.L. 100-182, § 21, set out as a note under this section], the United States Sentencing Commission shall promulgate guidelines, or amend existing guidelines, to provide for a substantial period of incarceration for a violation of, or a conspiracy to violate, section 215, 656, 657, 1005, 1006, 1007, 1014, 1341, 1343, or 1344 of title 18, United States Code [sections 215, 656, 657, 1005, 1006, 1007, 1014, 1341, 1343, or 1344 of Title 18, Crimes and Criminal Procedure], that substantially jeopardizes the safety and soundness of a federally insured financial institution."

Sentencing Guidelines for Personal Injury From Fraud. Pub.L. 100-700, Chapter 47, § 2(b), Nov. 19, 1988, 102 Stat. 4632, provided that:

"Pursuant to its authority under section 994(p) of title 28, United States Code [section 994(p) of Title 28, Judiciary and Judicial Procedure] and section 21 of the Sentencing Act of 1987 [Pub.L. 100-182, § 21, set out as a note under this section], the United States Sentencing Commission shall promulgate guidelines, or shall amend existing guidelines, to provide for appropriate penalty enhancements, where conscious or reckless risk of serious personal injury resulting from the fraud has occurred. The Commission shall consider the appropriateness of assigning to such a defendant an offense level under Chapter Two of the sentencing

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