Pub.L. 103–322, Title IV, § 40111(b), Sept. 13, 1994, 108 Stat. 1903, provided:
The Sentencing Commission shall implement the amendment made by subsection (a)[of this section (pertaining to repeat sexual offenders)] by promulgating amendments, if appropriate, in the sentencing guidelines applicable to chapter 109A [of title 18] offenses.”
Pub.L. 103–322, Title IV, § 40112, Sept. 13, 1994, 108 Stat. 1903, provided:
Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and amend, where necessary, its sentencing guidelines on aggravated sexual abuse under section 2241 of title 18, United States Code, or sexual abuse under section 2242 of title 18 United States Code, as follows:
(1) The Commission shall review and promulgate amendments to the guidelines, if appropriate, to enhance penalties if more than 1 offender is involved in the offense.
(2) The Commission shall review and promulgate amendments to the guidelines, if appropriate, to reduce unwarranted disparities between the sentences for sex offenders who are known to the victim and sentences for sex offenders who are not known to the victim.
(3) The Commission shall review and promulgate amendments to the guidelines to enhance penalties, if appropriate, to render Federal penalties on Federal territory commensurate with penalties for similar offenses in the States.
(4) The Commission shall review and promulgate amendments to the guidelines, if appropriate, to account for the general problem of recidivism in cases of sex offenses, the severity of the offense, and its devastating effects on survivors.
Not later than 180 days after the date of enactment of this Act, the United States Sentencing Commission shall review and submit to Congress a report containing an analysis of Federal rape sentencing, accompanied by comment from independent experts in the field, describing—
(1) comparative Federal sentences for cases in which the rape victim is known to the defendant and cases in which the rape victim is not known to the defendant;
(2) comparative Federal sentences for cases on Federal territory and sentences in surrounding States; and
(3) an analysis of the effect of rape sentences on populations residing primarily on Federal territory relative to the impact of other Federal offenses in which the existence of Federal jurisdiction depends upon the offense’s being committed on Federal territory.”
Pub.L. 103–322, Title IV, § 40503(c), Sept. 13, 1994, 108 Stat. 1947, provided:
Not later than 6 months after the date of enactment of this Act, the United States Sentencing Commission shall conduct a study and prepare and submit to the committees on the Judiciary of the Senate and the House of Representatives a report concerning recommendations for the revision of sentencing guidelines that relate to offenses in which an HIV infected individual engages in sexual activity if the individual knows that he or she is infected with HIV and intends, through such sexual activity, to expose another to HIV.”
Pub.L. 103–322, Title VIII, § 80001, Sept. 13, 1994, 108 Stat. 1986, provided:
“(a) [enacted 18 U.S.C. § 3553(f) (Limitation on applicability of statutory minimums in certain cases)]
(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 is 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.
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.”
Pub.L. 103–322, Title IX, § 90102, Sept. 13, 1994, 108 Stat. 1987, provided:
“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).”
Pub.L. 103–322, Title IX, § 90103, Sept. 13, 1994, 108 Stat. 1987, provided:
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.
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.
Notwithstanding any other law, the court shall not sentence a person convicted of an offense described in subsection (b) to probation.”
Pub.L. 103–322, Title XI, § 110501, Sept. 13, 1994, 108 Stat. 2015, provided:
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 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.
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.”
Pub.L. 103–322, Title XI, § 110502, Sept. 13, 1994, 108 Stat. 2015, provided:
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.”
Pub.L. 103–322, Title XI, § 110512, Sept. 13, 1994, 108 Stat. 2019, provided:
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.”
Pub.L. 103–322, Title XI, § 110513, Sept. 13, 1994, 108 Stat. 2019, provided:
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).”
Pub.L. 103–322, Title XII, § 120004, Sept. 13, 1994, 108 Stat. 2022, provided:
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.”
Pub.L. 103–322, Title XIV, § 140008, Sept. 13, 1994, 108 Stat. 2033, provided:
(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.
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.”
Pub.L. 103–322, Title XVIII, § 180201(c), Sept. 13, 1994, 108 Stat. 2047, provided:
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 [21 U.S.C. § 849], as added by subsection (b) [of this section].”
Pub.L. 103–322, Title XXIV, § 240002, Sept. 13, 1994, 108 Stat. 2081, provided:
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.
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.
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.”
Pub.L. 103–322, Title XXV, § 250003, Sept. 13, 1994, 108 Stat. 2085, provided:
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.
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).”
Pub.L. 103–322, Title XXVIII, § 280003, Sept. 13, 1994, 108 Stat. 2096, as amended by Pub. L. 111–84, Div. E, § 4703(a), Oct. 28, 2009, 123 Stat. 2836, provided:
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 actual or perceived race, color, religion, national origin, ethnicity, gender, gender identity, disability, or sexual orientation of any person.
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.”
Pub.L. 103–322, Title XXVIII, § 280006, Sept. 13, 1994, 108 Stat. 2097, provided:
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.”
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