21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATION ACT (PUB. L. 107-273)

Assaults, Threats, and Other Offenses Against Federal Judges and Other Certain Federal Officers and Employees. Pub. L. 107–273, Div. C, Title I, § 11008(a), (e), Nov. 2, 2002, 116 Stat. 1819, provided:

“(a) Short Title.—This section may be cited as the ‘Federal Judiciary Protection Act of 2002’.

(b)–(d) [omitted]

(e) Amendment of the Sentencing Guidelines for Assaults and Threats Against Federal Judges and Certain Other Federal Officials and Employees.—

(1) In General.—Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and the policy statements of the commission, if appropriate, to provide an appropriate sentencing enhancement for offenses involving influencing, assaulting, resisting, impeding, retaliating against, or threatening a Federal judge, magistrate judge, or any other official described in section 111 or 115 of title 18, United States Code.

(2) Factors for Consideration.—In carrying out this section, the United States Sentencing Commission shall consider, with respect to each offense described in paragraph (1)—

(A) any expression of congressional intent regarding the appropriate penalties for the offense;

(B) the range of conduct covered by the offense;

(C) the existing sentences for the offense;

(D) the extent to which sentencing enhancements within the Federal sentencing guidelines and the authority of the court to impose a sentence in excess of the applicable guideline range are adequate to ensure punishment at or near the maximum penalty for the most egregious conduct covered by the offense;

(E) the extent to which the Federal sentencing guideline sentences for the offense have been constrained by statutory maximum penalties;

(F) the extent to which the Federal sentencing guidelines for the offense adequately achieve the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code;

(G) the relationship of the Federal sentencing guidelines for the offense to the Federal sentencing guidelines for other offenses of comparable seriousness; and

(H) any other factors that the Commission considers to be appropriate.”.

Crimes of Violence and Drug Trafficking Crimes in which the Defendent Used Body Armor. Pub. L. 107–273, Div. C, Title I, § 11009(a), (d), Nov. 2, 2002, 116 Stat. 1819, provided:

“(a) Short Title.—This section may be cited as the ‘James Guelff and Chris McCurley Body Armor Act of 2002’.

(b)–(c) [omitted]

(d) Amendment of Sentencing Guidelines with Respect to Body Armor.—

(1) In General.—Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and the policy statements of the Commission, as appropriate, to provide an appropriate sentencing enhancement for any crime of violence (as defined in section 16 of title 18, United States Code) or drug trafficking crime (as defined in section 924(c) of title 18, United States Code) (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) in which the defendant used body armor.

(2) Sense of Congress.—It is the sense of Congress that any sentencing enhancement under this subsection should be at least 2 levels.”.

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