Pub. L. 108–21, Title I, § 104(a), Apr. 30, 2003, 117 Stat. 653, provided:
Notwithstanding any other provision of law regarding the amendment of Sentencing Guidelines, the United States Sentencing Commission is directed to amend the Sentencing Guidelines, to take effect on the date that is 30 days after the date of the enactment of this Act—
(1) so that the base offense level for kidnapping in section 2A4.1(a) is increased from level 24 to level 32;
(2) so as to delete section 2A4.1(b)(4)(C); and
(3) so that the increase provided by section 2A4.1(b)(5) is 6 levels instead of 3.
(b) [omitted]”.
Pub. L. 108–21, Title IV, § 401, Apr. 30, 2003, 117 Stat. 668, provided:
(a) [omitted]
The Federal Sentencing Guidelines are amended—
(1) in section 5K2.0—
(A) by striking ‘Under’ and inserting the following:
‘(a) DOWNWARD DEPARTURES IN CRIMINAL CASES OTHER THAN CHILD CRIMES AND SEXUAL OFFENSES—Under’; and
(B) by adding at the end the following:
‘(b) DOWNWARD DEPARTURES IN CHILD CRIMES AND SEXUAL OFFENSES—Under 18 U.S.C. Sec. 3553(b)(2), the sentencing court may impose a sentence below the range established by the applicable guidelines only if the court finds that there exists a mitigating circumstance of a kind, or to a degree, that—
(1) has been affirmatively and specifically identified as a permissible ground of downward departure in the sentencing guidelines or policy statements issued under section 994(a) of title 28, United States Code, taking account of any amendments to such sentencing guidelines or policy statements by act of Congress;
(2) has not adequately been taken into consideration by the Sentencing Commission in formulating the guidelines; and
(3) should result in a sentence different from that described.
‘The grounds enumerated in this Part K of chapter 5 are the sole grounds that have been affirmatively and specifically identified as a permissible ground of downward departure in these sentencing guidelines and policy statements. Thus, notwithstanding any other reference to authority to depart downward elsewhere in this Sentencing Manual, a ground of downward departure has not been affirmatively and specifically identified as a permissible ground of downward departure within the meaning of section 3553(b)(2) unless it is expressly enumerated in this Part K as a ground upon which a downward departure may be granted.’.
(2) At the end of part K of chapter 5, add the following:
‘Sec. 5K2.22 Specific Offender Characteristics as Grounds for Downward Departure in child crimes and sexual offenses (Policy Statement)
‘In sentencing a defendant convicted of an offense under section 1201 involving a minor victim, an offense under section 1591, or an offense under chapter 71, 109A, 110, or 117 of title 18, United States Code, age may be a reason to impose a sentence below the applicable guideline range only if and to the extent permitted by Sec. 5H1.1.
‘An extraordinary physical impairment may be a reason to impose a sentence below the applicable guideline range only if and to the extent permitted by Sec. 5H1.4. Drug, alcohol, or gambling dependence or abuse is not a reason for imposing a sentence below the guidelines.’
(3) Section 5K2.20 is amended by striking ‘A’ and inserting ‘Except where a defendant is convicted of an offense under section 1201 involving a minor victim, an offense under section 1591, or an offense under chapter 71, 109A, 110, or 117 of title 18, United States Code, a’.
(4) Section 5H1.6 is amended by inserting after the first sentence the following: ‘In sentencing a defendant convicted of an offense under section 1201 involving a minor victim, an offense under section 1591, or an offense under chapter 71, 109A, 110, or 117 of title 18, United States Code, family ties and responsibilities and community ties are not relevant in determining whether a sentence should be below the applicable guideline range.’.
(5) Section 5K2.13 is amended by—
(A) striking ‘or’ before ‘(3)’; and
(B) replacing ‘public’ with ‘public; or (4) the defendant has been convicted of an offense under chapter 71, 109A, 110, or 117 of title 18, United States Code.’
(c)–(f) [omitted]
Subject to subsection (j), the Guidelines Manual promulgated by the Sentencing Commission pursuant to section 994(a) of title 28, United States Code, is amended—
(1) in section 3E1.1(b)—
(A) by inserting ‘upon motion of the government stating that’ immediately before ‘the defendant has assisted authorities’; and
(B) by striking ‘taking one or more’ and all that follows through and including ‘additional level’ and insert ‘timely notifying authorities of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the government and the court to allocate their resources efficiently, decrease the offense level by 1 additional level’;
(2) in the Application Notes to the Commentary to section 3E1.1, by amending Application Note 6—
(A) by striking ‘one or both of’; and
(B) by adding the following new sentence at the end: ‘Because the Government is in the best position to determine whether the defendant has assisted authorities in a manner that avoids preparing for trial, an adjustment under subsection (b) may only be granted upon a formal motion by the Government at the time of sentencing.’; and
(3) in the Background to section 3E1.1, by striking ‘one or more of’.”.
(h) [omitted]
(1) Subject to subsection (j), the Guidelines Manual promulgated by the Sentencing Commission pursuant to section 994(a) of title 28, United States Code, is amended as follows:
(A) Application Note 4(b)(i) to section 4B1.5 is amended to read as follows:
‘(i) IN GENERAL—For purposes of subsection (b), the defendant engaged in a pattern of activity involving prohibited sexual conduct if on at least two separate occasions, the defendant engaged in prohibited sexual conduct with a minor.’.
(B) Section 2G2.4(b) is amended by adding at the end the following:
‘(4) If the offense involved material that portrays sadistic or masochistic conduct or other depictions of violence, increase by 4 levels.
‘(5) If the offense involved—
‘(A) at least 10 images, but fewer than 150, increase by 2 levels;
‘(B) at least 150 images, but fewer than 300, increase by 3 levels;
‘(C) at least 300 images, but fewer than 600, increase by 4 levels; and
‘(D) 600 or more images, increase by 5 levels.’.
(C) Section 2G2.2(b) is amended by adding at the end the following:
‘(6) If the offense involved—
‘(A) at least 10 images, but fewer than 150, increase by 2 levels;
‘(B) at least 150 images, but fewer than 300, increase by 3 levels;
‘(C) at least 300 images, but fewer than 600, increase by 4 levels; and
‘(D) 600 or more images, increase by 5 levels.’.
(2) The Sentencing Commission shall amend the Sentencing Guidelines to ensure that the Guidelines adequately reflect the seriousness of the offenses under sections 2243(b), 2244(a)(4), and 2244(b) of title 18, United States Code.
(1) Upon enactment of this Act, the Sentencing Commission shall forthwith distribute to all courts of the United States and to the United States Probation System the amendments made by subsections (b), (g), and (i) of this section to the sentencing guidelines, policy statements, and official commentary of the Sentencing Commission. These amendments shall take effect upon the date of enactment of this Act, in accordance with paragraph (5).
(2) On or before May 1, 2005, the Sentencing Commission shall not promulgate any amendment to the sentencing guidelines, policy statements, or official commentary of the Sentencing Commission that is inconsistent with any amendment made by subsection (b) or that adds any new grounds of downward departure to Part K of chapter 5.
(3) With respect to cases covered by the amendments made by subsection (i) of this section, the Sentencing Commission may make further amendments to the sentencing guidelines, policy statements, or official commentary of the Sentencing Commission, except that the Commission shall not promulgate any amendments that, with respect to such cases, would result in sentencing ranges that are lower than those that would have applied under such subsection.
(4) At no time may the Commission promulgate any amendment that would alter or repeal the amendments made by subsection (g) of this section.
(k)–(l) [omitted]
Not later than 180 days after the enactment of this Act, the United States Sentencing Commission shall—
(1) review the grounds of downward departure that are authorized by the sentencing guidelines, policy statements, and official commentary of the Sentencing Commission; and
(2) promulgate, pursuant to section 994 of title 28, United States Code—
(A) appropriate amendments to the sentencing guidelines, policy statements, and official commentary to ensure that the incidence of downward departures are substantially reduced;
(B) a policy statement authorizing a downward departure of not more than 4 levels if the Government files a motion for such departure pursuant to an early disposition program authorized by the Attorney General and the United States Attorney; and
(C) any other conforming amendments to the sentencing guidelines, policy statements, and official commentary of the Sentencing Commission necessitated by this Act, including a revision of paragraph 4(b) of part A of chapter 1 and a revision of section 5K2.0.”.
Pub. L. 108–21, Title V, § 504(c), Apr. 30, 2003, 117 Stat. 682, provided:
Except as provided in paragraph (2), the applicable category of offense to be used in determining the sentencing range referred to in section 3553(a)(4) of title 18, United States Code, with respect to any person convicted under section 1466A of such title, shall be the category of offenses described in section 2G2.2 of the Sentencing Guidelines.
The Sentencing Commission may promulgate guidelines specifically governing offenses under section 1466A of title 18, United States Code, if such guidelines do not result in sentencing ranges that are lower than those that would have applied under paragraph (1).”.
Pub. L. 108–21, Title V, § 512, Apr. 30, 2003, 117 Stat. 685, provided:
Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, as appropriate, amend the Federal Sentencing Guidelines and policy statements to ensure that guideline penalties are adequate in cases that involve interstate travel with the intent to engage in a sexual act with a juvenile in violation of section 2423 of title 18, United States Code, to deter and punish such conduct.”
Pub L. 108–21, Title V, § 513(c), Apr. 30, 2003, 117 Stat. 685, provided:
Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, as appropriate, amend the Federal Sentencing Guidelines and policy statements to ensure that the guidelines are adequate to deter and punish conduct that involves a violation of paragraph (3)(B) or (6) of section 2252A(a) of title 18, United States Code, as created by this Act. With respect to the guidelines for section 2252A(a)(3)(B), the Commission shall consider the relative culpability of promoting, presenting, describing, or distributing material in violation of that section as compared with solicitation of such material.”.
Pub. L. 108–21, Title VI, § 608(e), Apr. 30, 2003, 117 Stat. 691, provided:
The United States Sentencing Commission shall—
(1) review the Federal sentencing guidelines with respect to offenses involving gamma hydroxybutyric acid (GHB);
(2) consider amending the Federal sentencing guidelines to provide for increased penalties such that those penalties reflect the seriousness of offenses involving GHB and the need to deter them; and
(3) take any other action the Commission considers necessary to carry out this section.”
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