Pub.L. 104–38, §§ 1–2, Oct. 30, 1995, 109 Stat. 334, provided:
In accordance with section 994(p) of title 28, United States Code, amendments numbered 5 and 18 of the “Amendments to the Sentencing Guidelines, Policy Statements, and Official Commentary”, submitted by the United States Sentencing Commission to Congress on May 1, 1995, are hereby disapproved and shall not take effect.
The United States Sentencing Commission shall submit to Congress recommendations (and an explanation therefor), regarding changes to the statutes and sentencing guidelines governing sentences for unlawful manufacturing, importing, exporting, and trafficking of cocaine, and like offenses, including unlawful possession, possession with intent to commit any of the forgoing offenses, and attempt and conspiracy to commit any of the forgoing offenses. The recommendations shall reflect the following considerations—
(A) the sentence imposed for trafficking in a quantity of crack cocaine should generally exceed the sentence imposed for trafficking in a like quantity of powder cocaine;
(B) high-level wholesale cocaine traffickers, organizers, and leaders of criminal activities should generally receive longer sentences than low-level retail cocaine traffickers and those who played a minor or minimal role in such criminal activity;
(C) if the Government establishes that a defendant who traffics in powder cocaine has knowledge that such cocaine will be converted into crack cocaine prior to its distribution to individual users, the defendant should be treated at sentencing as though the defendant had trafficked in crack cocaine; and
(D) an enhanced sentence should generally be imposed on a defendant who, in the course of an offense described in this subsection—
(i) murders or causes serious bodily injury to an individual;
(ii) uses a dangerous weapon;
(iii) uses or possesses a firearm;
(iv) involves a juvenile or a woman who the defendant knows or should know to be pregnant;
(v) engages in a continuing criminal enterprise or commits other criminal offenses in order to facilitate his drug trafficking activities;
(vi) knows, or should know, that he is involving an unusually vulnerable person;
(vii) restrains a victim;
(viii) traffics in cocaine within 500 feet of a school;
(ix) obstructs justice;
(x) has a significant prior criminal record; or
(xi) is an organizer or leader of drug trafficking activities involving five or more persons.
The recommendations described in the preceding subsection shall propose revision of the drug quantity ratio of crack cocaine to powder cocaine under the relevant statutes and guidelines in a manner consistent with the ratios set for other drugs and consistent with the objectives set forth in section 3553(a) of title 28 United States Code.
No later than May 1, 1996, the Department of Justice shall submit to the Judiciary Committees of the Senate and House of Representatives a report on the charging and plea practices of Federal prosecutors with respect to the offense of money laundering. Such study shall include an account of the steps taken or to be taken by the Justice Department to ensure consistency and appropriateness in the use of the money laundering statute. The Sentencing Commission shall submit to the Judiciary Committees comments on the study prepared by the Department of Justice.”
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