Pub. L. 108–275, § 5, July 15, 2004, 118 Stat. 833, 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 amend its guidelines and its policy statements to ensure that the guideline offense levels and enhancements appropriately punish identity theft offenses involving an abuse of position.
In carrying out this section, the United States Sentencing Commission shall do the following:
(1) Amend U.S.S.G. section 3B1.3 (Abuse of Position of Trust of Use of Special Skill) to apply to and punish offenses in which the defendant exceeds or abuses the authority of his or her position in order to obtain unlawfully or use without authority any means of identification, as defined section 1028(d)(4) of title 18, United States Code.
(2) Ensure reasonable consistency with other relevant directives, other sentencing guidelines, and statutory provisions.
(3) Make any necessary and conforming changes to the sentencing guidelines.
(4) Ensure that the guidelines adequately meet the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code.”
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