[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3979 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 3979

    To amend title 18, United States Code, with respect to certain 
                      mandatory minimum sentences.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 8, 1994

 Mr. Schumer (for himself and Mr. Hyde) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend title 18, United States Code, with respect to certain 
                      mandatory minimum sentences.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mandatory Minimum Sentencing Reform 
Act of 1994''.

SEC. 2. LIMITATION ON APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN 
              CERTAIN CASES.

    Section 3553 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(f) Limitation on Applicability of Statutory Minimums in Certain 
Cases.--Notwithstanding any other provision of law, in the case of an 
offense under section 401, 404, or 406 of the Controlled Substances Act 
or section 1010 or 1013 of the Controlled Substances Import and Export 
Act, the court shall impose a sentence pursuant to guidelines 
established by the United States Sentencing Commission, without regard 
to any statutory minimum sentence, if the court finds at sentencing 
that--
            ``(1) the defendant does not have more than 0 criminal 
        history points under the United States Sentencing Commission 
        Guidelines Manual;
            ``(2) the defendant did not use violence or credible 
        threats of violence or possess a firearm or other dangerous 
        weapon (or induce another participant to do so) in connection 
        with the offense;
            ``(3) the offense did not result in death or serious bodily 
        injury to any person;
            ``(4) the defendant was not an organizer, leader, manager, 
        or supervisor of others (as determined under the United States 
        Sentencing Commission Guidelines Manual) in the offense; and
            ``(5) the defendant has provided to the Government all 
        information the defendant has concerning the offense or other 
        criminal conduct related to the offense.''.

                                 <all>