[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1254 Enrolled Bill (ENR)]
S.1254
One Hundred Fourth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fourth day of January, one thousand nine hundred and ninety-five
An Act
To disapprove of amendments to the Federal Sentencing Guidelines
relating to lowering of crack sentences and sentences for money
laundering and transactions in property derived from unlawful activity.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DISAPPROVAL OF AMENDMENTS RELATING TO LOWERING OF CRACK
SENTENCES AND SENTENCES FOR MONEY LAUNDERING AND TRANSACTIONS IN
PROPERTY DERIVED FROM UNLAWFUL ACTIVITY.
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.
SEC. 2. REDUCTION OF SENTENCING DISPARITY.
(a) Recommendations.--
(1) In general.--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.
(2) Ratio.--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.
(b) Study.--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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.