[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1254 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  1st Session
                                S. 1254

_______________________________________________________________________

                                 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.

            Passed the Senate September 29 (legislative day, September 
      25), 1995.

            Attest:

                                                             Secretary.
104th CONGRESS

  1st Session

                                S. 1254

_______________________________________________________________________

                                 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 unlaw ful 
                               activity.