[Congressional Record Volume 148, Number 148 (Friday, November 15, 2002)]
[Extensions of Remarks]
[Page E2079]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    CORRECTION TO DISSENTING VIEWS TO COMMITTEE REPORT TO H.R. 4689

                                 ______
                                 

                          HON. ROBERT C. SCOTT

                              of virginia

                    in the house of representatives

                      Thursday, November 14, 2002

  Mr. SCOTT. Mr. Speaker, I signed the ``Dissenting Views'' to the 
Committee Report to H.R. 4689, the ``Fairness in Sentencing Act of 
2002,'' along with three other members of the Committee. The views 
included the following statements: ``If enacted, the bill would prevent 
individuals who perform low-level drug trafficking functions from 
qualifying for a mitigating role adjustment under the United States 
Sentencing Guidelines.'' and ``The bill prevents low-level, first-
offense drug offenders from receiving a mitigating role adjustment 
under the sentencing guidelines.''.
  These statements do not precisely reflect their point. The bill would 
overturn a new U.S. Sentencing Commission guideline which establishes a 
10-year cap on how much drug quantity can impact the guidelines. 
Without such a cap, the impact of drug quantity alone can result in a 
sentence that is in great disproportion to the relative role of the 
offender in a drug enterprise. Accordingly, although the statements may 
not be precise, the point remains that, under the bill, certain low-
level offenders will be prevented from receiving any meaningful benefit 
from a mitigating role adjustment, so long as the quantity alone can 
require such a disproportionate sentence under the guidelines.

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