[104th Congress Public Law 38]
[From the U.S. Government Printing Office]
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[DOCID: f:publ38.104]
Public Law 104-38
104th Congress
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. <<NOTE: Oct. 30, 1995 - [S. 1254]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. <<NOTE: 28 USC 994 note.>> 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.
<<NOTE: 28 USC 994 note.>> 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.
Approved October 30, 1995.
LEGISLATIVE HISTORY--S. 1254 (H.R. 2259):
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HOUSE REPORTS: No. 104-272 accompanying H.R. 2259 (Comm. on the
Judiciary).
CONGRESSIONAL RECORD, Vol. 141 (1995):
Sept. 29, considered and passed Senate.
Oct. 18, H.R. 2259 and S. 1254 considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995):
Oct. 30, Presidential statement.
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