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2. CONTINUING EVOLUTION AND ROLE OF THE GUIDELINES , d971de0d0062aa74 (2020)

CONTINUING EVOLUTION AND ROLE OF THE GUIDELINES The Sentencing Reform Act of 1984 changed the course of federal sentencing. guidelines and policy statements for sentencing courts to use when sentencing offenders convicted of federal crimes. The continuing importance of the guidelines in federal sentencing was further acknowledged by the Court inUnited States v.

WIRELESS TELEPHONE PROTECTION ACT (PUB. L. 105-172) , 9fe1b487a91694aa (2020)

Pub.L. 105-172, § 2(e), Apr. 24, 1998, 112 Stat. 55, provided: "(e) Amendment of Federal Sentencing Guidelines forWireless Telephone Cloning. — "(1) sentencing guidelines) is an adequate measure for establishing penalties under the Federal sentencing guidelines; "(D) the extent to which sentencing guidelines for the offenses to the Federal sentencing guidelines for other offenses of comparable seriousness; and "(H) any other factor that the Commission

PROTECTION OF CHILDREN FROM SEXUAL PREDATORS ACT OF 1998(PUB. L. 105-314) , 64fa46720838de5c (2020)

(p) of this section], the United States Sentencing Commission shall review and amend the Federal Sentencing Guidelines to provide a sentencing enhancement Guidelines subject to this title, ensure reasonable consistency with other guidelines of the Federal Sentencing Guidelines; and "(2) with respect to an offense subject to the Federal Sentencing Guidelines, avoid duplicative punishment under the Federal Sentencing Guidelines for substantially the same

VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994(PUB. L. 103-322) , 179bfd8a2ab679e4 (2020)

Federal Penalties. Sentencing Guidelines Increase for TerroristCrimes. "(a) Directive to Sentencing Commission.) — (1) The United States Sentencing Commission shall promulgate guidelines or amend existing guidelines to provide

IDENTITY THEFT AND ASSUMPTION DETERRENCE ACT OF 1998(PUB. L. 105-318) , 4eacd930df75c3b4 (2020)

Amendment of Federal Sentencing Guidelines forOffenses Under Section 1028. Federal sentencing guidelines and the policy statements of the Commission, as appropriate, to provide an appropriate penalty for each offense under section penalties under the Federal sentencing guidelines; "(4) the range of conduct covered by the offense; "(5) the extent to which sentencing enhancements

21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONSAUTHORIZATION ACT (PUB. L. 107-273) , 0e448e74b2cc10cb (2020)

and amend the Federal sentencing guidelines and the policy statements of the commission, if appropriate, to provide an appropriate sentencing enhancement relationship of the Federal sentencing guidelines for the offense to the Federal sentencing guidelines for other offenses of comparable seriousness; and (p) of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and the policy statements

VICTIMS OF TRAFFICKING AND VIOLENCE PROTECTION ACT OF 2000(PUB. L. 106-386) , 81652f04a7c1ea33 (2020)

sentencing guidelines. — "(A) In general. — Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend the Federal Sentencing Guidelines to reflect the amendment made by this subsection. "(B) Factors for consideration. — In carrying out subparagraph (A), the Commission shall consider — "(i) whether the Federal Sentencing Guidelines relating

SARBANES-OXLEY ACT OF 2002 (PUB. L. 107-204) , 9578d0543eb65d17 (2020)

Review of Federal Sentencing Guidelines forObstruction of Justice and Extensive Criminal Fraud. shall review and, as appropriate, amend the Federal Sentencing Guidelines and related policy statements to implement the provisions of this Act. Amendment to the Federal Sentencing Guidelines.

FAMILY ENTERTAINMENT AND COPYRIGHT ACT OF 2005 orARTISTS' RIGHTS AND THEFT PREVENTION ACT OF 2005 (ART ACT)(PUB. L. 109-9) , 53e19f12ef89c606 (2020)

Federal Sentencing Guidelines. of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy "(b) Authorization. — The United States Sentencing Commission may amend the Federal sentencing guidelines in accordance with the procedures set forth in

LET OUR VETERANS REST IN PEACE ACT OF 2008 (PUB. L. 110-384) , b755abaced4507ac (2020)

, amend the Federal sentencing guidelines and policy statements to ensure the guidelines and policy statements provide adequate sentencing enhancements sentencing guidelines and policy statements; "(2) make any necessary conforming changes to the Federal sentencing guidelines; and "(3) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code."

BIPARTISAN CAMPAIGN REFORM ACT OF 2002 (PUB. L. 107-155) , b00c207f69fc7917 (2020)

Sentencing Guidelines. circumstances that might justify exceptions, including circumstances for which the sentencing guidelines currently provide sentencing enhancements. " (5) Assure the guidelines adequately meet the purposes of sentencing under section 3553(a)(2) of title 18, United States Code.

CRIME CONTROL ACT OF 1990 (PUB. L. 101-647) , e80a83c4f984098e (2020)

Sentencing Commission Guidelines. "(b) Amendments to Sentencing Guidelines. — If the sentencing guidelines are amended after the effective date of this section, the Sentencing Commission Sentencing Commission Guidelines.

PROSECUTORIAL REMEDIES AND OTHER TOOLS TO END THEEXPLOITATION OF CHILDREN TODAY ACT OF 2003 or THE PROTECTACT (PUB. L. 108-21) , 5ce1236634c2b28e (2020)

"(a) [omitted] "(b) Conforming Amendments to Guidelines Manual. — The Federal Sentencing Guidelines are amended — "(1) in section 5K2.0 — "(A) by striking the Federal Sentencing Guidelines and policy statements to ensure that the guidelines are adequate to deter and punish conduct that involves a violation shall — "(1) review the Federal sentencing guidelines with respect to offenses involving gamma hydroxybutyric acid (GHB); "(2) consider amending the

717. Amendment: , 6948a4e2bd70bf39 (2020)

guidelines and policy statements for sentencing courts to use when sentencing offenders convicted of federal crimes. Manual describing the historical development and evolution of the federal sentencing guidelines. guidelines and policy statements for sentencing courts to use when sentencing offenders convicted of federal crimes.

CHILDREN'S HEALTH ACT OF 2000 or ECSTASY ANTI-PROLIFERATIONACT OF 2000 (PUB. L. 106-310) , 740768b7d42b2818 (2020)

"(a) Amendment to Federal Sentencing Guidelines. — Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Sentencing Commission shall amend the Federal sentencing guidelines in accordance with paragraph (2) with respect to any offense relating to the manufacture "(a) Amendments to Federal Sentencing Guidelines. — Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing

ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996 orMANDATORY VICTIMS RESTITUTION ACT OF 1996 (PUB. L. 104-132) , 20a66083e1b4df04 (2020)

"Pursuant to section 994 of title 28, United States Code, the United States Sentencing Commission shall promulgate guidelines or amend existing guidelines Deterrent Against Terrorist Activity Damaginga Federal Interest Computer. "(c) Amendment of Sentencing Guidelines. — Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing

STOP COUNTERFEITING IN MANUFACTURED GOODS ACT(PUB. L. 109-181) , b2708a0bf23fbbff (2020)

, and in accordance with this subsection, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to may amend the Federal sentencing guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 Commission shall determine whether the definition of `infringement amount' set forth in application note 2 of section 2B5.3 of the Federal sentencing

TELEMARKETING FRAUD PROTECTION ACT OF 1998(PUB. L. 105-184) , 5ed3ef7bd445046d (2020)

Amendment of Federal Sentencing Guidelines. "(b) Directive to Sentencing Commission. — Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall — "(1) promulgate Federal sentencing guidelines or amend existing sentencing guidelines (and policy

§ 994. Duties of the Commission , c83a390905e656ee (2020)

The sentencing guidelines prescribed under this chapter shall be formulated to minimize the likelihood that the Federal prison population will exceed the Initial Sentencing Guidelines. Effective Date of Sentencing Guidelines. For provisions directing that the sentencing guidelines promulgated pursuant to subsec.

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2010or MATTHEW SHEPARD AND JAMES BYRD, JR. HATE CRIMES PREVENTIONACT (PUB. L. 111-84) , 708be42cb01d5e70 (2020)

sentencing disparity and other goals of sentencing; "(3) an assessment of the impact of mandatory minimum sentencing provisions on the Federal prison population; "(4) an assessment of the compatibility of mandatory minimum sentencing provisions under Federal law and the sentencing guidelines system established under the Sentencing Reform Act of 1984 (Public Law 98-473;98 Stat. 1987) and the sentencing guidelines system in place after Booker v.

VETERANS' CEMETERY PROTECTION ACT OF 1997 (PUB. L. 105-101) , 1829c7ad6c73cf9a (2020)

. — Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines to provide a sentencing enhancement of not less than 2 levels for any offense against the property of a national cemetery. sentencing guidelines."

TELEPHONE RECORDS AND PRIVACY PROTECTION ACT OF 2006(PUB. L. 109-476) , d2cdd977f8e9e085 (2020)

Sentencing Guidelines. of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy "(b) Authorization. — The United States Sentencing Commission may amend the Federal sentencing guidelines in accordance with the procedures set forth in

ANABOLIC STEROID CONTROL ACT OF 2004 (PUB. L. 108-358) , e3b6b456224d9ca0 (2020)

Sentencing Commission Guidelines. "The United States Sentencing Commission shall — "(1) review the Federal sentencing guidelines with respect to offenses involving anabolic steroids; "(2) consider amending the Federal sentencing guidelines to provide for increased penalties with respect to offenses involving anabolic steroids in a manner

COMPREHENSIVE METHAMPHETAMINE CONTROL ACT OF 1996(PUB. L. 104-237) , 7c1a8e675efe8e6b (2020)

amend the sentencing guidelines to ensure that the manufacture of methamphetamine in violation of section 403(d)(2) of the Controlled Substances Act [ Pub.L. 104-237, Title II, § 302(c), Oct. 3, 1996, 110 Stat. 3105, provided: "(c) Sentencing Guidelines. — "(1) In General. — The United States Sentencing Enhanced Penalty for Dangerous Handling ofControlled Substances; Amendment of Sentencing Guidelines.

307. Amendment: , 553947c2b6571bd1 (2020)

It delegates to the Commission broad authority to review and rationalize the federal sentencing process. To this end, the Commission is established as a permanent agency to monitor sentencing practices in the federal courts throughout the nation. 3. Finally, the guidelines will apply to approximately 90 percent of all cases in the federal courts.

§ 995. Powers of the Commission , b9897414e03c848d (2020)

recommendations, including application of the Sentencing Commission guidelines and policy statements; (10) issue instructions to probation officers concerning the application of Commission guidelines and policy statements; (11) arrange with the head of any other Federal agency for the performance by such agency connected with the sentencing process; (19) study the feasibility of developing guidelines for the disposition of juvenile delinquents; (20) make recommendations

§ 3553. Imposition of a sentence , 9585670e48e9d4e2 (2020)

) issued by the Sentencing Commission pursuant to section 994(a)(1) of title 28, United States Code, subject to any amendments made to such guidelines guidelines or policy statements issued under section 994(a) of title 28, taking account of any amendments to such sentencing guidelines or policy statements statements of the Sentencing Commission, together with any amendments to such guidelines or policy statements by act of Congress.

§ 3551. Authorized sentences , 69c45bbb44adf3e1 (2020)

States Sentencing Commission has submitted the initial set of sentencing guidelines to the Congress pursuant to subparagraph (B)(i), along with a report guidelines, Federal sentencing practice should ensure that scarce prison resources are available to house violent and serious criminal offenders by the guidelines, Federal judges, in determining the particular sentence to be imposed, consider — "(1) the nature and circumstances of the offense and the

UNITED STATES PAROLE COMMISSION EXTENSION AND SENTENCINGCOMMISSION AUTHORITY ACT OF 2005 (PUB. L. 109-76) , db01f4924cdbfa2a (2020)

had not expired, the United States Sentencing Commission shall — "(1) not later than 60 days after the date of the enactment of this Act, amend the Federal sentencing guidelines, commentary, and policy statements to implement section 6703 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458); and "(2) not later than 180 days after the date of the enactment of this Act, amend the Federal sentencing guidelines, commentary, and

RYAN HAIGHT ONLINE PHARMACY CONSUMER PROTECTION ACTOF 2008 (PUB. L. 110-425) , 54a6c3e6f30b4234 (2020)

Pub.L. 110-425, § 3(k)(2), Oct. 15, 2008,122 Stat. 4833, provided: "(2) Sentencing guidelines. — The United States Sentencing Commission, in determining whether to amend, or establish new, guidelines or policy statements, to conform the Federal sentencing guidelines and policy statements to this Act and

739. Amendment: , 30dfca3404b47ac0 (2020)

Reform Act contemplates.See, e.g., 28 U.S.C. § 995(a)(12)(A) (the Commission serves as a `clearinghouse and information center' on federal sentencing) The Commission adopted this departure standard after reviewing recent federal sentencing data, trial and appellate court case law, scholarly literature , public comment and testimony, and feedback in various forms from federal judges.

687. Amendment: , 71c324e2b8158fce (2020)

sentencing guidelines and policy statements applicable to persons convicted of intellectual property rights crimes . . ." "In carrying out [the directive], the Commission shall — (1) take all appropriate measures to ensure that the Federal sentencing guidelines and policy sentencing guidelines is adequate to address the loss attributable to people who, without authorization, broadly distribute copyrighted works over the

USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT OF 2005(PUB. L. 109-177) , d9e7087ee4ea173e (2020)

Pub.L. 109-177, § 307(c), March 9, 2006, 120 Stat. 192, provided: "(c) Review of Sentencing Guidelines. — Pursuant to section 994 of title 28, United States Code, the United States Sentencing Commission shall review the Federal Sentencing Guidelines to determine whether sentencing enhancement is appropriate

714. Amendment: , 1198d442d7e7bb89 (2020)

guidelines or amend existing sentencing guidelines to provide for increased penalties for persons convicted of fraud or theft offenses in connection with Section 5(b) of the Act further requires the Commission to — (1) ensure that the sentencing guidelines and policy statements reflect the serious nature currently provide sentencing enhancements; (4) make any necessary conforming changes to the sentencing guidelines; and (5) assure that the guidelines

651. Amendment: , 452a7d9707f9d35b (2020)

The Act delegates broad authority to the Commission to review and rationalize the federal sentencing process. Background: The Sentencing Reform Act of 1984 changed the course of federal sentencing. guidelines and policy statements for sentencing courts to use when sentencing offenders convicted of federal crimes.

UNITING AND STRENGTHENING AMERICA BY PROVIDING APPROPRIATETOOLS REQUIRED TO INTERCEPT AND OBSTRUCT TERRORISM ACTOF 2001 or USA PATRIOT ACT (PUB. L. 107-56) , 8aa0837fdd81a2b1 (2020)

Pub.L. 107-56, Title VIII, § 814(f), Oct. 26, 2001,115 Stat. 384, provided: "(f) Amendment of Sentencing Guidelines Relating to CertainComputer Fraud and Abuse. — Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines to ensure that any individual convicted of a violation of section 1030 of title 18, United States Code, can be subjected to appropriate

§ 3742. Review of a sentence , b0538a05aa7b558d (2020)

(c) Plea agreements. — In the case of a plea agreement that includes a specific sentence under rule 11(e)(1)(C) of the Federal Rules of Criminal Procedure guidelines, the court shall remand the case for further sentencing proceedings with such instructions as the court considers appropriate; (2) the sentence United States magistrate judge after Dec. 1, 1990, with any reference to any United States magistrate or magistrate contained in Title 28, in any other Federal

465. Amendment: , d4a7f532ca1a2e18 (2020)

At the time of sentencing on the instant federal offense, the defendant has served ten months on the undischarged term of imprisonment. At the time of sentencing on the instant federal offense, the defendant has served three months on the undischarged term of imprisonment. At the time of sentencing on the instant federal offense, the defendant has served 22 months on the undischarged term of imprisonment.

511. Amendment: , 20ebf61d47ef453d (2020)

. § 2247) and directs the Sentencing Commission to implement this provision by promulgating amendments, if appropriate, to the applicable sentencing guidelines The provision also requires the preparation of a report to Congress analyzing federal rape sentences and obtaining comment from independent experts. See Report to Congress: Analysis of Penalties for Federal Rape Cases (March 13, 1995).

§ 992. Terms of office; compensation , 8df86889c14fb18b (2020)

guidelines go into effect pursuant to section 235(a)(1)(B)(ii) of the Sentencing Reform Act of 1984, and shall be compensated at the annual rate at which A Federal judge may serve as a member of the Commission without resigning the judge's appointment as a Federal judge. (a) of this section, the terms of the first members of the United States Sentencing Commission shall not begin to run until the sentencing guidelines go

VIOLENCE AGAINST WOMEN AND DEPARTMENT OF JUSTICEREAUTHORIZATION ACT OF 2005 (PUB. L. 109-162) , 38cccbbd8571a84d (2020)

Pub.L. 109-162, § 1191(c), Jan. 5, 2006, 119 Stat. 2960, provided: "(c) Direction to Sentencing Commission. — The United States Sentencing Commission is directed to make appropriate amendments to sentencing guidelines, policy statements, and official commentary to assure that the sentence imposed on a defendant who is convicted of a Federal offense while wearing or displaying insignia and uniform received in violation of section 716 of title 18, United

539. Amendment: , 5c17d7b430dbc6e2 (2020)

Section 3A1.4(a) is amended by deleting "international" and inserting in lieu thereof "a federal crime of". That section requires the Commission to amend the sentencing guidelines so that the adjustment in § 3A1.4 (relating to international terrorism) applies this amendment as an emergency amendment under procedures set forth in section 21(a) of the Sentencing Act of 1987.

719. Amendment: , 04e449eaf72a935c (2020)

guidelines or amend existing sentencing guidelines to provide for increased penalties for persons convicted of fraud or theft offenses in connection with Section 5(b) of the Act further required the Commission to — (1) ensure that the sentencing guidelines and policy statements reflect the serious nature currently provide sentencing enhancements; (4) make any necessary conforming changes to the sentencing guidelines; and (5) assure that the guidelines

§ 1B1.11. Use of Guidelines Manual in Effect onDate of Sentencing (Policy Statement) , 1B1.11 (2020)

Use of Guidelines Manual in Effect onDate of Sentencing (Policy Statement) (a) The court shall use the Guidelines Manual in effect on the date that edition of the Guidelines Manual. Under the guideline sentencing system, asingle sentencing range is determined based on thedefendant's overall conduct, even if there are multiplecounts

675. Amendment: , a672be3afca43ae7 (2020)

sentencing guidelines and policy statements applicable to persons convicted of intellectual property rights crimes . . ." "In carrying out [the directive], the Commission shall — (1) take all appropriate measures to ensure that the Federal sentencing guidelines and policy sentencing guidelines is adequate to address the loss attributable to people who, without authorization, broadly distribute copyrighted works over the

COURT SECURITY IMPROVEMENT ACT OF 2007 (PUB. L. 110-177) , 2267268faed0a6a0 (2020)

L. 110-177) THREATS OVER THE INTERNET AGAINST FEDERAL OFFICIALS(SECTION 115 OFFENSES). Direction to the Sentencing Commission. "The United States Sentencing Commission is directed to review the Sentencing Guidelines as they apply to threats punishable under section 115 of title

COLLEGE SCHOLARSHIP FRAUD PREVENTION ACT OF 2000(PUB. L. 106-420) , 5b4b9cd2e767246d (2020)

Sentencing Enhancement for Higher EducationFinancial Assistance Fraud. "Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines in order to provide for enhanced penalties for any offense involving fraud or misrepresentation in connection with the obtaining or providing

682. Amendment: , 9f820dc095f14570 (2020)

promulgate an amendment under emergency amendment authority by September 12, 2006, instructs the Commission to "review, and if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of any offense under section 2318 or 2320 of title 18, United States Code. sentencing guidelines is adequate to address situations in which the defendant has been convicted of one of the offenses [under section 2318 or 2320 of

690. Amendment: , 227b029f76e11aba (2020)

Amendment: Section 2J1.2 and Appendix A (Statutory Index), effective October 24, 2005 (see USSC Guidelines Manual, Supplement to Appendix C, Amendment Section 6703(b) requires the Sentencing Commission to amend the sentencing guidelines to provide for "an increased offense level for an offense under sections The increase of 12 levels is intended to provide parity with the treatment of federal crimes of terrorism within the limits of the 8 year statutory maximum

565. Amendment: , 6778ed1052e62769 (2020)

Amendment: Section 730 of the Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. 104-132,110 Stat. 1303, requires the Commission to amend the sentencing guidelines so that the adjustment in § 3A1.4 (relating to international terrorism) applies more broadly to "Federal crimes of terrorism," as defined in18 This amendment repromulgates § 3A1.4, as set forth in the May 1, 1997 Revised Supplement to the 1995 Guidelines Manual.