PUBLIC LAW 108–21—APR. 30, 2003
117 STAT. 673
‘‘(4) If the offense involved material that portrays sadistic or masochistic conduct or other depictions of violence, increase by 4 levels. ‘‘(5) If the offense involved— ‘‘(A) at least 10 images, but fewer than 150, increase by 2 levels; ‘‘(B) at least 150 images, but fewer than 300, increase by 3 levels; ‘‘(C) at least 300 images, but fewer than 600, increase by 4 levels; and ‘‘(D) 600 or more images, increase by 5 levels.’’. (C) Section 2G2.2(b) is amended by adding at the end the following: ‘‘(6) If the offense involved— ‘‘(A) at least 10 images, but fewer than 150, increase by 2 levels; ‘‘(B) at least 150 images, but fewer than 300, increase by 3 levels; ‘‘(C) at least 300 images, but fewer than 600, increase by 4 levels; and ‘‘(D) 600 or more images, increase by 5 levels.’’. (2) The Sentencing Commission shall amend the Sentencing Guidelines to ensure that the Guidelines adequately reflect the seriousness of the offenses under sections 2243(b), 2244(a)(4), and 2244(b) of title 18, United States Code. (j) CONFORMING AMENDMENTS.— (1) Upon enactment of this Act, the Sentencing Commission shall forthwith distribute to all courts of the United States and to the United States Probation System the amendments made by subsections (b), (g), and (i) of this section to the sentencing guidelines, policy statements, and official commentary of the Sentencing Commission. These amendments shall take effect upon the date of enactment of this Act, in accordance with paragraph (5). (2) On or before May 1, 2005, the Sentencing Commission shall not promulgate any amendment to the sentencing guidelines, policy statements, or official commentary of the Sentencing Commission that is inconsistent with any amendment made by subsection (b) or that adds any new grounds of downward departure to Part K of chapter 5. (3) With respect to cases covered by the amendments made by subsection (i) of this section, the Sentencing Commission may make further amendments to the sentencing guidelines, policy statements, or official commentary of the Sentencing Commission, except that the Commission shall not promulgate any amendments that, with respect to such cases, would result in sentencing ranges that are lower than those that would have applied under such subsection. (4) At no time may the Commission promulgate any amendment that would alter or repeal the amendments made by subsection (g) of this section. (5) Section 3553(a) of title 18, United States Code, is amended— (A) by amending paragraph (4)(A) to read as follows: ‘‘(A) the applicable category of offense committed by the applicable category of defendant as set forth in the guidelines—
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