Page:United States Statutes at Large Volume 109 Part 1.djvu/351

This page needs to be proofread.

PUBLIC LAW 104-38—OCT. 30, 1995 109 STAT. 335 (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) obstriicts 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): 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.