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.
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