Page:United States Statutes at Large Volume 98 Part 2.djvu/862

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 S T A T. 2022

Ante, pp. 1982, 1983.

Ante, p. 1989.


P U B L I C L A W 9 8 - 4 7 3 — O C T. 12, 1984

Federal, State, or local felony for which h e was ultimately convicted; or "(5) committed a felony that is set forth in section 401 or 1010 of the Comprehensive D r u g Abuse Prevention and Control Act of 1970 (21 U.S.C. 841 and 960), and that involved trafficking in a substantial quantity of a controlled substance, "(j) The Commission shall insure that the guidelines reflect the general appropriateness of imposing a sentence other than impriso n m e n t i n cases in which the defendant is a first offender who has not been convicted of a crime of violence or a n otherwise serious offense, and the general appropriateness of imposing a term of i m p r i s o n m e n t on a person convicted of a crime of violence that results in serious bodily injury, "(k) The Commission shall i n s u r e that the guidelines reflect the inappropriateness of imposing a sentence to a term of imprisonment for the purpose of rehabilitating the defendant or providing the defendant w i t h needed educational or vocational training, medical care, or other correctional t r e a t m e n t. "(1) The Commission shall i n s u r e that the guidelines promulgated pursuant to subsection (a)(1) reflect— "(1) the appropriateness of imposing a n incremental penalty for each offense in a case in which a defendant is convicted of— "(A) multiple offenses committed in the s a m e course of conduct that result in the exercise of ancillary jurisdiction over one or more of the offenses; and "(B) multiple offenses committed a t different times, including those cases in which the subsequent offense is a violation of section 3146 (penalty for failure to appear) or is committed while the person is released pursuant to the provisions of section 3147 (penalty for a n offense committed while on release) of title 18; and "(2) the general inappropriateness of imposing consecutive terms of i m p r i s o n m e n t for a n offense of conspiring to commit a n offense or soliciting commission of a n offense and for a n offense that was the sole object of the conspiracy or solicitation, "(m) The Commission shall i n s u r e that the guidelines reflect the fact that, in m any cases, c u r r e n t sentences do not accurately reflect the seriousness of the offense. This will require that, a s a s t a r t i n g point in its development of the initial sets of guidelines for particul a r categories of cases, the Commission ascertain the average sentences imposed in such categories of cases prior to the creation of the Commission, and in cases involving sentences to terms of imprisonment, the length of such terms actually served. The Commission shall not be bound by such average sentences, and shall independently develop a sentencing r a n g e that is consistent with the purposes of sentencing described in section 3553(a)(2) of title 18, United States Code. "(n) The Commission periodically shall review and revise, in consideration of comments and d a t a coming to its attention, the guidelines promulgated pursuant to the provisions of t h i s section. In fulfilling its duties and in exercising its powers, the Commission shall consult w i t h authorities on, and individual and institutional representatives of, various aspects of the Federal criminal justice system. The United States Probation System, the B u r e a u of Prisons, the Judicial Conference of the United States, the Criminal Division of the United States Department of Justice, and a representative of the Federal Public Defenders shall submit to the Commission any