109 STAT. 334 PUBLIC LAW 104–38—OCT. 30, 1995

Public Law 104–38

104th Congress

An Act

To disapprove of amendments to the Federal Sentencing Guidelines relating to

lowering of crack sentences and sentences for money laundering and transactions

in property derived from unlawful activity.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. DISAPPROVAL OF AMENDMENTS RELATING TO LOWERING OF CRACK SENTENCES AND SENTENCES FOR

MONEY LAUNDERING AND TRANSACTIONS IN PROPERTY DERIVED FROM UNLAWFUL ACTIVITY.

In accordance with section 994(p) of title 28, United States

Code, amendments numbered 5 and 18 of the ‘‘Amendments to

the Sentencing Guidelines, Policy Statements, and Official Commentary’’, submitted by the United States Sentencing Commission

to Congress on May 1, 1995, are hereby disapproved and shall

not take effect.

SEC. 2. REDUCTION OF SENTENCING DISPARITY.

(a) RECOMMENDATIONS.—

(1) IN GENERAL.—The United States Sentencing Commission shall submit to Congress recommendations (and an explanation therefor), regarding changes to the statutes and sentencing guidelines governing sentences for unlawful manufacturing,

importing, exporting, and trafficking of cocaine, and like

offenses, including unlawful possession, possession with intent

to commit any of the forgoing offenses, and attempt and conspiracy to commit any of the forgoing offenses. The recommendations shall reflect the following considerations—

(A) the sentence imposed for trafficking in a quantity

of crack cocaine should generally exceed the sentence

imposed for trafficking in a like quantity of powder cocaine;

(B) high-level wholesale cocaine traffickers, organizers,

and leaders, of criminal activities should generally receive

longer sentences than low-level retail cocaine traffickers

and those who played a minor or minimal role in such

criminal activity;

(C) if the Government establishes that a defendant

who traffics in powder cocaine has knowledge that such

cocaine will be converted into crack cocaine prior to its

distribution to individual users, the defendant should be

treated at sentencing as though the defendant had trafficked in crack cocaine; and

28 USC 994 note.

28 USC 994 note.

Oct. 30, 1995

[S. 1254]
PUBLIC LAW 104–38—OCT. 30, 1995 109 STAT. 335

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.

Æ

(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) obstructs 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.