A bill 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.
PL 104-38 (S.1254), enacted 10/30/1995

109 STAT. 334 
PUBLIC LAW 104-38—OCT. 30, 1995 
Public Law 104-38 
104th Congress 
An Act 
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'^° disapprove of amendments to the Federal Sentencing Guidelines relating to 
:—'. 
lowering of crack sentences and sentences for money laundering and transactions 
[S. 1254] 
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, 
28 u s e 994 note. 
SECTION 1. DISAPPROVAL OF AMENDMENTS RELATING TO LOWER-
ING OF CRACK SENTENCES AND SENTENCES FOR 
MONEY LAUNDERING AND TRANSACTIONS IN PROP-
ERTY 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 Guidehnes, Policy Statements, and Official Com-
mentary", submitted by the United States Sentencing Commission 
to Congress on May 1, 1995, are hereby disapproved and shall 
not take effect. 
28 u s e 994 note. 
SEC. 2. REDUCTION OF SENTENCING DISPARITY. 
(a) RECOMMENDATIONS.— 
(1) IN GENERAL.—^The United States Sentencing Commis-
sion shall submit to Congress recommendations (and an expla-
nation therefor), regarding changes to the statutes and sentenc-
ing 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 conspir-
acy to commit any of the forgoing offenses. The recommenda-
tions 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 trsiffickers 
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 traf-
Acked in crack cocaine; and 
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 defend-
ant 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 preced-
ing 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 Commit-
tees 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 Judici-
ary). 
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.