Page:United States Statutes at Large Volume 102 Part 5.djvu/370

 102 STAT. 4376

PUBLIC LAW 100-690—NOV. 18, 1988 841), or section 1002(a), 1003, 1005, 1009, or 1010(b)(1), (2), or (3) of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 953, 955, 959, 960(b)(1), (2), (3)), or section 922(p) of this title,"; and (2) in the fourth undesignated paragraph— (A) by striking out "section 841, 952(a), 955, or 959 of title 21," and inserting in lieu thereof "section 401 of the Controlled Substances Act (21 U.S.C. 841), or section 1002(a), 1005, or 1009 of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 955, 959),"; and (B) by inserting after "2275 of this title," the following: "subsection OJXD (A), (B), or (C), (d), or (e) of section 401 of

the Controlled Substances Act, or section 1002(a), 1003, 1009, or lOlOOt)) (1), (2), or (3) of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 953, 959, 960(b)(1), (2), (3)),". (b) SURRENDER TO STATE AUTHORITIES.—The first undesignated paragraph of section 5001 of title 18, United States Code, is amended by inserting before the period at the end thereof the following: ", unless such surrender is precluded under section 5032 of this title. SEC. 6468. DRUG OFFENSES WITHIN FEDERAL PRISONS.

(a) TWENTY YEAR MAXIMUM PENALTY.—Section 17910b) of title 18, United States Code, is amended— (1) by redesignating paragraphs (1) through (4) as (2) through (5), respectively; (2) by inserting before paragraph (2), as so redesignated, the following new paragraph (1): "(1) imprisonment for not more than 20 years, or both, if the object is specified in subsection (d)(l)(C) of this section;"; and (3) in paragraph (3), as so redesignated, by striking "or (c)(l)(C)". (b) CONSECUTIVE SENTENCES.—Section 1791 of title 18, United States Code, is further amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): "(c) Any punishment imposed under subsection (b) for a violation of this section by an inmate of a prison shall be consecutive to the sentence being served by such inmate at the time the inmate commits such violation.". 28 USC 994 note. (c) Pursuant to its authority under section 994(p) of title 28, United States Code, and section 21 of the Sentencing Act of 1987, the United States Sentencing Commission shall promulgate guidelines, or shall amend existing guidelines, to provide that a defendant convicted of violating section 1791(a)(l) of title 18, United States Code, and punishable under section 17910t)Xl) of that title as so redesignated, shall be assigned an offense level under chapter 2 of the sentencing guidelines that is^— (1) two levels greater than the level that would have been assigned had the offense not been committed in prison; and (2) in no event less than level 26. (d) If the sentencing guidelines are amended after the effective date of this section, the Sentencing Commission shall implement the instruction set forth in subsection (c) so as to achieve a comparable result.

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