Page:United States Statutes at Large Volume 102 Part 5.djvu/376

 102 STAT. 4382

PUBLIC LAW 100-690—NOV. 18, 1988 (1) in paragraph (A)(vii), by inserting ", or 1,000 or more marihuana plants regardless of weight" after "containing a detectable amount of marihuana"; (2) in paragraph (B)(vii), by inserting ", or 100 or more marihuana plants regardless of weight" after "containing a detectable amount of marihuana"; and (3) in paragraph (D) by striking out "100 or more marihuana plants" and inserting in lieu thereof "50 or more marihuana plants".

SEC. 6480. FINES FOR SIMPLE POSSESSION.

Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is amended— (1) in the second sentence— (A) by striking out "but not more than $5,000"; (B) by striking out "but not more than $10,000"; and (C) by striking out "but not more than $25,000". SEC. 6481. CONTINUING CRIMINAL ENTERPRISE.

21 USC 848.

(a) INCREASED PENALTIES.—Section 408(a) of the Controlled Substances Act is amended by— (1) striking "10 years" and inserting "20 years"; and (2) striking "20 years" and inserting "30 years". (b) REDESIGNATION.—Subsections (d) and (e) of section 408 of the Controlled Substances Act are redesignated as (c) and (d). SEC. 6482. COMMON CARRIER OPERATION UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.

(a) LOCOMOTIVES.—Section 341 of title 18, United States Code, is amended by adding after "means a" the iPollowing: "locomotive, a". Ob) MAXIMUM PENALTY.—Section 342 of title 18, United States Code, is amended by striking "five" and inserting "fifteen". 28 USC 994 note. (c) SENTENCING GUIDELINES.—(1) 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) a defendant convicted of violating section 342 of title 18, United States Code, under circumstances in which death results, shall be assigned an offense level under chapter 2 of the sentencing guidelines that is not less than level 26; and (B) a defendant convicted of violating section 342 of title 18, United States Code, under circumstances in which serious bodily injury results, shall be assigned an offense level under chapter 2 of the sentencing guidelines that is not less than level 21. (2) If the sentencing guidelines are amended after the effective date of this section, the Sentencing Commission shall implement the instruction set forth in paragraph (1) so as to achieve a comparable result. SEC. 6483. AMENDMENT TO THE FEDERAL RULES OF CRIMINAL PROCEDURE.

The Federal Rules of Criminal Procedure are amended by adding after Rule 12.2 the following:

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