Page:United States Statutes at Large Volume 108 Part 3.djvu/210

 108 STAT. 1962 PUBLIC LAW 103-322—SEPT. 13, 1994 a sentence of life imprisonment or a sentence of death was authorized by statute. "(4) PREVIOUS cohfviCTiON OF OTHER SERIOUS OFFENSES. — The defendant has previously been convicted of 2 or more Federal or State offenses, punishable by a term of imprisonment of more than 1 year, committed on different occasions, involving the infliction of, or attempted infliction of, serious bodily injury or death upon another person. "(5) GRAVE RISK OF DEATH TO ADDITIONAL PERSONS.— The defendant, in the commission of the offense, or in escaping apprehension for the violation of the offense, knowingly created a grave risk of death to 1 or more persons in addition to the victim of the offense. "(6) HEINOUS, CRUEL, OR DEPRAVED MANNER OF COMMITTING OFFENSE. —The defendant committed the offense in an especially heinous, cruel, or depraved manner in that it involved torture or serious physical abuse to the victim. "(7) PROCUREMENT OF OFFENSE BY PAYMENT.—The defendant procured the commission of the offense by payment, or promise of payment, of anything of pecuniary value. "(8) PECUNIARY GAIN.— The defendant committed the offense as consideration for the receipt, or in the expectation of the receipt, of an)rthing of pecuniary value. "(9) SUBSTANTIAL PLANNING AND PREMEDITATION. —The defendant committed the offense after substantial planning and premeditation to cause the death of a person or commit an act of terrorism. "(10) CONVICTION FOR TWO FELONY DRUG OFFENSES. — The defendant has previously been convicted of 2 or more State or Federal offenses punishable by a term of imprisonment of more than one year, committed on different occasions, involving the distribution of a controlled substance. "(11) VULNERABILITY OF VICTIM. —The victim was particularly vulnerable due to old age, youth, or infirmity. " (12) CONVICTION FOR SERIOUS FEDERAL DRUG OFFENSES.— The defendant had previously been convicted of violating title II or III of the Controlled Substances Act for which a sentence of 5 or more years may be imposed or had previously been convicted of engaging in a continuing criminal enterprise. " (13) CONTINUING CRIMINAL ENTERPRISE INVOLVING DRUG SALES TO MINORS.— The defendant committed the offense in the course of engaging in a continuing criminal enterprise in violation of section 408(c) of the Controlled Substances Act (21 U.S.C. 848(c)), and that violation involved the distribution of drugs to persons under the age of 21 in violation of section 418 of that Act (21 U.S.C. 859). "(14) HIGH PUBLIC OFFICIALS.—The defendant committed the offense against— "(A) the President of the United States, the Presidentelect, the Vice President, the Vice President-elect, the Vice President-designate, or, if there is no Vice President, the officer next in order of succession to the office of the President of the United States, or any person who is acting, as President under the Constitution and laws of the United States; "(B) a chief of state, head of government, or the political equivalent, of a foreign nation;

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