Page:United States Statutes at Large Volume 110 Part 5.djvu/31

 PUBLIC LAW 104-237—OCT. 3, 1996 110 STAT. 3105 TITLE III—INCREASED PENALTIES FOR TRAFFICKING AND MANUFACTURE OF METHAMPHETAMINE AND PRECUR- SORS SEC. 301. PENALTY INCREASES FOR TRAFFICKING IN METHAMPHET- 28 USC 994 note. AMINE. (a) DIRECTIVE TO THE UNITED STATES SENTENCING COMMIS- SION.— Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and amend its guidelines sind its policy statements to provide for increased penalties for unlawful manufacturing, importing, emorting, and trafficking of methamphetamine, and other similar offenses, including unlawful possession with intent to commit any of those offenses, and attempt and conspiracy to commit any of those offenses. ITie Commission shall submit to Congress explanations therefor and any additional policy recommendations for combating methamphetamine offenses. (b) IN GENERAL.— In carrying out this section, the Commission shall ensure that the sentencing guidelines and poUcy statements for offenders convicted of offenses described in subsection (a) and any recommendations submitted under such subsection reflect the heinous nature of such offenses, the need for aggressive law enforcement action to fight such offenses, and the extreme dangers associated with unlavmil activity involving methamphetamine, including— (1) the rapidly growing incidence of methamphetsunine abuse and the threat to public safety such abuse poses; (2) the high risk of methamphetsimine addiction; (3) the increased risk of violence associated with methampheteunine trafficking and abuse; and (4) the recent increase in the illegal importation of methamphetamine and precursor chemicals. SEC. 302. ENHANCED PENALTIES FOR OFFENSES INVOLVING CERTAIN USTED CHEMICALS. (a) CONTROLLED SUBSTANCES ACT. — Section 401(d) of the Controlled Substances Act (21 U.S.C. 841(d)) is amended by striking "not more than 10 years," and inserting "not more than 20 years in the case of a violation of paragraph (1) or (2) involving a list I chemical or not more than 10 years in the case of a violation of this subsection other than a violation of paragraph (1) or (2) involving a list I chemical,". (b) CONTROLLED SUBSTANCE IMPORT AND EXPORT ACT. — Section 1010(d) of the Controlled Substance Import and Export Act (21 U.S.C. 960(d)) is amended by striking "not more than 10 years," and inserting "not more thein 20 years in the case of a violation of paragraph (1) or (3) involving a list I chemical or not more than 10 years in the case of a violation of this subsection other than a violation of paragraph (1) or (3) involving a list I chemical,". (c) SENTENCING GUIDELINES. — 28 USC 994 note. (1) IN GENERAL. —The United States Sentencing Commission shall, in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority of that section had not expired, amend the sentencing guidelines

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