Page:United States Statutes at Large Volume 116 Part 3.djvu/227

 PUBLIC LAW 107-273—NOV. 2, 2002 116 STAT. 1819 is addressed to a United States judge, a Federal law enforcement officer, or an official who is covered by section 1114, the individual shall be fined under this title, imprisoned not more than 10 years, or both.". (e) AMENDMENT OF THE SENTENCING GUIDELINES FOR ASSAULTS AND THREATS AGAINST FEDERAL JUDGES AND CERTAIN OTHER FED- ERAL OFFICIALS AND EMPLOYEES.— (1) IN GENERAL. — Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and the policy statements of the commission, if appropriate, to provide an appropriate sentencing enhancement for offenses involving influencing, assaulting, resisting, impeding, retaliating against, or threatening a Federal judge, magistrate judge, or any other official described in section 111 or 115 of title 18, United States Code. (2) FACTORS FOR CONSIDERATION.—In carrying out this section, the United States Sentencing Commission shall consider, with respect to each offense described in paragraph (1)— (A) any expression of congressional intent regarding the appropriate penalties for the offense; (B) the range of conduct covered by the offense; (C) the existing sentences for the offense; (D) the extent to which sentencing enhancements within the Federal sentencing guidelines and the authority of the court to impose a sentence in excess of the applicable guideline range are adequate to ensure punishment at or near the maximum penalty for the most egregious conduct covered by the offense; (E) the extent to which the Federal sentencing guideline sentences for the offense have been constrained by statutory maximum penalties; (F) the extent to which the Federal sentencing guidelines for the offense adequately achieve the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code; (G) the relationship of the Federal sentencing guidelines for the offense to the Federal sentencing guidelines for other offenses of comparable seriousness; and (H) any other factors that the Commission considers to be appropriate. SEC. 11009. JAMES GUELFF AND CHRIS McCURLEY BODY ARMOR ACT OF 2002. (a) SHORT TITLE. —Th is section may be cited as the "James Guelff and Chris McCurley Body Armor Act of 2002". (b) FINDINGS. —Congress finds that— (1) nationally, police officers and ordinary citizens are facing increased danger as criminals use more deadly weaponry, body armor, and other sophisticated assault gear; (2) crime at the local level is exacerbated by the interstate movement of body armor and other assault gear; (3) there is a traffic in body armor moving in or otherwise affecting interstate commerce, and existing Federal controls over such traffic do not adequately enable the States to control this traffic within their own borders through the exercise of their police power; 28 USC 994 note. James Guelff and Chris McCurley Body Armor Act of 2002. 42 USC 3796ZZ-3.

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