Page:United States Statutes at Large Volume 117.djvu/691

 117 STAT. 672

Deadline. Reports.

28 USC 994 note.

VerDate 11-MAY-2000

13:45 Aug 26, 2004

PUBLIC LAW 108–21—APR. 30, 2003

(B) by adding the following new sentence at the end: ‘‘Because the Government is in the best position to determine whether the defendant has assisted authorities in a manner that avoids preparing for trial, an adjustment under subsection (b) may only be granted upon a formal motion by the Government at the time of sentencing.’’; and (3) in the Background to section 3E1.1, by striking ‘‘one or more of’’. (h) IMPROVED DATA COLLECTION.—Section 994(w) of title 28, United States Code, is amended to read as follows: ‘‘(w)(1) The Chief Judge of each district court shall ensure that, within 30 days following entry of judgment in every criminal case, the sentencing court submits to the Commission a written report of the sentence, the offense for which it is imposed, the age, race, sex of the offender, and information regarding factors made relevant by the guidelines. The report shall also include— ‘‘(A) the judgment and commitment order; ‘‘(B) the statement of reasons for the sentence imposed (which shall include the reason for any departure from the otherwise applicable guideline range); ‘‘(C) any plea agreement; ‘‘(D) the indictment or other charging document; ‘‘(E) the presentence report; and ‘‘(F) any other information as the Commission finds appropriate. ‘‘(2) The Commission shall, upon request, make available to the House and Senate Committees on the Judiciary, the written reports and all underlying records accompanying those reports described in this section, as well as other records received from courts. ‘‘(3) The Commission shall submit to Congress at least annually an analysis of these documents, any recommendations for legislation that the Commission concludes is warranted by that analysis, and an accounting of those districts that the Commission believes have not submitted the appropriate information and documents required by this section. ‘‘(4) The Commission shall make available to the Attorney General, upon request, such data files as the Commission may assemble or maintain in electronic form that include any information submitted under paragraph (1). Such data files shall be made available in electronic form and shall include all data fields requested, including the identity of the sentencing judge.’’. (i) SENTENCING GUIDELINES AMENDMENTS.—(1) Subject to subsection (j), the Guidelines Manual promulgated by the Sentencing Commission pursuant to section 994(a) of title 28, United States Code, is amended as follows: (A) Application Note 4(b)(i) to section 4B1.5 is amended to read as follows: ‘‘(i) IN GENERAL.—For purposes of subsection (b), the defendant engaged in a pattern of activity involving prohibited sexual conduct if on at least two separate occasions, the defendant engaged in prohibited sexual conduct with a minor.’’. (B) Section 2G2.4(b) is amended by adding at the end the following:

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