Page:United States Statutes at Large Volume 117.djvu/693

 117 STAT. 674

18 USC 3553 note.

VerDate 11-MAY-2000

13:45 Aug 26, 2004

PUBLIC LAW 108–21—APR. 30, 2003

‘‘(i) issued by the Sentencing Commission pursuant to section 994(a)(1) of title 28, United States Code, subject to any amendments made to such guidelines by act of Congress (regardless of whether such amendments have yet to be incorporated by the Sentencing Commission into amendments issued under section 994(p) of title 28); and ‘‘(ii) that, except as provided in section 3742(g), are in effect on the date the defendant is sentenced; or’’; (B) in paragraph (4)(B), by inserting ‘‘, taking into account any amendments made to such guidelines or policy statements by act of Congress (regardless of whether such amendments have yet to be incorporated by the Sentencing Commission into amendments issued under section 994(p) of title 28)’’ after ‘‘Code’’; (C) by amending paragraph (5) to read as follows: ‘‘(5) any pertinent policy statement— ‘‘(A) issued by the Sentencing Commission pursuant to section 994(a)(2) of title 28, United States Code, subject to any amendments made to such policy statement by act of Congress (regardless of whether such amendments have yet to be incorporated by the Sentencing Commission into amendments issued under section 994(p) of title 28); and ‘‘(B) that, except as provided in section 3742(g), is in effect on the date the defendant is sentenced.’’. (k) COMPLIANCE WITH STATUTE.—Section 994(a) of title 28, United States Code, is amended by striking ‘‘consistent with all pertinent provisions of this title and title 18, United States Code,’’ and inserting ‘‘consistent with all pertinent provisions of any Federal statute’’. (l) REPORT BY ATTORNEY GENERAL.— (1) DEFINED TERM.—For purposes of this section, the term ‘‘report described in paragraph (3)’’ means a report, submitted by the Attorney General, which states in detail the policies and procedures that the Department of Justice has adopted subsequent to the enactment of this Act— (A) to ensure that Department of Justice attorneys oppose sentencing adjustments, including downward departures, that are not supported by the facts and the law; (B) to ensure that Department of Justice attorneys in such cases make a sufficient record so as to permit the possibility of an appeal; (C) to delineate objective criteria, specified by the Attorney General, as to which such cases may warrant consideration of an appeal, either because of the nature or magnitude of the sentencing error, its prevalence in the district, or its prevalence with respect to a particular judge; (D) to ensure that Department of Justice attorneys promptly notify the designated Department of Justice component in Washington concerning such adverse sentencing decisions; and (E) to ensure the vigorous pursuit of appropriate and meritorious appeals of such adverse decisions. (2) REPORT REQUIRED.—

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