Page:United States Statutes at Large Volume 124.djvu/2400

 124 STAT. 2374 PUBLIC LAW 111–220—AUG. 3, 2010 (IV) knowingly involved an individual who was unusually vulnerable due to physical or mental condi- tion, or who was particularly susceptible to criminal conduct, in the offense. (iii) The defendant was involved in the importation into the United States of a controlled substance. (iv) The defendant engaged in witness intimidation, tampered with or destroyed evidence, or otherwise obstructed justice in connection with the investigation or prosecution of the offense. (v) The defendant committed the drug trafficking offense as part of a pattern of criminal conduct engaged in as a livelihood. SEC. 7. INCREASED EMPHASIS ON DEFENDANT’S ROLE AND CERTAIN MITIGATING FACTORS. 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 policy statements to ensure that— (1) if the defendant is subject to a minimal role adjustment under the guidelines, the base offense level for the defendant based solely on drug quantity shall not exceed level 32; and (2) there is an additional reduction of 2 offense levels if the defendant— (A) otherwise qualifies for a minimal role adjustment under the guidelines and had a minimum knowledge of the illegal enterprise; (B) was to receive no monetary compensation from the illegal transaction; and (C) was motivated by an intimate or familial relation- ship or by threats or fear when the defendant was other- wise unlikely to commit such an offense. SEC. 8. EMERGENCY AUTHORITY FOR UNITED STATES SENTENCING COMMISSION. The United States Sentencing Commission shall— (1) promulgate the guidelines, policy statements, or amend- ments provided for in this Act as soon as practicable, and in any event not later than 90 days after the date of enactment of this Act, in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note), as though the authority under that Act had not expired; and (2) pursuant to the emergency authority provided under paragraph (1), make such conforming amendments to the Fed- eral sentencing guidelines as the Commission determines nec- essary to achieve consistency with other guideline provisions and applicable law. SEC. 9. REPORT ON EFFECTIVENESS OF DRUG COURTS. (a) IN GENERAL.—Not later than 1 year after the date of enact- ment of this Act, the Comptroller General of the United States shall submit to Congress a report analyzing the effectiveness of drug court programs receiving funds under the drug court grant program under part EE of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797–u et seq.). (b) CONTENTS.—The report submitted under subsection (a) shall— Deadline. 28 USC 994 note. Review. 28 USC 994 note.