Page:United States Statutes at Large Volume 108 Part 3.djvu/234

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108 STAT. 1986 PUBLIC LAW 103-322—SEPT. 13, 1994 or of a common scheme or plan, but the fact that the defendant has no relevant or useful other information to provide or that the Government is already aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement. 28 USC 994 note. (b) SENTENCING COMMISSION AUTHORITY. — (1) IN GENERAL. — <A) The United States Sentencing Commission (referred to in this subsection as the "Commission"), under section 994(a)(1) and (p) of title 28— (i) shall promulgate guidelines, or amendments to guidelines, to carry out the purposes of this section and the amendment made by this section; and (ii) may promulgate policy statements, or amendments to policy statements, to assist in the application of this section and that amendment. (B) In the case of a defendant for whom the statutorily required minimum sentence is 5 years, such guidelines and amendments to guidelines issued under subparagraph (A) shall call for a guideline range in which the lowest term of imprisonment is at least 24 months. (2) PROCEDURES.— I f the Commission determines that it is necessary to do so in order that the amendments made under paragraph (1) may take effect on the effective date of the amendment made by subsection (a), the Commission may promulgate the amendments made under paragraph (1) in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that section had not expired. 18 USC 3553 (c) EFFECTIVE DATE AND APPLICATION.— The amendment made "oteby subsection (a) shall apply to all sentences imposed on or after the 10th day beginning aiter the date of enactment of this Act. TITLE IX—DRUG CONTROL Subtitle A—Enhanced Penalties and General Provisions SEC. 90101. ENHANCEMENT OF PENALTIES FOR DRUG TRAFFICKING IN PRISONS. Section 1791 of title 18, United States Code, is amended— (1) in subsection (c), by inserting before "Any" the following new sentence: "Any punishment imposed under subsection (b) for a violation of this section involving a controlled substance shall be consecutive to any other sentence imposed by any court for an offense involving such a controlled substance."; (2) in subsection (d)(1)(A), by inserting after "a firearm or destructive device" the following: "or a controlled substance in schedule I or II, other than marijuana or a controlled substance referred to in subparagraph (C) of this subsection"; (3) in subsection (d)(1)(B), by inserting before "ammunition," the following: "marijuana or a controlled substance in schedule III, other than a controlled substance referred to in subparagraph (C) of this subsection,";