109 STAT. 334 PUBLIC LAW 104-38 —OCT. 30, 1995 Public Law 104-38 104th Congress An Act Of^0iqqf; '^° disapprove of amendments to the Federal Sentencing Guidelines relating to
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lowering of crack sentences and sentences for money laundering and transactions [S. 1254] in property derived from unlawful activity. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 28 USC 994 note. SECTION 1. DISAPPROVAL OF AMENDMENTS RELATING TO LOWER- ING OF CRACK SENTENCES AND SENTENCES FOR MONEY LAUNDERING AND TRANSACTIONS IN PROP- ERTY DERIVED FROM UNLAWFUL ACTIVITY. In accordance with section 994(p) of title 28, United States Code, amendments numbered 5 and 18 of the "Amendments to the Sentencing Guidehnes, Policy Statements, and Official Commentary", submitted by the United States Sentencing Commission to Congress on May 1, 1995, are hereby disapproved and shall not take effect. 28 USC 994 note. SEC. 2. REDUCTION OF SENTENCING DISPARITY. (a) RECOMMENDATIONS.— (1) IN GENERAL.—The United States Sentencing Commission shall submit to Congress recommendations (and an explanation therefor), regarding changes to the statutes and sentencing guidelines governing sentences for unlawful manufacturing, importing, exporting, and trafficking of cocaine, and like offenses, including unlawful possession, possession with intent to commit any of the forgoing offenses, and attempt and conspiracy to commit any of the forgoing offenses. The recommendations shall reflect the following considerations— (A) the sentence imposed for trafficking in a quantity of crack cocaine should generally exceed the sentence imposed for trafficking in a like quantity of powder cocaine; (B) high-level wholesale cocaine traffickers, organizers, and leaders, of criminal activities should generally receive longer sentences than low-level retail cocaine trsiffickers and those who played a minor or minimal role in such criminal activity; (C) if the Government establishes that a defendant who traffics in powder cocaine has knowledge that such cocaine will be converted into crack cocaine prior to its distribution to individual users, the defendant should be treated at sentencing as though the defendant had traf- Acked in crack cocaine; and
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