PUBLIC LAW 105-172—APR. 24, 1998 112 STAT. 55 (e) AMENDMENT OF FEDERAL SENTENCING GUIDELINES FOR 28 USC 994 note. WIRELESS TELEPHONE CLONING. — (1) IN GENERAL.— 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 the policy statements of the Commission, if appropriate, to provide an appropriate penalty for offenses involving the cloning of wireless telephones (including offenses involving an attempt or conspiracy to clone a wireless telephone). (2) FACTORS FOR CONSIDERATION. — In carrying out this subsection, the Commission shall consider, with respect to the offenses described in paragraph (1)— (A) the range of conduct covered by the offenses; (B) the existing sentences for the offenses; (C) the extent to which the value of the loss caused by the offenses (as defined in the Federal sentencing guidelines) is an adequate measure for establishing penalties under the Federal sentencing guidelines; (D) the extent to which sentencing enhancements within the Federal sentencing guidelines and the court's authority to sentence above the applicable guideline range are adequate to ensure punishment at or near the maximum penalty for the most egregious conduct covered by the offenses; (E) the extent to which the Federal sentencing guideline sentences for the offenses have been constrained by statutory maximum penalties; (F) the extent to which Federal sentencing guidelines for the offenses adequately achieve the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code; (G) the relationship of Federal sentencing guidelines for the offenses to the Federal sentencing guidelines for other offenses of comparable seriousness; and (H) any other factor that the Commission considers to be appropriate. Approved April 24, 1998. LEGISLATIVE HISTORY—S. 493 (H.R. 2460): HOUSE REPORTS: No. 105-418 accompanying H.R. 2460 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 143 (1997): Nov. 10, considered and passed Senate. Vol. 144 (1998): Feb. 26, considered and passed House, amended, in lieu of H.R. 2460. Apr. 1, Senate concurred in House amendments.
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