124 STAT. 2373 PUBLIC LAW 111–220—AUG. 3, 2010 (1) in paragraph (1), by striking ‘‘$4,000,000’’, ‘‘$10,000,000’’, ‘‘$8,000,000’’, and ‘‘$20,000,000’’ and inserting‘‘$10,000,000’’, ‘‘$50,000,000’’, ‘‘$20,000,000’’, and ‘‘$75,000,000’’, respectively; and (2) in paragraph (2), by striking ‘‘$2,000,000’’, ‘‘$5,000,000’’, ‘‘$4,000,000’’, and ‘‘$10,000,000’’ and inserting ‘‘$5,000,000’’, ‘‘$25,000,000’’, ‘‘$8,000,000’’, and ‘‘$50,000,000’’, respectively. SEC. 5. ENHANCEMENTS FOR ACTS OF VIOLENCE DURING THE COURSE OF A DRUG TRAFFICKING OFFENSE. 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 to ensure that the guidelines provide an additional penalty increase of at least 2 offense levels if the defendant used violence, made a credible threat to use violence, or directed the use of violence during a drug trafficking offense. SEC. 6. INCREASED EMPHASIS ON DEFENDANT’S ROLE AND CERTAIN AGGRAVATING 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 to ensure an addi- tional increase of at least 2 offense levels if— (1) the defendant bribed, or attempted to bribe, a Federal, State, or local law enforcement official in connection with a drug trafficking offense; (2) the defendant maintained an establishment for the manufacture or distribution of a controlled substance, as gen- erally described in section 416 of the Controlled Substances Act (21 U.S.C. 856); or (3)(A) the defendant is an organizer, leader, manager, or supervisor of drug trafficking activity subject to an aggravating role enhancement under the guidelines; and (B) the offense involved 1 or more of the following super- aggravating factors: (i) The defendant— (I) used another person to purchase, sell, transport, or store controlled substances; (II) used impulse, fear, friendship, affection, or some combination thereof to involve such person in the offense; and (III) such person had a minimum knowledge of the illegal enterprise and was to receive little or no compensation from the illegal transaction. (ii) The defendant— (I) knowingly distributed a controlled substance to a person under the age of 18 years, a person over the age of 64 years, or a pregnant individual; (II) knowingly involved a person under the age of 18 years, a person over the age of 64 years, or a pregnant individual in drug trafficking; (III) knowingly distributed a controlled substance to an individual who was unusually vulnerable due to physical or mental condition, or who was particularly susceptible to criminal conduct; or Review. 28 USC 994 note. Review. 28 USC 994 note.
