Fairness in Sentencing Act of 2002

Fairness in Sentencing Act of 2002 - Disapproves Amendment number 4 of the "Amendments to the Sentencing Guidelines, Policy Statements, and Official Commentary," submitted by the United States Sentencing Commission to Congress on May 1, 2002, and provides that it shall not take effect to the extent it: (1) amends provisions setting forth the base offense level for unlawfully manufacturing, importing, exporting, or trafficking of drugs to provide that the base offense level shall not be more than level 30 if the defendant receives a mitigating role adjustment; and (2) instructs the court to apply the appropriate mitigating role adjustment to reduce the defendant's base offense level.

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4689 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4689

         To disapprove certain sentencing guideline amendments.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 9, 2002

   Mr. Smith of Texas (for himself, Mr. Sensenbrenner, Mr. Hyde, Mr. 
Gekas, Mr. Coble, Mr. Gallegly, Mr. Goodlatte, Mr. Bryant, Mr. Chabot, 
 Mr. Barr of Georgia, Mr. Jenkins, Mr. Cannon, Mr. Graham, Mr. Bachus, 
Mr. Hostettler, Mr. Green of Wisconsin, Mr. Keller, Mr. Issa, Ms. Hart, 
  Mr. Flake, and Mr. Pence) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
         To disapprove certain sentencing guideline amendments.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness in Sentencing Act of 
2002''.

SEC. 2. DISAPPROVAL OF AMENDMENTS RELATING TO PROVIDING A MAXIMUM BASE 
              OFFENSE LEVEL UNDER SECTION 2D1.1(A)(3) IF THE DEFENDANT 
              RECEIVES A MITIGATING ROLE ADJUSTMENT UNDER SECTION 
              3B1.2.

    Amendment number 4 of the ``Amendments to the Sentencing 
Guidelines, Policy Statements, and Official Commentary'', submitted by 
the United States Sentencing Commission to Congress on May 1, 2002, is 
disapproved and shall not take effect to the extent it--
            (1) amends section 2D1.1(a)(3) of the sentencing 
        guidelines; and
            (2) amends the Commentary to section 3B1.2 captioned 
        ``Application Notes''.
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