[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1789 Enrolled Bill (ENR)]
S.1789
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
To restore fairness to Federal cocaine sentencing.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``Fair Sentencing Act of 2010''.

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(a) CSA.--Section 401(b)(1) of the Controlled Substances Act (21
U.S.C. 841(b)(1)) is amended--
(1) in subparagraph (A)(iii), by striking ``50 grams'' and
inserting ``280 grams''; and
(2) in subparagraph (B)(iii), by striking ``5 grams'' and
inserting ``28 grams''.
(b) Import and Export Act.--Section 1010(b) of the Controlled
Substances Import and Export Act (21 U.S.C. 960(b)) is amended--
(1) in paragraph (1)(C), by striking ``50 grams'' and inserting
``280 grams''; and
(2) in paragraph (2)(C), by striking ``5 grams'' and inserting
``28 grams''.

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POSSESSION.
Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a))
is amended by striking the sentence beginning ``Notwithstanding the
preceding sentence,''.

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(a) Increased Penalties for Manufacture, Distribution,
Dispensation, or Possession With Intent To Manufacture, Distribute, or
Dispense.--Section 401(b)(1) of the Controlled Substances Act (21
U.S.C. 841(b)) is amended--
(1) in subparagraph (A), 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 subparagraph (B), 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.
(b) Increased Penalties for Importation and Exportation.--Section
1010(b) of the Controlled Substances Import and Export Act (21 U.S.C.
960(b)) is amended--
(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.

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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.

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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 additional
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 generally
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
(IV) knowingly involved an individual who was unusually
vulnerable due to physical or mental condition, or who was
particularly susceptible to criminal conduct, in the
offense.
(iii) The defendant was involved in the importation into
the United States of a controlled substance.
(iv) The defendant engaged in witness intimidation,
tampered with or destroyed evidence, or otherwise obstructed
justice in connection with the investigation or prosecution of
the offense.
(v) The defendant committed the drug trafficking offense as
part of a pattern of criminal conduct engaged in as a
livelihood.

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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 and policy statements to ensure
that--
(1) if the defendant is subject to a minimal role adjustment
under the guidelines, the base offense level for the defendant
based solely on drug quantity shall not exceed level 32; and
(2) there is an additional reduction of 2 offense levels if the
defendant--
(A) otherwise qualifies for a minimal role adjustment under
the guidelines and had a minimum knowledge of the illegal
enterprise;
(B) was to receive no monetary compensation from the
illegal transaction; and
(C) was motivated by an intimate or familial relationship
or by threats or fear when the defendant was otherwise unlikely
to commit such an offense.

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The United States Sentencing Commission shall--
(1) promulgate the guidelines, policy statements, or amendments
provided for in this Act as soon as practicable, and in any event
not later than 90 days after the date of enactment of this Act, in
accordance with the procedure set forth in section 21(a) of the
Sentencing Act of 1987 (28 U.S.C. 994 note), as though the
authority under that Act had not expired; and
(2) pursuant to the emergency authority provided under
paragraph (1), make such conforming amendments to the Federal
sentencing guidelines as the Commission determines necessary to
achieve consistency with other guideline provisions and applicable
law.

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(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report analyzing the effectiveness of drug court programs
receiving funds under the drug court grant program under part EE of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797-u et seq.).
(b) Contents.--The report submitted under subsection (a) shall--
(1) assess the efforts of the Department of Justice to collect
data on the performance of federally funded drug courts;
(2) address the effect of drug courts on recidivism and
substance abuse rates;
(3) address any cost benefits resulting from the use of drug
courts as alternatives to incarceration;
(4) assess the response of the Department of Justice to
previous recommendations made by the Comptroller General regarding
drug court programs; and
(5) make recommendations concerning the performance, impact,
and cost-effectiveness of federally funded drug court programs.

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CHANGES TO FEDERAL COCAINE SENTENCING LAW.
Not later than 5 years after the date of enactment of this Act, the
United States Sentencing Commission, pursuant to the authority under
sections 994 and 995 of title 28, United States Code, and the
responsibility of the United States Sentencing Commission to advise
Congress on sentencing policy under section 995(a)(20) of title 28,
United States Code, shall study and submit to Congress a report
regarding the impact of the changes in Federal sentencing law under
this Act and the amendments made by this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Fair Sentencing Act of 2010 — S. 1789

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