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H.R. 2063 (104th): Sentencing Amendment Disapproval Act of 1995

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The text of the bill below is as of Jul 19, 1995 (Introduced). The bill was not enacted into law.

HR 2063 IH

104th CONGRESS

1st Session

H. R. 2063

To disapprove sentencing guideline amendments relating to cocaine base.

IN THE HOUSE OF REPRESENTATIVES

JULY 19, 1995

Mr. EMERSON introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To disapprove sentencing guideline amendments relating to cocaine base.

    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 ‘Sentencing Amendment Disapproval Act of 1995’.

SEC. 2. DISAPPROVAL OF AMENDMENTS RELATING TO EQUALIZATION OF CRACK AND COCAINE POWDER QUANTITIES.

    In accordance with section 994(p) of title 28, United States Code, Amendment number 5 of the ‘Amendments to the Sentencing Guidelines, Policy Statements, and Official Commentary,’ submitted by the United States Sentencing Commission to Congress on May 1, 1995, is hereby disapproved and shall not take effect to the extent it--

      (1) amends 2D1.1(c)(1) through (14) of the sentencing guidelines;

      (2) inserts the following sentence in 2D1.1(c) of the sentencing guidelines: ‘Cocaine’, for the purposes of this guideline, includes cocaine hydrochloride, cocaine base, and crack cocaine.’;

      (3) deletes ‘1 gm of Cocaine Base (‘Crack’) = 20 kg of marihuana’ from the Commentary to 2D1.1 of the sentencing guidelines captioned ‘Application Notes’ in Note 10 in the subdivision captioned ‘Cocaine and Other Schedule I and II Stimulants’; and

      (4) provides reasons for the amendment, except the reasons set forth in the seventh paragraph of the discussion entitled ‘Reasons for Amendment’.