Sec. 406. Directives to the Sentencing Commission
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Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend, if appropriate, its guidelines and its policy statements applicable to persons convicted of an offense under the Controlled Substances Act ( 21 U.S.C. 801 et seq. ), the Controlled Substances Import and Export Act ( 21 U.S.C. 951 et seq. ), or any offense deriving its penalties therefrom to ensure that the guidelines and policy statements are consistent with the amendments made by this title.
In carrying out this section, the United States Sentencing Commission shall consider— the mandate of the United States Sentencing Commission, under section 994(g) of title 28, United States Code, to formulate the sentencing guidelines in such a way as to minimize the likelihood that the Federal prison population will exceed the capacity of the Federal prisons ; the relevant public safety concerns; the intent of Congress that violent, repeat, and high-level drug traffickers who present public safety risks receive sufficiently severe sentences; the fiscal implications of any amendments or revisions to the sentencing guidelines or policy statements made by the United States Sentencing Commission; and the need to reduce and prevent racial disparities in Federal sentencing.
Section 994(h) of title 28, United States Code, is amended to read as follows: The Commission shall ensure that the guidelines specify a sentence to a term of imprisonment at or near the maximum term authorized for categories of defendants in which the defendant is 18 years old or older and— has been convicted of a felony that is— a violent felony as defined in section 924(e)(2)(B) of title 18; or an offense under— section 401 of the Controlled Substances Act; section 1002(a), 1005, or 1009 of the Controlled Substances Import and Export Act; or chapter 705 of title 46, United States Code; and has previously been convicted of two or more prior offenses, each of which is— classified by the applicable law of the relevant jurisdiction as a felony; is a felony as defined in section 102(13); and a violent felony as defined in section 924(e)(2)(B) of title 18; or a felony drug offense as defined in section 102(44) of the Controlled Substances Act. .
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