Sec. 407. Exclusion of acquitted conduct and discretion to disregard manipulated conduct from consideration during sentencing
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/bill/115/hr/4261/ih/section-407·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3661 of title 18, United States Code, is amended by striking the period at the end and inserting , except that a court shall not consider conduct of which a person has not been convicted. . Section 3553 of title 18, United States Code, is amended by adding at the end the following: A court, in sentencing a defendant convicted under the Controlled Substances Act, the Controlled Substances Import and Export Act, any offense deriving its penalties from either such Act, or an offense under section 924(c) based on a drug trafficking crime, may disregard, in determining the statutory range, calculating the guideline range or considering the factors set forth in section 3553(a), any type or quantity of a controlled substance, counterfeit substance, firearm or ammunition that was determined by a confidential informant, cooperating witness, or law enforcement officer who solicited the defendant to participate in a reverse sting or fictitious stash-house robbery. .
Section 401(b)(1) of the Controlled Substances Act ( 21 U.S.C. 841(b)(1) ) is amended by adding at the end the following: In the case of a person who conspires to commit an offense under this title, the type and quantity of the controlled or counterfeit substance for the offense that was the object of the conspiracy shall be the type and quantity involved in— the defendant’s own unlawful acts; and any unlawful act of a co-conspirator that— the defendant agreed to jointly undertake; was in furtherance of that unlawful act the defendant agreed to jointly undertake; and was intended by the defendant. .
Section 1010(b) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960(b) ) is amended by adding at the end the following: In the case of a person who conspires to commit an offense under this title, the type and quantity of the controlled or counterfeit substance for the offense that was the object of the conspiracy shall be the type and quantity involved in— the defendant’s own unlawful acts; and any unlawful act of a co-conspirator that— the defendant agreed to jointly undertake; was in furtherance of that unlawful act the defendant agreed to jointly undertake; and was intended by the defendant. .
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 its guidelines and policy statements applicable to relevant conduct to ensure that they are consistent with the amendments made by this section. The following definitions apply in this section: The term reverse sting means a situation in which a person who is a law enforcement officer or is acting on behalf of law enforcement initiates a transaction involving the sale of a controlled substance, counterfeit substance, firearms or ammunition to a targeted individual.
The term stash house means a location where drugs and/or money are stored in furtherance of a drug distribution operation. The term fictitious stash house robbery means a situation in which a person who is a law enforcement officer or is acting on behalf of law enforcement describes a fictitious stash house to a targeted individual and invites the targeted individual to rob such fictitious stash house.
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Sec. 407
Exclusion of acquitted conduct and discretion to disregard manipulated conduct from consideration during sentencing
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