2012 US Code
Title 42 - The Public Health and Welfare
Chapter 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT (§§ 13701 - 14223)
Subchapter IV - DRUG CONTROL (§§ 14051 - 14053)
Section 14052 - Enhanced penalties for illegal drug use in Federal prisons and for smuggling drugs into Federal prisons
Publication Title | United States Code, 2012 Edition, Title 42 - THE PUBLIC HEALTH AND WELFARE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT SUBCHAPTER IV - DRUG CONTROL Sec. 14052 - Enhanced penalties for illegal drug use in Federal prisons and for smuggling drugs into Federal prisons |
Contains | section 14052 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 103-322, title IX, §90103, Sept. 13, 1994, 108 Stat. 1987. |
Statutes at Large Reference | 108 Stat. 1987 |
Public Law References | Public Law 103-322 |
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It is the policy of the Federal Government that the use or distribution of illegal drugs in the Nation's Federal prisons will not be tolerated and that such crimes shall be prosecuted to the fullest extent of the law.
(b) Sentencing guidelinesPursuant to its authority under section 994 of title 28, the United States Sentencing Commission shall amend its sentencing guidelines to appropriately enhance the penalty for a person convicted of an offense—
(1) under section 844 of title 21 involving simple possession of a controlled substance within a Federal prison or other Federal detention facility; or
(2) under section 841(b) of title 21 involving the smuggling of a controlled substance into a Federal prison or other Federal detention facility or the distribution or intended distribution of a controlled substance within a Federal prison or other Federal detention facility.
(c) No probationNotwithstanding any other law, the court shall not sentence a person convicted of an offense described in subsection (b) of this section to probation.
(Pub. L. 103–322, title IX, §90103, Sept. 13, 1994, 108 Stat. 1987.)
CodificationSection is comprised of section 90103 of Pub. L. 103–322. Subsec. (b) of section 90103 of Pub. L. 103–322 is also listed in a table relating to sentencing guidelines set out under section 994 of Title 28, Judiciary and Judicial Procedure.
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