2016 US Code
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

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Citation 42 U.S.C. § 14052 (2016)
Section Name §14052. Enhanced penalties for illegal drug use in Federal prisons and for smuggling drugs into Federal prisons
Section Text (a) Declaration of policy

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 guidelines

Pursuant 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 probation

Notwithstanding any other law, the court shall not sentence a person convicted of an offense described in subsection (b) to probation.

Source Credit

(Pub. L. 103–322, title IX, §90103, Sept. 13, 1994, 108 Stat. 1987.)

Editorial Notes CODIFICATION

Section 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.

Publication Title United States Code, 2012 Edition, Supplement 4, 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 2016
Laws In Effect As Of Date January 6, 2017
Positive Law No
Disposition standard
Statutes at Large Reference 108 Stat. 1987
Public Law References Public Law 103-322
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