Us Code § 12522 - Enhanced penalties for illegal drug use in Federal prisons and for smuggling drugs into Federal prisons
Full text of Us Code United States Code § 12522 — Enhanced penalties for illegal drug use in Federal prisons and for smuggling drugs into Federal prisons, with citation guidance and answers to common questions.
§ 12522. Enhanced penalties for illegal drug use in Federal prisons and for smuggling drugs into Federal prisons
(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.
(Pub. L. 103–322, title IX, §90103, Sept. 13, 1994, 108 Stat. 1987.)
Editorial Notes
Codification
Section was formerly classified to section 14052 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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.
About This Section
34 U.S.C. § 12522 is part of Title 34 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
This section may be cited in legal writing as 34 U.S.C. § 12522. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.
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