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Under the government's view, the law simply provides an enhanced sentence, which is to be imposed by the trial judge.
The dissent contends that § 924(c)(1) must be read to impose the enhanced sentence only for an offense committed after a previous sentence has become final.
When Mr. Olivero was offered a plea bargain, the judge wrote, the charges had no reference to a gun; after trial, prosecutors relied on the gun for an enhanced sentence.
Justice Stephen G. Breyer, one of the court's consistent liberals, joined his four most conservative colleagues in saying a Florida man with a lengthy criminal past deserved the enhanced sentence.
"Somebody has done this to make him get an enhanced sentence". The authorities warned that it was too soon to fix on any one theory of the crime, though they did not offer other possible accounts or motives.
Sponsored by the Senate's three African American members, Kamala D. Harris (D-Calif ., Cory Booker (D-Calif .nd Tim SCory Booker)., the bill would ensure that lynching triggers an enhanced sentence under federandlaw like oTim Scott cR-S.C .
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There are relatively few prosecutions of this sort: in 1996, 27 offenders received "enhanced" sentences.
The anti-racism experts say that heavier "enhanced" sentences are one of the clearest indicators that the police, crown prosecutors and courts have all recognised the hate motivation in a case but say no data is available to show how often they are imposed.
The federal judge in the case, Thomas Varlan, determined that "enhanced sentencing" guidelines regarding harm to a child justified around six years of her punishment because she carried a fetus when the crime was committed.
Harris and Booker are both sponsors of anti-lynching legislation, which enhances sentences for anyone convicted of the crime.
Their bothers were much onstage in 1992, when Congress first began talking about enhancing sentences for crimes based on bias.
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