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The defendant is convicted of one count of violating 18 U.S.C. 924(c) for possessing a firearm in furtherance of a drug trafficking offense (5 year mandatory minimum), and one count of violating 21 U.S.C. 841(b)(1)(B) [(e.g., trafficking in 5-50 grams of crack cocaine)] (5 year mandatory minimum, 40 year statutory maximum). Applying subsection (c)(2)(A), the court determines that the drug count (without regard to the 18 U.S.C. 924(c) count) qualifies the defendant as a career offender under 4B1.1(a). Under 4B1.1(a), the otherwise applicable guideline range for the drug count is 188-235 months (using offense level 34 (because the statutory maximum for the drug count is 40 years), minus 3 levels for acceptance of responsibility, and criminal history category VI). The court adds 60 months (the minimum required by 18 U.S.C. 924(c)) to the minimum and the maximum of that range, resulting in a guideline range of 248-295 months. Applying subsection (c)(2)(B) [(the Guideline sentence for conviction of 924(c) alone)], the court then determines the career offender guideline range from the table in subsection (c)(3) is 262-327 months. The range with the greatest minimum, 262-327 months, is used to impose the sentence in accordance with 5G1.2(e). U.S.S.G. 4B1.1, cmt, app. n.3(E).

The hate crime legislation enacted in 2009 directed the U.S. Sentencing Commission to submit a second report on federal mandatory minimums.28 The commission presented its second report in October 2011.29 A number of things had changed between the first and second Commission reports. Sentencing under the Guidelines had been in place for only a relatively short period of time when the first report was written. By the time of the second report, the number of defendants sentenced by federal courts had grown to almost three times the number sentenced under the Guidelines when the commission wrote its first report.30 The judicial landscape has changed as well. When the commission issued its first report, the Guidelines were considered binding upon sentencing judges.31 After the Supreme Court's Booker decision and its progeny, the Guidelines became but the first step in the sentencing process.32 In addition, the Fair Sentencing Act, passed in 2010, reduced the powder cocaine-crack cocaine ratio from 100 to 10 to roughly 18 to 1.33

The eight substances are heroin, powder cocaine, cocaine base (crack), PCP, LSD, fentanyl, methamphetamine, and marijuana. Criminal penalties related to each substance provide one set of mandatory minimums for trafficking in a very substantial amount listed in Section 841(b)(1)(A), and a second, lower set of mandatory minimums for trafficking in a lower but still substantial amount listed in Section 841(a)(1)(B). The first set (841(b)(1)(A) level) features the following thresholds:

At one time, possession with intent to distribute crack cocaine (cocaine base) was punished 100 times more severely than possession with intent to distribute cocaine in powdered form.294 Defendants claimed the distinction had a racially disparate impact. The claim was almost universally rejected.295

P.L. 111-220, 2(a), 124 Stat. 2372 (2010). Prior to enactment, 5000 grams of powder cocaine or 50 grams of crack cocaine triggered the Controlled Substances Act's 10-year mandatory minimum, 21 U.S.C. 841(b)(1)(A)(ii) and (iii) (2006 ed.), and 500 grams of powder or 5 grams of crack triggered its 5-year mandatory minimum. Id. 841(b)(1)(B)(ii) and (iii) (2006 ed.). The FSA established a 5000 grams to 280 gram ratio for the 10-year mandatory minimum, 21 U.S.C. 841(b)(1)(A)(ii) and (iii), and a 500 grams to 28 gram ratio for the 5-year mandatory minimum. Id. 841(b)(1)(B)(ii) and (iii).

Abstract:The laser shock peening (LSP) process using a Q-switched pulsed laser beam for surface modification has been reviewed. The development of the LSP technique and its numerous advantages over the conventional shot peening (SP) such as better surface finish, higher depths of residual stress and uniform distribution of intensity were discussed. Similar comparison with ultrasonic impact peening (UIP)/ultrasonic shot peening (USP) was incorporated, when possible. The generation of shock waves, processing parameters, and characterization of LSP treated specimens were described. Special attention was given to the influence of LSP process parameters on residual stress profiles, material properties and structures. Based on the studies so far, more fundamental understanding is still needed when selecting optimized LSP processing parameters and substrate conditions. A summary of the parametric studies of LSP on different materials has been presented. Furthermore, enhancements in the surface micro and nanohardness, elastic modulus, tensile yield strength and refinement of microstructure which translates to increased fatigue life, fretting fatigue life, stress corrosion cracking (SCC) and corrosion resistance were addressed. However, research gaps related to the inconsistencies in the literature were identified. Current status, developments and challenges of the LSP technique were discussed.Keywords: laser shock peening; shot peening; ultrasonic impact peening; compressive residual stresses; hardness; microstructure; fatigue life 153554b96e

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