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(3) Whoever engages in conduct prohibited by this subsection, and as a result of such
conduct directly or proximately causes the death of any person, including any
public safety officer performing duties, shall be subject to the death penalty, or
imprisoned for not less than 20 years or for life, fined under this title, or both.
28 U.S.C. § 994(h) (2006)
(h) The Commission shall assure that the guidelines specify a sentence to a term of
imprisonment at or near the maximum term authorized for categories of defendants in
which the defendant is eighteen years old or older and—
(1) has been convicted of a felony that is—
(A) a crime of violence; or
(B) an offense described in section 401 of the Controlled Substances Act (21
U.S.C. 841), sections 1002(a), 1005, and 1009 of the Controlled Substances
Import and Export Act (21 U.S.C. 952(a), 955, and 959), and chapter 705 of
title 46; and
(2) has previously been convicted of two or more prior felonies, each of which is—
(A) a crime of violence; or
(B) an offense described in section 401 of the Controlled Substances Act (21
U.S.C. 841), sections 1002(a), 1005, and 1009 of the Controlled Substances
Import and Export Act (21 U.S.C. 952(a), 955, and 959), and chapter 705 of
title 46.
Fed. R. Crim. P. 11(a)(2)
C. Other Provisions
(a) Entering a Plea.
(2) Conditional Plea. With the consent of the court and the government, a defendant
may enter a conditional plea of guilty or nolo contendere, reserving in writing the
right to have an appellate court review an adverse determination of a specified
pretrial motion. A defendant who prevails on appeal may then withdraw the plea.
Model Penal Code § 2.02(5) (2011)
(5) Substitutes for Negligence, Recklessness and Knowledge. When the law provides that
negligence suffices to establish an element of an offense, such element also is established
if a person acts purposely, knowingly or recklessly. When recklessness suffices to
establish an element, such element also is established if a person acts purposely or
knowingly. When acting knowingly suffices to establish an element, such element also is
established if a person acts purposely.
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