L. No. 103-322, § 280003, 108 Stat. 1796, 2096 (1994) (codified at 28 U.S.C. § 994 note) (prescribing sentencing enhancements for “hate crimes” in which “the defendant intentionally selects a victim … because of … sexual orientation”); 28 U.S.C. § 534 note (requiring the Attorney General to acquire and publish an annual summary of data “about crimes that manifest evidence of prejudice based on … sexual orientation”); Local Law Enforcement Hate Crimes Prevention Act of 2009, H.R. 1913, 111th Cong. § 6 (2009) (pending bill that would make it a federal crime to “willfully cause[] body injury to any person … because of … sexual orientation [or] gender identity”); H.R. 2981, 111th Cong.

Most importantly, the Defendant has now been convicted of ten felony offenses. Upon conviction, under the applicable statute, a federal district court shall order that a person who has been found guilty of an offense and who is awaiting imposition or execution of sentence, other than a person for whom the applicable guideline promulgated pursuant to 28 U.S.C. 994 does not recommend a term of imprisonment, be detained, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released under section 3142(b) or (c). 18 U.S.C. § 3143(a)(1).

See, e.g., U.S.S.G. §§ 5H1.1-5H1.6. But the only factors said not to be “relevant in the determination of a sentence” at all are “race, sex, national origin, creed, religion, and socio- economic status,” U.S.S.G. § 5H1.10, and that is a result of a direction from Congress, see 28 U.S.C. § 994(d). Case 3:01-cr-00263-JBA Document 272 Filed 06/24/2005 Page 7 of 16 8 And, indeed, consistent with this law, the defendant already presented his arguments about his background and positive achievements as Mayor to this Court in the original sentencing process.