US (United States) Code. Title 18. Chapter 227: Sentences

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

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-CITE-

18 USC CHAPTER 227 - SENTENCES 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

.

-HEAD-

CHAPTER 227 - SENTENCES

-MISC1-

Subchapter Sec. (FOOTNOTE 1)

(FOOTNOTE 1) Editorially supplied.

A. General Provisions 3551

B. Probation 3561

C. Fines 3571

D. Imprisonment 3581

PRIOR PROVISIONS

A prior chapter 227 (Sec. 3561 et seq.) was repealed (except

sections 3577 to 3580 which were renumbered sections 3661 to 3664,

respectively), by Pub. L. 98-473, title II, Sec. 212(a)(1), (2),

235(a)(1), Oct. 12, 1984, 98 Stat. 1987, 2031, as amended,

effective Nov. 1, 1987, and applicable only to offenses committed

after the taking effect of such repeal. See Effective Date note

set out under section 3551 of this title.

Section 3561, act June 25, 1948, ch. 645, 62 Stat. 837, related

to judgment form and entry - (Rule).

Section 3562, act June 25, 1948, ch. 645, 62 Stat. 837, related

to sentence - (Rule).

Section 3563, act June 25, 1948, ch. 645, 62 Stat. 837, related

to corruption of blood or forfeiture of estate.

Section 3564, act June 25, 1948, ch. 645, 62 Stat. 837, related

to pillory and whipping.

Section 3565, acts June 25, 1948, ch. 645, 62 Stat. 837; Oct. 12,

1984, Pub. L. 98-473, title II, Sec. 235(a)(1), 238(g)(1), (i), 98

Stat. 2031, 2039; Oct. 30, 1984, Pub. L. 98-596, Sec. 2,

12(a)(7)(A), (9), (b), 98 Stat. 3134, 3139, 3140; Oct. 22, 1986,

Pub. L. 99-514, Sec. 2, 100 Stat. 2095, related to collection and

payment of fines and penalties.

Section 3566, act June 25, 1948, ch. 645, 62 Stat. 837, related

to execution of death sentence.

Section 3567, act June 25, 1948, ch. 645, 62 Stat. 838, related

to death sentence may prescribe dissection.

Section 3568, acts June 25, 1948, ch. 645, 62 Stat. 838; Sept. 2,

1960, Pub. L. 86-691, Sec. 1(a), 74 Stat. 738; June 22, 1966, Pub.

L. 89-465, Sec. 4, 80 Stat. 217, related to effective date of

sentence and credit for time in custody prior to the imposition of

sentence.

Section 3569, acts June 25, 1948, ch. 645, 62 Stat. 838; Oct. 17,

1968, Pub. L. 90-578, title III, Sec. 301(a)(1), (3), 82 Stat.

1115; Oct. 12, 1984, Pub. L. 98-473, title II, Sec. 235(a)(1),

238(h), (i), 98 Stat. 2031, 2039; Oct. 30, 1984, Pub. L. 98-596,

Sec. 3, 12(a)(8), (9), (b), 98 Stat. 3136, 3139, 3140, related to

discharge of indigent prisoner.

Section 3570, act June 25, 1948, ch. 645, 62 Stat. 839, related

to presidential remission as affecting unremitted part.

Section 3571, act June 25, 1948, ch. 645, 62 Stat. 839, related

to clerical mistakes - (Rule).

Section 3572, act June 25, 1948, ch. 645, 62 Stat. 839, related

to correction or reduction of sentence - (Rule).

Section 3573, act June 25, 1948, ch. 645, 62 Stat. 839, related

to arrest or setting aside of judgment - (Rule).

Section 3574, act June 25, 1948, ch. 645, 62 Stat. 839, related

to stay of execution and supersedeas - (Rule).

Section 3575, added Pub. L. 91-452, title X, Sec. 1001(a), Oct.

15, 1970, 84 Stat. 948, related to increased sentence for dangerous

special offenders.

Section 3576, added Pub. L. 91-452, title X, Sec. 1001(a), Oct.

15, 1970, 84 Stat. 950, related to review of sentence.

Section 3577 renumbered section 3661 of this title.

Section 3578 renumbered section 3662 of this title.

Section 3579 renumbered section 3663 of this title.

Section 3580 renumbered section 3664 of this title.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 3664, 3673, 3742 of this

title; title 42 section 300i-2.

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18 USC SUBCHAPTER A - GENERAL PROVISIONS 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER A - GENERAL PROVISIONS

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-HEAD-

SUBCHAPTER A - GENERAL PROVISIONS

-MISC1-

SUBCHAPTER A - GENERAL PROVISIONS (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should not appear.

Sec.

3551. Authorized sentences.

3552. Presentence reports.

3553. Imposition of a sentence.

3554. Order of criminal forfeiture.

3555. Order of notice to victims.

3556. Order of restitution.

3557. Review of a sentence.

3558. Implementation of a sentence.

3559. Sentencing classification of offenses.

AMENDMENTS

1994 - Pub. L. 103-322, title XXXIII, Sec. 330010(3), Sept. 13,

1994, 108 Stat. 2143, transferred analysis for this subchapter to

follow heading of this subchapter.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3565 of this title.

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18 USC Sec. 3551 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER A - GENERAL PROVISIONS

-HEAD-

Sec. 3551. Authorized sentences

-STATUTE-

(a) In General. - Except as otherwise specifically provided, a

defendant who has been found guilty of an offense described in any

Federal statute, including sections 13 and 1153 of this title,

other than an Act of Congress applicable exclusively in the

District of Columbia or the Uniform Code of Military Justice, shall

be sentenced in accordance with the provisions of this chapter so

as to achieve the purposes set forth in subparagraphs (A) through

(D) of section 3553(a)(2) to the extent that they are applicable in

light of all the circumstances of the case.

(b) Individuals. - An individual found guilty of an offense shall

be sentenced, in accordance with the provisions of section 3553, to

-

(1) a term of probation as authorized by subchapter B;

(2) a fine as authorized by subchapter C; or

(3) a term of imprisonment as authorized by subchapter D.

A sentence to pay a fine may be imposed in addition to any other

sentence. A sanction authorized by section 3554, 3555, or 3556 may

be imposed in addition to the sentence required by this subsection.

(c) Organizations. - An organization found guilty of an offense

shall be sentenced, in accordance with the provisions of section

3553, to -

(1) a term of probation as authorized by subchapter B; or

(2) a fine as authorized by subchapter C.

A sentence to pay a fine may be imposed in addition to a sentence

to probation. A sanction authorized by section 3554, 3555, or 3556

may be imposed in addition to the sentence required by this

subsection.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 1988; amended Pub. L. 101-647, title XVI, Sec. 1602, Nov. 29,

1990, 104 Stat. 4843.)

-REFTEXT-

REFERENCES IN TEXT

Acts of Congress applicable exclusively in the District of

Columbia, referred to in subsec. (a), are classified generally to

the District of Columbia Code.

The Uniform Code of Military Justice, referred to in subsec. (a),

is classified generally to chapter 47 (Sec. 801 et seq.) of Title

10, Armed Forces.

-MISC2-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-647 inserted ''including sections

13 and 1153 of this title,'' after ''any Federal statute,''.

EFFECTIVE DATE; SAVINGS PROVISION

Section 235 of chapter II (Sec. 211-239) of title II of Pub. L.

98-473, as amended by Pub. L. 99-217, Sec. 2, 4, Dec. 26, 1985, 99

Stat. 1728; Pub. L. 99-646, Sec. 35, Nov. 10, 1986, 100 Stat. 3599;

Pub. L. 100-182, Sec. 2, Dec. 7, 1987, 101 Stat. 1266; Pub. L.

104-232, Sec. 4, Oct. 2, 1996, 110 Stat. 3056, provided that:

''(a)(1) This chapter (see Tables for classification) shall take

effect on the first day of the first calendar month beginning 36

months after the date of enactment (Oct. 12, 1984) and shall apply

only to offenses committed after the taking effect of this chapter,

except that -

''(A) the repeal of chapter 402 of title 18, United States

Code, shall take effect on the date of enactment (Oct. 12, 1984);

''(B)(i) chapter 58 of title 28, United States Code, shall take

effect on the date of enactment of this Act (Oct. 12, 1984) or

October 1, 1983, whichever occurs later, and the United States

Sentencing Commission shall submit the initial sentencing

guidelines promulgated under section 994(a)(1) of title 28 to the

Congress within 30 months of the effective date of such chapter

58; and

''(ii) the sentencing guidelines promulgated pursuant to

section 994(a)(1) shall not go into effect until -

''(I) the United States Sentencing Commission has submitted

the initial set of sentencing guidelines to the Congress

pursuant to subparagraph (B)(i), along with a report stating

the reasons for the Commission's recommendations;

''(II) the General Accounting Office has undertaken a study

of the guidelines, and their potential impact in comparison

with the operation of the existing sentencing and parole

release system, and has, within one hundred and fifty days of

submission of the guidelines, reported to the Congress the

results of its study; and

''(III) the day after the Congress has had six months after

the date described in subclause (I) in which to examine the

guidelines and consider the reports; and

''(IV) section 212(a)(2) (enacting chapters 227 and 229 of

this title and repealing former chapters 227, 229, and 231 of

this title) takes effect, in the case of the initial sentencing

guidelines so promulgated.

''(2) For the purposes of section 992(a) of title 28, the terms

of the first members of the United States Sentencing Commission

shall not begin to run until the sentencing guidelines go into

effect pursuant to paragraph (1)(B)(ii).

''(b)(1) The following provisions of law in effect on the day

before the effective date of this Act shall remain in effect for

five years after the effective date as to an individual who

committed an offense or an act of juvenile delinquency before the

effective date and as to a term of imprisonment during the period

described in subsection (a)(1)(B):

''(A) Chapter 311 of title 18, United States Code.

''(B) Chapter 309 of title 18, United States Code.

''(C) Sections 4251 through 4255 of title 18, United States

Code.

''(D) Sections 5041 and 5042 of title 18, United States Code.

''(E) Sections 5017 through 5020 of title 18, United States

Code, as to a sentence imposed before the date of enactment (Oct.

12, 1984).

''(F) The maximum term of imprisonment in effect on the

effective date for an offense committed before the effective

date.

''(G) Any other law relating to a violation of a condition of

release or to arrest authority with regard to a person who

violates a condition of release.

''((2) Repealed. Pub. L. 104-232, Sec. 4, Oct. 2, 1996, 110 Stat.

3056.)

''(3) The United States Parole Commission shall set a release

date, for an individual who will be in its jurisdiction the day

before the expiration of five years after the effective date of

this Act, pursuant to section 4206 of title 18, United States Code.

A release date set pursuant to this paragraph shall be set early

enough to permit consideration of an appeal of the release date, in

accordance with Parole Commission procedures, before the expiration

of five years following the effective date of this Act.

''(4) Notwithstanding the other provisions of this subsection,

all laws in effect on the day before the effective date of this Act

pertaining to an individual who is -

''(A) released pursuant to a provision listed in paragraph (1);

and

''(B)(i) subject to supervision on the day before the

expiration of the five-year period following the effective date

of this Act; or

''(ii) released on a date set pursuant to paragraph (3);

including laws pertaining to terms and conditions of release,

revocation of release, provision of counsel, and payment of

transportation costs, shall remain in effect as to the individual

until the expiration of his sentence, except that the district

court shall determine, in accord with the Federal Rules of Criminal

Procedure, whether release should be revoked or the conditions of

release amended for violation of a condition of release.

''(5) Notwithstanding the provisions of section 991 of title 28,

United States Code, and sections 4351 and 5002 of title 18, United

States Code, the Chairman of the United States Parole Commission or

his designee shall be a member of the National Institute of

Corrections, and the Chairman of the United States Parole

Commission shall be a member of the Advisory Corrections Council

and a nonvoting member of the United States Sentencing Commission,

ex officio, until the expiration of the five-year period following

the effective date of this Act. Notwithstanding the provisions of

section 4351 of title 18, during the five-year period the National

Institute of Corrections shall have seventeen members, including

seven ex officio members. Notwithstanding the provisions of

section 991 of title 28, during the five-year period the United

States Sentencing Commission shall consist of nine members,

including two ex officio, nonvoting members.''

(Pub. L. 104-232, Sec. 3(b)(2), Oct. 2, 1996, 110 Stat. 3056,

provided that: ''Effective on the date the plan (alternative plan

by Attorney General for transfer of United States Parole

Commission's functions to another entity within Department of

Justice pursuant to section 3 of Pub. L. 104-232, set out as a note

under section 4201 of this title) takes effect, paragraphs (3) and

(4) of section 235(b) of the Sentencing Reform Act of 1984 (Pub. L.

98-473, set out above) (98 Stat. 2032) are repealed.'')

(For purposes of section 235(b) of Pub. L. 98-473, set out above,

as it relates to chapter 311 of this title and the Parole

Commission, references to ''ten years'' or ''ten-year period'' are

deemed to be references to ''fifteen years'' or ''fifteen-year

period'', respectively, see section 2(a) of Pub. L. 104-232, set

out as a note under section 4201 of this title.)

(Pub. L. 101-650, title III, Sec. 316, Dec. 1, 1990, 104 Stat.

5115, provided that: ''For the purposes of section 235(b) of Public

Law 98-473 (set out above) as it relates to chapter 311 of title

18, United States Code, and the United States Parole Commission,

each reference in such section to 'five years' or a 'five-year

period' shall be deemed a reference to 'ten years' or a 'ten-year

period', respectively.'')

(For purposes of section 235(b) of Pub. L. 98-473, set out above,

as it relates to chapter 311 of this title and the Parole

Commission, references to ''fifteen years'' or ''fifteen-year

period'' are deemed to be references to ''eighteen years'' or

''eighteen-year period'', respectively, see section 11017(a) of

Pub. L. 107-273, set out as a note under section 4202 of this

title.)

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-132, title II, Sec. 201, Apr. 24, 1996, 110 Stat.

1227, provided that: ''This subtitle (subtitle A (Sec. 201-211) of

title II of Pub. L. 104-132, enacting sections 3613A and 3663A of

this title, amending sections 2248, 2259, 2264, 2327, 3013, 3556,

3563, 3572, 3611 to 3613, 3614, 3663, and 3664 of this title and

Rule 32 of the Federal Rules of Criminal Procedure set out in the

Appendix to this title, and enacting provisions set out as notes

under this section, section 2248 of this title, and section 994 of

Title 28, Judiciary and Judicial Procedure) may be cited as the

'Mandatory Victims Restitution Act of 1996'.''

SHORT TITLE OF 1987 AMENDMENT

Pub. L. 100-182, Sec. 1, Dec. 7, 1987, 101 Stat. 1266, provided

that: ''This Act (amending sections 3006A, 3553, 3561, 3563, 3564,

3583, 3663, 3672, 3742, and 4106 of this title, section 994 of

Title 28, Judiciary and Judicial Procedure, and sections 504 and

1111 of Title 29, Labor, enacting provisions set out as notes under

sections 3006A and 3553 of this title, rule 35 of the Federal Rules

of Criminal Procedure, set out in the Appendix to this title, and

section 994 of Title 28, and amending provisions set out as a note

under this section) may be cited as the 'Sentencing Act of 1987'.''

SHORT TITLE OF 1985 AMENDMENT

Pub. L. 99-217, Sec. 1, Dec. 26, 1985, 99 Stat. 1728, provided

that: ''This Act (amending section 994 of Title 28, Judiciary and

Judicial Procedure, and provisions set out as a note under this

section) may be cited as the 'Sentencing Reform Amendments Act of

1985'.''

SHORT TITLE

Section 211 of chapter II (Sec. 211-239) of title II of Pub. L.

98-473 provided that: ''This chapter (see Tables for

classification) may be cited as the 'Sentencing Reform Act of

1984'.''

MANDATORY VICTIM RESTITUTION; PROMULGATION OF REGULATIONS BY

ATTORNEY GENERAL

Pub. L. 104-132, title II, Sec. 209, Apr. 24, 1996, 110 Stat.

1240, provided that: ''Not later than 90 days after the date of

enactment of this subtitle (Apr. 24, 1996), the Attorney General

shall promulgate guidelines, or amend existing guidelines, to carry

out this subtitle (subtitle A (Sec. 201-211) of title II of Pub. L.

104-132, see Short Title of 1996 Amendment note set out above) and

the amendments made by this subtitle and to ensure that -

''(1) in all plea agreements negotiated by the United States,

consideration is given to requesting that the defendant provide

full restitution to all victims of all charges contained in the

indictment or information, without regard to the counts to which

the defendant actually pleaded; and

''(2) orders of restitution made pursuant to the amendments

made by this subtitle are enforced to the fullest extent of the

law.''

SENTENCING OF NONVIOLENT AND NONSERIOUS OFFENDERS; SENSE OF

CONGRESS

Section 239 of Pub. L. 98-473 provided that:

''Since, due to an impending crisis in prison overcrowding,

available Federal prison space must be treated as a scarce resource

in the sentencing of criminal defendants;

''Since, sentencing decisions should be designed to ensure that

prison resources are, first and foremost, reserved for those

violent and serious criminal offenders who pose the most dangerous

threat to society;

''Since, in cases of nonviolent and nonserious offenders, the

interests of society as a whole as well as individual victims of

crime can continue to be served through the imposition of

alternative sentences, such as restitution and community service;

''Since, in the two years preceding the enactment of sentencing

guidelines, Federal sentencing practice should ensure that scarce

prison resources are available to house violent and serious

criminal offenders by the increased use of restitution, community

service, and other alternative sentences in cases of nonviolent and

nonserious offenders: Now, therefore, be it

''Declared, That it is the sense of the Senate that in the two

years preceding the enactment of the sentencing guidelines, Federal

judges, in determining the particular sentence to be imposed,

consider -

''(1) the nature and circumstances of the offense and the

history and characteristics of the defendant;

''(2) the general appropriateness of imposing a sentence other

than imprisonment in cases in which the defendant has not been

convicted of a crime of violence or otherwise serious offense;

and

''(3) the general appropriateness of imposing a sentence of

imprisonment in cases in which the defendant has been convicted

of a crime of violence or otherwise serious offense.''

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The Sentencing Reform Act of 1984 is referred to in title 16

section 460ddd.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3554, 3555, 3557, 3558 of

this title.

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18 USC Sec. 3552 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER A - GENERAL PROVISIONS

-HEAD-

Sec. 3552. Presentence reports

-STATUTE-

(a) Presentence Investigation and Report by Probation Officer. -

A United States probation officer shall make a presentence

investigation of a defendant that is required pursuant to the

provisions of Rule 32(c) of the Federal Rules of Criminal

Procedure, and shall, before the imposition of sentence, report the

results of the investigation to the court.

(b) Presentence Study and Report by Bureau of Prisons. - If the

court, before or after its receipt of a report specified in

subsection (a) or (c), desires more information than is otherwise

available to it as a basis for determining the sentence to be

imposed on a defendant found guilty of a misdemeanor or felony, it

may order a study of the defendant. The study shall be conducted

in the local community by qualified consultants unless the

sentencing judge finds that there is a compelling reason for the

study to be done by the Bureau of Prisons or there are no adequate

professional resources available in the local community to perform

the study. The period of the study shall be no more than sixty

days. The order shall specify the additional information that the

court needs before determining the sentence to be imposed. Such an

order shall be treated for administrative purposes as a provisional

sentence of imprisonment for the maximum term authorized by section

3581(b) for the offense committed. The study shall inquire into

such matters as are specified by the court and any other matters

that the Bureau of Prisons or the professional consultants believe

are pertinent to the factors set forth in section 3553(a). The

period of the study may, in the discretion of the court, be

extended for an additional period of not more than sixty days. By

the expiration of the period of the study, or by the expiration of

any extension granted by the court, the United States marshal

shall, if the defendant is in custody, return the defendant to the

court for final sentencing. The Bureau of Prisons or the

professional consultants shall provide the court with a written

report of the pertinent results of the study and make to the court

whatever recommendations the Bureau or the consultants believe will

be helpful to a proper resolution of the case. The report shall

include recommendations of the Bureau or the consultants concerning

the guidelines and policy statements, promulgated by the Sentencing

Commission pursuant to 28 U.S.C. 994(a), that they believe are

applicable to the defendant's case. After receiving the report and

the recommendations, the court shall proceed finally to sentence

the defendant in accordance with the sentencing alternatives and

procedures available under this chapter.

(c) Presentence Examination and Report by Psychiatric or

Psychological Examiners. - If the court, before or after its

receipt of a report specified in subsection (a) or (b) desires more

information than is otherwise available to it as a basis for

determining the mental condition of the defendant, the court may

order the same psychiatric or psychological examination and report

thereon as may be ordered under section 4244(b) of this title.

(d) Disclosure of Presentence Reports. - The court shall assure

that a report filed pursuant to this section is disclosed to the

defendant, the counsel for the defendant, and the attorney for the

Government at least ten days prior to the date set for sentencing,

unless this minimum period is waived by the defendant. The court

shall provide a copy of the presentence report to the attorney for

the Government to use in collecting an assessment, criminal fine,

forfeiture or restitution imposed.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 1988; amended Pub. L. 99-646, Sec. 7(a), Nov. 10, 1986, 100

Stat. 3593; Pub. L. 101-647, title XXXVI, Sec. 3625, Nov. 29, 1990,

104 Stat. 4965.)

-MISC1-

AMENDMENTS

1990 - Subsec. (d). Pub. L. 101-647 inserted at end ''The court

shall provide a copy of the presentence report to the attorney for

the Government to use in collecting an assessment, criminal fine,

forfeiture or restitution imposed.''

1986 - Subsec. (b). Pub. L. 99-646, Sec. 7(a)(1), (2),

substituted ''study shall be'' for ''study shall take'' and

inserted '', if the defendant is in custody,'' after ''United

States marshal shall''.

Subsec. (c). Pub. L. 99-646, Sec. 7(a)(3), substituted ''the

court may order the same psychiatric or psychological examination

and report thereon as may be ordered under section 4244(b) of this

title'' for ''it may order that the defendant undergo a psychiatric

or psychological examination and that the court be provided with a

written report of the results of the examination pursuant to the

provisions of section 4247''.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-647 effective 180 days after Nov. 29,

1990, see section 3631 of Pub. L. 101-647, set out as an Effective

Date note under section 3001 of Title 28, Judiciary and Judicial

Procedure.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 7(b) of Pub. L. 99-646 provided that: ''The amendments

made by this section (amending this section) shall take effect on

the date of the taking effect of section 3552 of title 18, United

States Code (Nov. 1, 1987).''

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

USE OF CERTAIN TECHNOLOGY TO FACILITATE CRIMINAL CONDUCT

Pub. L. 104-294, title V, Sec. 501, Oct. 11, 1996, 110 Stat.

3497, provided that:

''(a) Information. - The Administrative Office of the United

States courts shall establish policies and procedures for the

inclusion in all presentence reports of information that

specifically identifies and describes any use of encryption or

scrambling technology that would be relevant to an enhancement

under section 3C1.1 (dealing with Obstructing or Impeding the

Administration of Justice) of the Sentencing Guidelines or to

offense conduct under the Sentencing Guidelines.

''(b) Compiling and Report. - The United States Sentencing

Commission shall -

''(1) compile and analyze any information contained in

documentation described in subsection (a) relating to the use of

encryption or scrambling technology to facilitate or conceal

criminal conduct; and

''(2) based on the information compiled and analyzed under

paragraph (1), annually report to the Congress on the nature and

extent of the use of encryption or scrambling technology to

facilitate or conceal criminal conduct.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3672, 4106A of this

title.

-CITE-

18 USC Sec. 3553 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER A - GENERAL PROVISIONS

-HEAD-

Sec. 3553. Imposition of a sentence

-STATUTE-

(a) Factors To Be Considered in Imposing a Sentence. - The court

shall impose a sentence sufficient, but not greater than necessary,

to comply with the purposes set forth in paragraph (2) of this

subsection. The court, in determining the particular sentence to

be imposed, shall consider -

(1) the nature and circumstances of the offense and the history

and characteristics of the defendant;

(2) the need for the sentence imposed -

(A) to reflect the seriousness of the offense, to promote

respect for the law, and to provide just punishment for the

offense;

(B) to afford adequate deterrence to criminal conduct;

(C) to protect the public from further crimes of the

defendant; and

(D) to provide the defendant with needed educational or

vocational training, medical care, or other correctional

treatment in the most effective manner;

(3) the kinds of sentences available;

(4) the kinds of sentence and the sentencing range established

for -

(A) the applicable category of offense committed by the

applicable category of defendant as set forth in the guidelines

issued by the Sentencing Commission pursuant to section

994(a)(1) of title 28, United States Code, and that are in

effect on the date the defendant is sentenced; or

(B) in the case of a violation of probation or supervised

release, the applicable guidelines or policy statements issued

by the Sentencing Commission pursuant to section 994(a)(3) of

title 28, United States Code;

(5) any pertinent policy statement issued by the Sentencing

Commission pursuant to 28 U.S.C. 994(a)(2) that is in effect on

the date the defendant is sentenced;

(6) the need to avoid unwarranted sentence disparities among

defendants with similar records who have been found guilty of

similar conduct; and

(7) the need to provide restitution to any victims of the

offense.

(b) Application of Guidelines in Imposing a Sentence. - The court

shall impose a sentence of the kind, and within the range, referred

to in subsection (a)(4) unless the court finds that there exists an

aggravating or mitigating circumstance of a kind, or to a degree,

not adequately taken into consideration by the Sentencing

Commission in formulating the guidelines that should result in a

sentence different from that described. In determining whether a

circumstance was adequately taken into consideration, the court

shall consider only the sentencing guidelines, policy statements,

and official commentary of the Sentencing Commission. In the

absence of an applicable sentencing guideline, the court shall

impose an appropriate sentence, having due regard for the purposes

set forth in subsection (a)(2). In the absence of an applicable

sentencing guideline in the case of an offense other than a petty

offense, the court shall also have due regard for the relationship

of the sentence imposed to sentences prescribed by guidelines

applicable to similar offenses and offenders, and to the applicable

policy statements of the Sentencing Commission.

(c) Statement of Reasons for Imposing a Sentence. - The court, at

the time of sentencing, shall state in open court the reasons for

its imposition of the particular sentence, and, if the sentence -

(1) is of the kind, and within the range, described in

subsection (a)(4), and that range exceeds 24 months, the reason

for imposing a sentence at a particular point within the range;

or

(2) is not of the kind, or is outside the range, described in

subsection (a)(4), the specific reason for the imposition of a

sentence different from that described.

If the court does not order restitution, or orders only partial

restitution, the court shall include in the statement the reason

therefor. The court shall provide a transcription or other

appropriate public record of the court's statement of reasons to

the Probation System, and, if the sentence includes a term of

imprisonment, to the Bureau of Prisons.

(d) Presentence Procedure for an Order of Notice. - Prior to

imposing an order of notice pursuant to section 3555, the court

shall give notice to the defendant and the Government that it is

considering imposing such an order. Upon motion of the defendant

or the Government, or on its own motion, the court shall -

(1) permit the defendant and the Government to submit

affidavits and written memoranda addressing matters relevant to

the imposition of such an order;

(2) afford counsel an opportunity in open court to address

orally the appropriateness of the imposition of such an order;

and

(3) include in its statement of reasons pursuant to subsection

(c) specific reasons underlying its determinations regarding the

nature of such an order.

Upon motion of the defendant or the Government, or on its own

motion, the court may in its discretion employ any additional

procedures that it concludes will not unduly complicate or prolong

the sentencing process.

(e) Limited Authority To Impose a Sentence Below a Statutory

Minimum. - Upon motion of the Government, the court shall have the

authority to impose a sentence below a level established by statute

as a minimum sentence so as to reflect a defendant's substantial

assistance in the investigation or prosecution of another person

who has committed an offense. Such sentence shall be imposed in

accordance with the guidelines and policy statements issued by the

Sentencing Commission pursuant to section 994 of title 28, United

States Code.

(f) Limitation on Applicability of Statutory Minimums in Certain

Cases. - Notwithstanding any other provision of law, in the case of

an offense under section 401, 404, or 406 of the Controlled

Substances Act (21 U.S.C. 841, 844, 846) or section 1010 or 1013 of

the Controlled Substances Import and Export Act (21 U.S.C. 960,

963), the court shall impose a sentence pursuant to guidelines

promulgated by the United States Sentencing Commission under

section 994 of title 28 without regard to any statutory minimum

sentence, if the court finds at sentencing, after the Government

has been afforded the opportunity to make a recommendation, that -

(1) the defendant does not have more than 1 criminal history

point, as determined under the sentencing guidelines;

(2) the defendant did not use violence or credible threats of

violence or possess a firearm or other dangerous weapon (or

induce another participant to do so) in connection with the

offense;

(3) the offense did not result in death or serious bodily

injury to any person;

(4) the defendant was not an organizer, leader, manager, or

supervisor of others in the offense, as determined under the

sentencing guidelines and was not engaged in a continuing

criminal enterprise, as defined in section 408 of the Controlled

Substances Act; and

(5) not later than the time of the sentencing hearing, the

defendant has truthfully provided to the Government all

information and evidence the defendant has concerning the offense

or offenses that were part of the same course of conduct or of a

common scheme or plan, but the fact that the defendant has no

relevant or useful other information to provide or that the

Government is already aware of the information shall not preclude

a determination by the court that the defendant has complied with

this requirement.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 1989; amended Pub. L. 99-570, title I, Sec. 1007(a), Oct. 27,

1986, 100 Stat. 3207-7; Pub. L. 99-646, Sec. 8(a), 9(a), 80(a),

81(a), Nov. 10, 1986, 100 Stat. 3593, 3619; Pub. L. 100-182, Sec.

3, 16(a), 17, Dec. 7, 1987, 101 Stat. 1266, 1269, 1270; Pub. L.

100-690, title VII, Sec. 7102, Nov. 18, 1988, 102 Stat. 4416; Pub.

L. 103-322, title VIII, Sec. 80001(a), title XXVIII, Sec. 280001,

Sept. 13, 1994, 108 Stat. 1985, 2095; Pub. L. 104-294, title VI,

Sec. 601(b)(5), (6), (h), Oct. 11, 1996, 110 Stat. 3499, 3500; Pub.

L. 107-273, div. B, title IV, Sec. 4002(a)(8), Nov. 2, 2002, 116

Stat. 1807.)

-REFTEXT-

REFERENCES IN TEXT

Section 408 of the Controlled Substances Act, referred to in

subsec. (f)(4), is classified to section 848 of Title 21, Food and

Drugs.

-MISC2-

AMENDMENTS

2002 - Subsec. (e). Pub. L. 107-273 inserted ''a'' before

''minimum sentence''.

1996 - Subsec. (f). Pub. L. 104-294, Sec. 601(h), amended

directory language of Pub. L. 103-322, Sec. 80001(a). See 1994

Amendment note below.

Pub. L. 104-294, Sec. 601(b)(5), in introductory provisions,

substituted ''section 1010 or 1013 of the Controlled Substances

Import and Export Act (21 U.S.C. 960, 963)'' for ''section 1010 or

1013 of the Controlled Substances Import and Export Act (21 U.S.C.

961, 963)''.

Subsec. (f)(4). Pub. L. 104-294, Sec. 601(b)(6), substituted

''section 408 of the Controlled Substances Act'' for ''21 U.S.C.

848''.

1994 - Subsec. (a)(4). Pub. L. 103-322, Sec. 280001, amended par.

(4) generally. Prior to amendment, par. (4) read as follows: ''the

kinds of sentence and the sentencing range established for the

applicable category of offense committed by the applicable category

of defendant as set forth in the guidelines that are issued by the

Sentencing Commission pursuant to 28 U.S.C. 994(a)(1) and that are

in effect on the date the defendant is sentenced;''.

Subsec. (f). Pub. L. 103-322, Sec. 80001(a), as amended by Pub.

L. 104-294, Sec. 601(h), added subsec. (f).

1988 - Subsec. (c). Pub. L. 100-690 inserted ''or other

appropriate public record'' after ''transcription'' in second

sentence and struck out ''clerk of the'' before ''court'' in last

sentence.

1987 - Subsec. (b). Pub. L. 100-182, Sec. 3(1), (2), substituted

''court finds that there exists an aggravating or mitigating

circumstance of a kind, or to a degree, not adequately taken into

consideration by the Sentencing Commission in formulating the

guidelines that should result'' for ''court finds that an

aggravating or mitigating circumstance exists that was not

adequately taken into consideration by the Sentencing Commission in

formulating the guidelines and that should result''.

Pub. L. 100-182, Sec. 3(3), inserted after first sentence ''In

determining whether a circumstance was adequately taken into

consideration, the court shall consider only the sentencing

guidelines, policy statements, and official commentary of the

Sentencing Commission.''

Pub. L. 100-182, Sec. 16(a), substituted ''In the absence of an

applicable sentencing guideline, the court shall impose an

appropriate sentence, having due regard for the purposes set forth

in subsection (a)(2). In the absence of an applicable sentencing

guideline in the case of an offense other than a petty offense, the

court shall also have due regard for the relationship of the

sentence imposed to sentences prescribed by guidelines applicable

to similar offenses and offenders, and to the applicable policy

statements of the Sentencing Commission.'' for ''In the absence of

an applicable sentencing guideline, the court shall impose an

appropriate sentence, having due regard for the relationship of the

sentence imposed to sentences prescribed by guidelines applicable

to similar offenses and offenders, the applicable policy statements

of the Sentencing Commission, and the purposes of sentencing set

forth in subsection (a)(2).''

Subsec. (c)(1). Pub. L. 100-182, Sec. 17, inserted ''and that

range exceeds 24 months,''.

1986 - Subsec. (a)(7). Pub. L. 99-646, Sec. 81(a), added par.

(7).

Subsec. (b). Pub. L. 99-646, Sec. 9(a), inserted provision

relating to sentencing in the absence of applicable guidelines.

Subsec. (c). Pub. L. 99-646, Sec. 8(a), substituted ''If the

court does not order restitution, or orders only partial

restitution'' for ''If the sentence does not include an order of

restitution''.

Subsec. (d). Pub. L. 99-646, Sec. 80(a), struck out ''or

restitution'' after ''notice'' in heading, and struck out ''or an

order of restitution pursuant to section 3556,'' after ''section

3555,'' in introductory text.

Subsec. (e). Pub. L. 99-570 added subsec. (e).

EFFECTIVE DATE OF 1994 AMENDMENT

Section 80001(c) of Pub. L. 103-322 provided that: ''The

amendment made by subsection (a) (amending this section) shall

apply to all sentences imposed on or after the 10th day beginning

after the date of enactment of this Act (Sept. 13, 1994).''

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-182 applicable with respect to offenses

committed after Dec. 7, 1987, see section 26 of Pub. L. 100-182,

set out as a note under section 3006A of this title.

EFFECTIVE DATE OF 1986 AMENDMENTS

Section 8(c) of Pub. L. 99-646 provided that: ''The amendments

made by this section (amending this section and section 3663 of

this title) shall take effect on the date of the taking effect of

section 3553 of title 18, United States Code (Nov. 1, 1987).''

Section 9(b) of Pub. L. 99-646 provided that: ''The amendments

made by this section (amending this section) shall take effect on

the date of the taking effect of section 3553 of title 18, United

States Code (Nov. 1, 1987).''

Section 80(b) of Pub. L. 99-646 provided that: ''The amendments

made by this section (amending this section) shall take effect on

the date of the taking effect of section 212(a)(2) of the

Sentencing Reform Act of 1984 (section 212(a)(2) of Pub. L. 98-473,

effective Nov. 1, 1987).''

Section 81(b) of Pub. L. 99-646 provided that: ''The amendments

made by this section (amending this section) shall take effect on

the date of the taking effect of section 212(a)(2) of the

Sentencing Reform Act of 1984 (section 212(a)(2) of Pub. L. 98-473,

effective Nov. 1, 1987).''

Section 1007(b) of Pub. L. 99-570 provided that: ''The amendment

made by this section (amending this section) shall take effect on

the date of the taking effect of section 3553 of title 18, United

States Code (Nov. 1, 1987).''

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

AUTHORITY TO LOWER A SENTENCE BELOW STATUTORY MINIMUM FOR OLD

OFFENSES

Section 24 of Pub. L. 100-182 provided that: ''Notwithstanding

section 235 of the Comprehensive Crime Control Act of 1984 (section

235 of Pub. L. 98-473, set out as a note under section 3551 of this

title) -

''(1) section 3553(e) of title 18, United States Code;

''(2) rule 35(b) of the Federal Rules of Criminal Procedure as

amended by section 215(b) of such Act (set out in the Appendix to

this title); and

''(3) rule 35(b) as in effect before the taking effect of the

initial set of guidelines promulgated by the United States

Sentencing Commission pursuant to chapter 58 of title 28, United

States Code,

shall apply in the case of an offense committed before the taking

effect of such guidelines.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1031, 3551, 3552, 3555,

3562, 3563, 3564, 3565, 3572, 3582, 3583, 3584, 3742 of this title;

title 28 sections 991, 994, 995.

-CITE-

18 USC Sec. 3554 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER A - GENERAL PROVISIONS

-HEAD-

Sec. 3554. Order of criminal forfeiture

-STATUTE-

The court, in imposing a sentence on a defendant who has been

found guilty of an offense described in section 1962 of this title

or in title II or III of the Comprehensive Drug Abuse Prevention

and Control Act of 1970 shall order, in addition to the sentence

that is imposed pursuant to the provisions of section 3551, that

the defendant forfeit property to the United States in accordance

with the provisions of section 1963 of this title or section 413 of

the Comprehensive Drug Abuse and Control Act of 1970.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 1990.)

-REFTEXT-

REFERENCES IN TEXT

The Comprehensive Drug Abuse Prevention and Control Act of 1970,

referred to in text, is Pub. L. 91-513, Oct. 27, 1970, 84 Stat.

1236, as amended. Title II of this Act, known as the Controlled

Substances Act, is classified principally to subchapter I (Sec. 801

et seq.) of chapter 13 of Title 21, Food and Drugs. Title III of

this Act, known as the Controlled Substances Import and Export Act,

is classified principally to subchapter II (Sec. 951 et seq.) of

chapter 13 of Title 21. Section 413 of this Act is classified to

section 853 of Title 21. For complete classification of this Act to

the Code, see Short Title note set out under sections 801 and 951

of Title 21 and Tables.

-MISC2-

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3551 of this title; title

28 section 994.

-CITE-

18 USC Sec. 3555 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER A - GENERAL PROVISIONS

-HEAD-

Sec. 3555. Order of notice to victims

-STATUTE-

The court, in imposing a sentence on a defendant who has been

found guilty of an offense involving fraud or other intentionally

deceptive practices, may order, in addition to the sentence that is

imposed pursuant to the provisions of section 3551, that the

defendant give reasonable notice and explanation of the conviction,

in such form as the court may approve, to the victims of the

offense. The notice may be ordered to be given by mail, by

advertising in designated areas or through designated media, or by

other appropriate means. In determining whether to require the

defendant to give such notice, the court shall consider the factors

set forth in section 3553(a) to the extent that they are applicable

and shall consider the cost involved in giving the notice as it

relates to the loss caused by the offense, and shall not require

the defendant to bear the costs of notice in excess of $20,000.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 1991.)

-MISC1-

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3551, 3553, 3563 of this

title; title 28 section 994.

-CITE-

18 USC Sec. 3556 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER A - GENERAL PROVISIONS

-HEAD-

Sec. 3556. Order of restitution

-STATUTE-

The court, in imposing a sentence on a defendant who has been

found guilty of an offense shall order restitution in accordance

with section 3663A, and may order restitution in accordance with

section 3663. The procedures under section 3664 shall apply to all

orders of restitution under this section.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 1991; amended Pub. L. 99-646, Sec. 20(b), Nov. 10, 1986, 100

Stat. 3596; Pub. L. 104-132, title II, Sec. 202, Apr. 24, 1996, 110

Stat. 1227.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-132 substituted ''shall order restitution''

for ''may order restitution'' and ''section 3663A, and may order

restitution in accordance with section 3663. The procedures under

section 3664 shall apply to all orders of restitution under this

section'' for ''sections 3663 and 3664''.

1986 - Pub. L. 99-646 substituted ''may order restitution in

accordance with sections 3663 and 3664'' for ''under this title, or

an offense under section 902(h), (i), (j), or (n) of the Federal

Aviation Act of 1958 (49 U.S.C. 1472), may order, in addition to

the sentence that is imposed pursuant to the provisions of section

3551, that the defendant make restitution to any victim of the

offense in accordance with the provisions of sections 3663 and

3664''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-132 to be effective, to extent

constitutionally permissible, for sentencing proceedings in cases

in which defendant is convicted on or after Apr. 24, 1996, see

section 211 of Pub. L. 104-132, set out as a note under section

2248 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 20(c) of Pub. L. 99-646 provided that: ''The amendments

made by this section (amending this section and section 3663 of

this title) shall take effect on the date of the taking effect of

section 212(a)(2) of the Sentencing Reform Act of 1984 (section

212(a)(2) of Pub. L. 98-473, effective Nov. 1, 1987).''

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3551, 3563, 3612, 5037 of

this title; title 28 section 994.

-CITE-

18 USC Sec. 3557 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER A - GENERAL PROVISIONS

-HEAD-

Sec. 3557. Review of a sentence

-STATUTE-

The review of a sentence imposed pursuant to section 3551 is

governed by the provisions of section 3742.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 1991.)

-MISC1-

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-CITE-

18 USC Sec. 3558 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER A - GENERAL PROVISIONS

-HEAD-

Sec. 3558. Implementation of a sentence

-STATUTE-

The implementation of a sentence imposed pursuant to section 3551

is governed by the provisions of chapter 229.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 1991.)

-MISC1-

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-CITE-

18 USC Sec. 3559 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER A - GENERAL PROVISIONS

-HEAD-

Sec. 3559. Sentencing classification of offenses

-STATUTE-

(a) Classification. - An offense that is not specifically

classified by a letter grade in the section defining it, is

classified if the maximum term of imprisonment authorized is -

(1) life imprisonment, or if the maximum penalty is death, as a

Class A felony;

(2) twenty-five years or more, as a Class B felony;

(3) less than twenty-five years but ten or more years, as a

Class C felony;

(4) less than ten years but five or more years, as a Class D

felony;

(5) less than five years but more than one year, as a Class E

felony;

(6) one year or less but more than six months, as a Class A

misdemeanor;

(7) six months or less but more than thirty days, as a Class B

misdemeanor;

(8) thirty days or less but more than five days, as a Class C

misdemeanor; or

(9) five days or less, or if no imprisonment is authorized, as

an infraction.

(b) Effect of Classification. - Except as provided in subsection

(c), an offense classified under subsection (a) carries all the

incidents assigned to the applicable letter designation, except

that the maximum term of imprisonment is the term authorized by the

law describing the offense.

(c) Imprisonment of Certain Violent Felons. -

(1) Mandatory life imprisonment. - Notwithstanding any other

provision of law, a person who is convicted in a court of the

United States of a serious violent felony shall be sentenced to

life imprisonment if -

(A) the person has been convicted (and those convictions have

become final) on separate prior occasions in a court of the

United States or of a State of -

(i) 2 or more serious violent felonies; or

(ii) one or more serious violent felonies and one or more

serious drug offenses; and

(B) each serious violent felony or serious drug offense used

as a basis for sentencing under this subsection, other than the

first, was committed after the defendant's conviction of the

preceding serious violent felony or serious drug offense.

(2) Definitions. - For purposes of this subsection -

(A) the term ''assault with intent to commit rape'' means an

offense that has as its elements engaging in physical contact

with another person or using or brandishing a weapon against

another person with intent to commit aggravated sexual abuse or

sexual abuse (as described in sections 2241 and 2242);

(B) the term ''arson'' means an offense that has as its

elements maliciously damaging or destroying any building,

inhabited structure, vehicle, vessel, or real property by means

of fire or an explosive;

(C) the term ''extortion'' means an offense that has as its

elements the extraction of anything of value from another

person by threatening or placing that person in fear of injury

to any person or kidnapping of any person;

(D) the term ''firearms use'' means an offense that has as

its elements those described in section 924(c) or 929(a), if

the firearm was brandished, discharged, or otherwise used as a

weapon and the crime of violence or drug trafficking crime

during and relation to which the firearm was used was subject

to prosecution in a court of the United States or a court of a

State, or both;

(E) the term ''kidnapping'' means an offense that has as its

elements the abduction, restraining, confining, or carrying

away of another person by force or threat of force;

(F) the term ''serious violent felony'' means -

(i) a Federal or State offense, by whatever designation and

wherever committed, consisting of murder (as described in

section 1111); manslaughter other than involuntary

manslaughter (as described in section 1112); assault with

intent to commit murder (as described in section 113(a));

assault with intent to commit rape; aggravated sexual abuse

and sexual abuse (as described in sections 2241 and 2242);

abusive sexual contact (as described in sections 2244(a)(1)

and (a)(2)); kidnapping; aircraft piracy (as described in

section 46502 of Title 49); robbery (as described in section

2111, 2113, or 2118); carjacking (as described in section

2119); extortion; arson; firearms use; firearms possession

(as described in section 924(c)); or attempt, conspiracy, or

solicitation to commit any of the above offenses; and

(ii) any other offense punishable by a maximum term of

imprisonment of 10 years or more that has as an element the

use, attempted use, or threatened use of physical force

against the person of another or that, by its nature,

involves a substantial risk that physical force against the

person of another may be used in the course of committing the

offense;

(G) the term ''State'' means a State of the United States,

the District of Columbia, and a commonwealth, territory, or

possession of the United States; and

(H) the term ''serious drug offense'' means -

(i) an offense that is punishable under section

401(b)(1)(A) or 408 of the Controlled Substances Act (21

U.S.C. 841(b)(1)(A), 848) or section 1010(b)(1)(A) of the

Controlled Substances Import and Export Act (21 U.S.C.

960(b)(1)(A)); or

(ii) an offense under State law that, had the offense been

prosecuted in a court of the United States, would have been

punishable under section 401(b)(1)(A) or 408 of the

Controlled Substances Act (21 U.S.C. 841(b)(1)(A), 848) or

section 1010(b)(1)(A) of the Controlled Substances Import and

Export Act (21 U.S.C. 960(b)(1)(A)).

(3) Nonqualifying felonies. -

(A) Robbery in certain cases. - Robbery, an attempt,

conspiracy, or solicitation to commit robbery; or an offense

described in paragraph (2)(F)(ii) shall not serve as a basis

for sentencing under this subsection if the defendant

establishes by clear and convincing evidence that -

(i) no firearm or other dangerous weapon was used in the

offense and no threat of use of a firearm or other dangerous

weapon was involved in the offense; and

(ii) the offense did not result in death or serious bodily

injury (as defined in section 1365) to any person.

(B) Arson in certain cases. - Arson shall not serve as a

basis for sentencing under this subsection if the defendant

establishes by clear and convincing evidence that -

(i) the offense posed no threat to human life; and

(ii) the defendant reasonably believed the offense posed no

threat to human life.

(4) Information filed by united states attorney. - The

provisions of section 411(a) of the Controlled Substances Act (21

U.S.C. 851(a)) shall apply to the imposition of sentence under

this subsection.

(5) Rule of construction. - This subsection shall not be

construed to preclude imposition of the death penalty.

(6) Special provision for indian country. - No person subject

to the criminal jurisdiction of an Indian tribal government shall

be subject to this subsection for any offense for which Federal

jurisdiction is solely predicated on Indian country (as defined

in section 1151) and which occurs within the boundaries of such

Indian country unless the governing body of the tribe has elected

that this subsection have effect over land and persons subject to

the criminal jurisdiction of the tribe.

(7) Resentencing upon overturning of prior conviction. - If the

conviction for a serious violent felony or serious drug offense

that was a basis for sentencing under this subsection is found,

pursuant to any appropriate State or Federal procedure, to be

unconstitutional or is vitiated on the explicit basis of

innocence, or if the convicted person is pardoned on the explicit

basis of innocence, the person serving a sentence imposed under

this subsection shall be resentenced to any sentence that was

available at the time of the original sentencing.

(d) Death or Imprisonment for Crimes Against Children. -

(1) In general. - Subject to paragraph (2) and notwithstanding

any other provision of law, a person who is convicted of a

Federal offense that is a serious violent felony (as defined in

subsection (c)) or a violation of section 2422, 2423, or 2251

shall, unless the sentence of death is imposed, be sentenced to

imprisonment for life, if -

(A) the victim of the offense has not attained the age of 14

years;

(B) the victim dies as a result of the offense; and

(C) the defendant, in the course of the offense, engages in

conduct described in section 3591(a)(2).

(2) Exception. - With respect to a person convicted of a

Federal offense described in paragraph (1), the court may impose

any lesser sentence that is authorized by law to take into

account any substantial assistance provided by the defendant in

the investigation or prosecution of another person who has

committed an offense, in accordance with the Federal Sentencing

Guidelines and the policy statements of the Federal Sentencing

Commission pursuant to section 994(p) of title 28, or for other

good cause.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 1991; amended Pub. L. 100-185, Sec. 5, Dec. 11, 1987, 101

Stat. 1279; Pub. L. 100-690, title VII, Sec. 7041, Nov. 18, 1988,

102 Stat. 4399; Pub. L. 103-322, title VII, Sec. 70001, Sept. 13,

1994, 108 Stat. 1982; Pub. L. 105-314, title V, Sec. 501, Oct. 30,

1998, 112 Stat. 2980; Pub. L. 105-386, Sec. 1(b), Nov. 13, 1998,

112 Stat. 3470.)

-MISC1-

AMENDMENTS

1998 - Subsec. (c)(2)(F)(i). Pub. L. 105-386 inserted ''firearms

possession (as described in section 924(c));'' after ''firearms

use;''.

Subsec. (d). Pub. L. 105-314 added subsec. (d).

1994 - Subsec. (b). Pub. L. 103-322, Sec. 70001(1), substituted

''Except as provided in subsection (c), an'' for ''An''.

Subsec. (c). Pub. L. 103-322, Sec. 70001(2), added subsec. (c).

1988 - Subsec. (a). Pub. L. 100-690, Sec. 7041(a)(1), substituted

''classified if the maximum term of imprisonment authorized is - ''

for ''classified -

''(1) if the maximum term of imprisonment authorized is - ''.

Subsec. (a)(1) to (9). Pub. L. 100-690, Sec. 7041(a)(2), (b),

redesignated subpars. (A) to (I) as pars. (1) to (9), respectively,

and substituted ''twenty-five'' for ''twenty'' in pars. (2) and

(3).

1987 - Subsec. (b). Pub. L. 100-185 substituted '', except that

the maximum term of imprisonment is the term authorized by the law

describing the offense.'' for ''except that:

''(1) the maximum fine that may be imposed is the fine

authorized by the statute describing the offense, or by this

chapter, whichever is the greater; and

''(2) the maximum term of imprisonment is the term authorized

by the statute describing the offense.''

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3154, 3582 of this title;

title 10 section 1132; title 42 section 14135a; title 49 section

46502.

-CITE-

18 USC SUBCHAPTER B - PROBATION 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER B - PROBATION

.

-HEAD-

SUBCHAPTER B - PROBATION

-MISC1-

SUBCHAPTER B - PROBATION (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should not appear.

Sec.

3561. Sentence of probation.

3562. Imposition of a sentence of probation.

3563. Conditions of probation.

3564. Running of a term of probation.

3565. Revocation of probation.

3566. Implementation of a sentence of probation.

AMENDMENTS

1994 - Pub. L. 103-322, title XXXIII, Sec. 330010(3), Sept. 13,

1994, 108 Stat. 2143, transferred analysis for this subchapter to

follow heading for this subchapter.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3551, 3601, 3605 of

this title.

-CITE-

18 USC Sec. 3561 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER B - PROBATION

-HEAD-

Sec. 3561. Sentence of probation

-STATUTE-

(a) In General. - A defendant who has been found guilty of an

offense may be sentenced to a term of probation unless -

(1) the offense is a Class A or Class B felony and the

defendant is an individual;

(2) the offense is an offense for which probation has been

expressly precluded; or

(3) the defendant is sentenced at the same time to a term of

imprisonment for the same or a different offense that is not a

petty offense.

(b) Domestic Violence Offenders. - A defendant who has been

convicted for the first time of a domestic violence crime shall be

sentenced to a term of probation if not sentenced to a term of

imprisonment. The term ''domestic violence crime'' means a crime

of violence for which the defendant may be prosecuted in a court of

the United States in which the victim or intended victim is the

spouse, former spouse, intimate partner, former intimate partner,

child, or former child of the defendant, or any other relative of

the defendant.

(c) Authorized Terms. - The authorized terms of probation are -

(1) for a felony, not less than one nor more than five years;

(2) for a misdemeanor, not more than five years; and

(3) for an infraction, not more than one year.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 1992; amended Pub. L. 99-646, Sec. 10(a), Nov. 10, 1986, 100

Stat. 3593; Pub. L. 100-182, Sec. 7, Dec. 7, 1987, 101 Stat. 1267;

Pub. L. 103-322, title XXVIII, Sec. 280004, title XXXII, Sec.

320921(a), Sept. 13, 1994, 108 Stat. 2096, 2130; Pub. L. 104-294,

title VI, Sec. 604(c)(1), Oct. 11, 1996, 110 Stat. 3509.)

-MISC1-

PRIOR PROVISIONS

For a prior section 3561, applicable to offenses committed prior

to Nov. 1, 1987, see note set out preceding section 3551 of this

title.

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-294 struck out ''or any relative

defendant, child, or former child of the defendant,'' before ''or

any other relative of the defendant''.

1994 - Subsec. (a)(3). Pub. L. 103-322, Sec. 280004, inserted

before period at end ''that is not a petty offense''.

Subsecs. (b), (c). Pub. L. 103-322, Sec. 320921(a), added subsec.

(b) and redesignated former subsec. (b) as (c).

1987 - Subsec. (a)(1). Pub. L. 100-182 inserted ''and the

defendant is an individual'' after ''Class B felony''.

1986 - Subsec. (a). Pub. L. 99-646 struck out at end ''The

liability of a defendant for any unexecuted fine or other

punishment imposed as to which probation is granted shall be fully

discharged by the fulfillment of the terms and conditions of

probation.''

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see

section 604(d) of Pub. L. 104-294, set out as a note under section

13 of this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-182 applicable with respect to offenses

committed after Dec. 7, 1987, see section 26 of Pub. L. 100-182,

set out as a note under section 3006A of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 10(b) of Pub. L. 99-646 provided that: ''The amendment

made by this section (amending this section) shall take effect on

the date of the taking effect of such section 3561(a) (Nov. 1,

1987).''

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3563, 3583, 5037 of this

title.

-CITE-

18 USC Sec. 3562 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER B - PROBATION

-HEAD-

Sec. 3562. Imposition of a sentence of probation

-STATUTE-

(a) Factors To Be Considered in Imposing a Term of Probation. -

The court, in determining whether to impose a term of probation,

and, if a term of probation is to be imposed, in determining the

length of the term and the conditions of probation, shall consider

the factors set forth in section 3553(a) to the extent that they

are applicable.

(b) Effect of Finality of Judgment. - Notwithstanding the fact

that a sentence of probation can subsequently be -

(1) modified or revoked pursuant to the provisions of section

3564 or 3565;

(2) corrected pursuant to the provisions of rule 35 of the

Federal Rules of Criminal Procedure and section 3742; or

(3) appealed and modified, if outside the guideline range,

pursuant to the provisions of section 3742;

a judgment of conviction that includes such a sentence constitutes

a final judgment for all other purposes.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 1992; amended Pub. L. 101-647, title XXXV, Sec. 3583, Nov.

29, 1990, 104 Stat. 4930.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Criminal Procedure, referred to in subsec.

(b)(2), are set out in the Appendix to this title.

-MISC2-

PRIOR PROVISIONS

For a prior section 3562, applicable to offenses committed prior

to Nov. 1, 1987, see note set out preceding section 3551 of this

title.

AMENDMENTS

1990 - Subsec. (b)(2). Pub. L. 101-647 inserted ''of the Federal

Rules of Criminal Procedure'' after ''rule 35''.

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-CITE-

18 USC Sec. 3563 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER B - PROBATION

-HEAD-

Sec. 3563. Conditions of probation

-STATUTE-

(a) Mandatory Conditions. - The court shall provide, as an

explicit condition of a sentence of probation -

(1) for a felony, a misdemeanor, or an infraction, that the

defendant not commit another Federal, State, or local crime

during the term of probation;

(2) for a felony, that the defendant also abide by at least one

condition set forth in subsection (b)(2), (b)(3), or (b)(13),

unless the court finds on the record that extraordinary

circumstances exist that would make such a condition plainly

unreasonable, in which event the court shall impose one or more

of the other conditions set forth under subsection (b);

(3) for a felony, a misdemeanor, or an infraction, that the

defendant not unlawfully possess a controlled substance;

(4) for a domestic violence crime as defined in section 3561(b)

by a defendant convicted of such an offense for the first time

that the defendant attend a public, private, or private nonprofit

offender rehabilitation program that has been approved by the

court, in consultation with a State Coalition Against Domestic

Violence or other appropriate experts, if an approved program is

readily available within a 50-mile radius of the legal residence

of the defendant;

(5) for a felony, a misdemeanor, or an infraction, that the

defendant refrain from any unlawful use of a controlled substance

and submit to one drug test within 15 days of release on

probation and at least 2 periodic drug tests thereafter (as

determined by the court) for use of a controlled substance, but

the condition stated in this paragraph may be ameliorated or

suspended by the court for any individual defendant if the

defendant's presentence report or other reliable sentencing

information indicates a low risk of future substance abuse by the

defendant;

(6) that the defendant -

(A) make restitution in accordance with sections 2248, 2259,

2264, 2327, 3663, 3663A, and 3664; and

(B) pay the assessment imposed in accordance with section

3013;

(7) that the defendant will notify the court of any material

change in the defendant's economic circumstances that might

affect the defendant's ability to pay restitution, fines, or

special assessments;

(8) for a person described in section 4042(c)(4), that the

person report the address where the person will reside and any

subsequent change of residence to the probation officer

responsible for supervision, and that the person register in any

State where the person resides, is employed, carries on a

vocation, or is a student (as such terms are defined under

section 170101(a)(3) of the Violent Crime Control and Law

Enforcement Act of 1994); and

(9) that the defendant cooperate in the collection of a DNA

sample from the defendant if the collection of such a sample is

authorized pursuant to section 3 of the DNA Analysis Backlog

Elimination Act of 2000.

If the court has imposed and ordered execution of a fine and placed

the defendant on probation, payment of the fine or adherence to the

court-established installment schedule shall be a condition of the

probation.

(b) Discretionary Conditions. - The court may provide, as further

conditions of a sentence of probation, to the extent that such

conditions are reasonably related to the factors set forth in

section 3553(a)(1) and (a)(2) and to the extent that such

conditions involve only such deprivations of liberty or property as

are reasonably necessary for the purposes indicated in section

3553(a)(2), that the defendant -

(1) support his dependents and meet other family

responsibilities;

(2) make restitution to a victim of the offense under section

3556 (but not subject to the limitation of section 3663(a) or

3663A(c)(1)(A));

(3) give to the victims of the offense the notice ordered

pursuant to the provisions of section 3555;

(4) work conscientiously at suitable employment or pursue

conscientiously a course of study or vocational training that

will equip him for suitable employment;

(5) refrain, in the case of an individual, from engaging in a

specified occupation, business, or profession bearing a

reasonably direct relationship to the conduct constituting the

offense, or engage in such a specified occupation, business, or

profession only to a stated degree or under stated circumstances;

(6) refrain from frequenting specified kinds of places or from

associating unnecessarily with specified persons;

(7) refrain from excessive use of alcohol, or any use of a

narcotic drug or other controlled substance, as defined in

section 102 of the Controlled Substances Act (21 U.S.C. 802),

without a prescription by a licensed medical practitioner;

(8) refrain from possessing a firearm, destructive device, or

other dangerous weapon;

(9) undergo available medical, psychiatric, or psychological

treatment, including treatment for drug or alcohol dependency, as

specified by the court, and remain in a specified institution if

required for that purpose;

(10) remain in the custody of the Bureau of Prisons during

nights, weekends, or other intervals of time, totaling no more

than the lesser of one year or the term of imprisonment

authorized for the offense, during the first year of the term of

probation;

(11) reside at, or participate in the program of, a community

corrections facility (including a facility maintained or under

contract to the Bureau of Prisons) for all or part of the term of

probation;

(12) work in community service as directed by the court;

(13) reside in a specified place or area, or refrain from

residing in a specified place or area;

(14) remain within the jurisdiction of the court, unless

granted permission to leave by the court or a probation officer;

(15) report to a probation officer as directed by the court or

the probation officer;

(16) permit a probation officer to visit him at his home or

elsewhere as specified by the court;

(17) answer inquiries by a probation officer and notify the

probation officer promptly of any change in address or

employment;

(18) notify the probation officer promptly if arrested or

questioned by a law enforcement officer;

(19) remain at his place of residence during nonworking hours

and, if the court finds it appropriate, that compliance with this

condition be monitored by telephonic or electronic signaling

devices, except that a condition under this paragraph may be

imposed only as an alternative to incarceration;

(20) comply with the terms of any court order or order of an

administrative process pursuant to the law of a State, the

District of Columbia, or any other possession or territory of the

United States, requiring payments by the defendant for the

support and maintenance of a child or of a child and the parent

with whom the child is living;

(21) be ordered deported by a United States district court, or

United States magistrate judge, pursuant to a stipulation entered

into by the defendant and the United States under section

238(d)(5) of the Immigration and Nationality Act, except that, in

the absence of a stipulation, the United States district court or

a United States magistrate judge, may order deportation as a

condition of probation, if, after notice and hearing pursuant to

such section, the Attorney General demonstrates by clear and

convincing evidence that the alien is deportable; or

(22) satisfy such other conditions as the court may impose.

(c) Modifications of Conditions. - The court may modify, reduce,

or enlarge the conditions of a sentence of probation at any time

prior to the expiration or termination of the term of probation,

pursuant to the provisions of the Federal Rules of Criminal

Procedure relating to the modification of probation and the

provisions applicable to the initial setting of the conditions of

probation.

(d) Written Statement of Conditions. - The court shall direct

that the probation officer provide the defendant with a written

statement that sets forth all the conditions to which the sentence

is subject, and that is sufficiently clear and specific to serve as

a guide for the defendant's conduct and for such supervision as is

required.

(e) Results of Drug Testing. - The results of a drug test

administered in accordance with subsection (a)(5) shall be subject

to confirmation only if the results are positive, the defendant is

subject to possible imprisonment for such failure, and either the

defendant denies the accuracy of such test or there is some other

reason to question the results of the test. A defendant who tests

positive may be detained pending verification of a positive drug

test result. A drug test confirmation shall be a urine drug test

confirmed using gas chromatography/mass spectrometry techniques or

such test as the Director of the Administrative Office of the

United States Courts after consultation with the Secretary of

Health and Human Services may determine to be of equivalent

accuracy. The court shall consider whether the availability of

appropriate substance abuse treatment programs, or an individual's

current or past participation in such programs, warrants an

exception in accordance with United States Sentencing Commission

guidelines from the rule of section 3565(b), when considering any

action against a defendant who fails a drug test administered in

accordance with subsection (a)(5).

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 1993; amended Pub. L. 99-646, Sec. 11(a), 12(a), Nov. 10,

1986, 100 Stat. 3594; Pub. L. 100-182, Sec. 10, 18, Dec. 7, 1987,

101 Stat. 1267, 1270; Pub. L. 100-690, title VII, Sec. 7086, 7110,

7303(a)(1), 7305(a), Nov. 18, 1988, 102 Stat. 4408, 4419, 4464,

4465; Pub. L. 101-647, title XXXV, Sec. 3584, Nov. 29, 1990, 104

Stat. 4930; Pub. L. 102-521, Sec. 3, Oct. 25, 1992, 106 Stat. 3404;

Pub. L. 103-322, title II, Sec. 20414(b), title XXVIII, Sec.

280002, title XXXII, Sec. 320921(b), Sept. 13, 1994, 108 Stat.

1830, 2096, 2130; Pub. L. 104-132, title II, Sec. 203, Apr. 24,

1996, 110 Stat. 1227; Pub. L. 104-208, div. C, title III, Sec.

308(g)(10)(E), 374(b), Sept. 30, 1996, 110 Stat. 3009-625,

3009-647; Pub. L. 104-294, title VI, Sec. 601(k), Oct. 11, 1996,

110 Stat. 3501; Pub. L. 105-119, title I, Sec.

115(a)(8)(B)(i)-(iii), Nov. 26, 1997, 111 Stat. 2465; Pub. L.

106-546, Sec. 7(a), Dec. 19, 2000, 114 Stat. 2734; Pub. L. 107-273,

div. B, title IV, Sec. 4002(c)(1), (e)(12), Nov. 2, 2002, 116

Stat. 1808, 1811.)

-REFTEXT-

REFERENCES IN TEXT

Section 170101(a)(3) of the Violent Crime Control and Law

Enforcement Act of 1994, referred to in subsec. (a)(8), is

classified to section 14071(a)(3) of Title 42, The Public Health

and Welfare.

Section 3 of the DNA Analysis Backlog Elimination Act of 2000,

referred to in subsec. (a)(9), is classified to section 14135a of

Title 42, The Public Health and Welfare.

Section 238(d)(5) of the Immigration and Nationality Act,

referred to in subsec. (b)(21), is classified to section 1228(d)(5)

of Title 8, Aliens and Nationality.

The Federal Rules of Criminal Procedure, referred to in subsec.

(c), are set out in the Appendix to this title.

-MISC2-

PRIOR PROVISIONS

For a prior section 3563, applicable to offenses committed prior

to Nov. 1, 1987, see note set out preceding section 3551 of this

title.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-273, Sec. 4002(e)(12)(A), made

technical correction to directory language of Pub. L. 105-119, Sec.

115(a)(8)(B)(i). See 1997 Amendment note below.

Subsec. (a)(3) to (5). Pub. L. 107-273, Sec. 4002(c)(1), repealed

Pub. L. 104-294, Sec. 601(k)(1), (2). See 1996 Amendment notes

below.

Subsec. (e). Pub. L. 107-273, Sec. 4002(e)(12)(B), made technical

correction to directory language of Pub. L. 107-273, Sec.

115(a)(8)(B)(ii). See 1997 Amendment note below.

2000 - Subsec. (a)(9). Pub. L. 106-546 added par. (9).

1997 - Subsec. (a). Pub. L. 105-119, Sec. 115(a)(8)(B)(i), as

amended by Pub. L. 107-273, Sec. 4002(e)(12)(A), struck out at end

''The results of a drug test administered in accordance with

paragraph (4) shall be subject to confirmation only if the results

are positive, the defendant is subject to possible imprisonment for

such failure, and either the defendant denies the accuracy of such

test or there is some other reason to question the results of the

test. A defendant who tests positive may be detained pending

verification of a positive drug test result. A drug test

confirmation shall be a urine drug test confirmed using gas

chromatography/mass spectrometry techniques or such test as the

Director of the Administrative Office of the United States Courts

after consultation with the Secretary of Health and Human Services

may determine to be of equivalent accuracy. The court shall

consider whether the availability of appropriate substance abuse

treatment programs, or an individual's current or past

participation in such programs, warrants an exception in accordance

with United States Sentencing Commission guidelines from the rule

of section 3565(b), when considering any action against a defendant

who fails a drug test administered in accordance with paragraph

(4).'' and inserted these provisions at the end of this section.

Subsec. (a)(6), (7). Pub. L. 105-119, Sec. 115(a)(8)(B)(iii)(I),

made technical amendment to place pars. (6) and (7) in numerical

order immediately after par. (5).

Subsec. (a)(8). Pub. L. 105-119, Sec. 115(a)(8)(B)(iii)(II)-

(IV), added par. (8).

Subsec. (e). Pub. L. 105-119, Sec. 115(a)(8)(B)(ii), as amended

by Pub. L. 107-273, Sec. 4002(e)(12)(B), designated provisions

which were struck out from the concluding provisions of subsec. (a)

and inserted at the end of this section by Pub. L. 105-119, Sec.

115(a)(8)(B)(i), as amended, as subsec. (e), inserted subsec.

heading, and substituted ''subsection (a)(5)'' for ''paragraph

(4)'' in two places.

1996 - Subsec. (a)(3). Pub. L. 104-294, Sec. 601(k)(2)(A), which

could not be executed due to prior amendment by Pub. L. 104-132,

Sec. 203(1)(A), was repealed by Pub. L. 107-273, Sec. 4002(c)(1).

See below.

Pub. L. 104-132, Sec. 203(1)(A), struck out ''and'' at end of

par. (3).

Subsec. (a)(4), (5). Pub. L. 104-294, Sec. 601(k)(3), transferred

pars. (4) and (5) to appear in numerical order.

Pub. L. 104-294, Sec. 601(k)(1), (2)(B), which could not be

executed due to prior amendment by Pub. L. 104-132, Sec.

203(1)(B)-(D), was repealed by Pub. L. 107-273, Sec. 4002(c)(1).

See below.

Pub. L. 104-132, Sec. 203(1)(B)-(D), redesignated second par.

(4), relating to conditions of probation concerning drug use and

testing, as (5), and substituted semicolon for period at end of

pars. (4) and (5).

Subsec. (a)(6), (7). Pub. L. 104-132, Sec. 203(1)(E), added pars.

(6) and (7).

Subsec. (b)(2). Pub. L. 104-132, Sec. 203(2)(C), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''make

restitution to a victim of the offense under sections 3663 and 3664

(but not subject to the limitations of section 3663(a));''.

Pub. L. 104-132, Sec. 203(2)(A), (B), redesignated par. (3) as

(2) and struck out former par. (2) which read as follows: ''pay a

fine imposed pursuant to the provisions of subchapter C;''.

Subsec. (b)(3) to (20). Pub. L. 104-132, Sec. 203(2)(B),

redesignated pars. (4) to (21) as (3) to (20), respectively.

Former par. (3) redesignated (2).

Subsec. (b)(21). Pub. L. 104-208, Sec. 374(b), added par. (21).

Former par. (21) redesignated (22).

Pub. L. 104-208, Sec. 308(g)(10)(E), substituted ''238(d)(5)''

for ''242A(d)(5)''.

Pub. L. 104-132, Sec. 203(2)(B), redesignated par. (22) as (21).

Former par. (21) redesignated (20).

Subsec. (b)(22). Pub. L. 104-208, Sec. 374(b), redesignated par.

(21) as (22).

Pub. L. 104-132, Sec. 203(b)(2), redesignated par. (22) as (21).

1994 - Subsec. (a). Pub. L. 103-322, Sec. 20414(b)(4), inserted

at end of concluding provisions ''The results of a drug test

administered in accordance with paragraph (4) shall be subject to

confirmation only if the results are positive, the defendant is

subject to possible imprisonment for such failure, and either the

defendant denies the accuracy of such test or there is some other

reason to question the results of the test. A defendant who tests

positive may be detained pending verification of a positive drug

test result. A drug test confirmation shall be a urine drug test

confirmed using gas chromatography/mass spectrometry techniques or

such test as the Director of the Administrative Office of the

United States Courts after consultation with the Secretary of

Health and Human Services may determine to be of equivalent

accuracy. The court shall consider whether the availability of

appropriate substance abuse treatment programs, or an individual's

current or past participation in such programs, warrants an

exception in accordance with United States Sentencing Commission

guidelines from the rule of section 3565(b), when considering any

action against a defendant who fails a drug test administered in

accordance with paragraph (4).''

Subsec. (a)(2). Pub. L. 103-322, Sec. 20414(b)(1), 320921(b)(1),

amended par. (2) identically, striking out ''and'' at end.

Subsec. (a)(3). Pub. L. 103-322, Sec. 280002, substituted

''unlawfully possess a controlled substance'' for ''possess illegal

controlled substances''.

Pub. L. 103-322, Sec. 20414(b)(2), 320921(b)(2), amended par. (3)

identically, substituting ''; and'' for period at end.

Subsec. (a)(4). Pub. L. 103-322, Sec. 320921(b)(3), added par.

(4) relating to attendance at a rehabilitation program in the case

of conviction of a domestic violence crime.

Pub. L. 103-322, Sec. 20414(b)(3), added at end of subsec. (a)

par. (4) relating to conditions of probation concerning drug use

and testing.

1992 - Subsec. (b)(21), (22). Pub. L. 102-521 added par. (21) and

redesignated former par. (21) as (22).

1990 - Subsec. (a). Pub. L. 101-647, Sec. 3584(1), substituted

''defendant'' for ''defendent'' in last sentence.

Subsec. (b)(3). Pub. L. 101-647, Sec. 3584(2), substituted

''under sections 3663 and 3664'' for ''pursuant to the provisions

of section 3663 and 3664'' and ''section 3663(a)'' for ''3663(a)''.

1988 - Subsec. (a)(2). Pub. L. 100-690, Sec. 7086, inserted '',

unless the court finds on the record that extraordinary

circumstances exist that would make such a condition plainly

unreasonable, in which event the court shall impose one or more of

the other conditions set forth under subsection (b)''.

Subsec. (a)(3). Pub. L. 100-690, Sec. 7303(a)(1), added par. (3).

Subsec. (b)(3). Pub. L. 100-690, Sec. 7110, substituted ''3663

and 3664 (but not subject to the limitations of 3663(a))'' for

''3556''.

Subsec. (b)(20), (21). Pub. L. 100-690, Sec. 7305(a), added par.

(20) and redesignated former par. (20) as (21).

1987 - Subsec. (b)(12). Pub. L. 100-182, Sec. 18, inserted

''(including a facility maintained or under contract to the Bureau

of Prisons)'' after ''facility''.

Subsec. (c). Pub. L. 100-182, Sec. 10, struck out comma after

''The court may'' and substituted ''the modification of probation

and'' for ''revocation or modification of probation''.

1986 - Subsec. (b)(11). Pub. L. 99-646, Sec. 11(a), struck out

''in section 3581(b)'' after ''the offense''.

Subsec. (c). Pub. L. 99-646, Sec. 12(a), struck out '', after a

hearing'' after ''court may'' and inserted ''the provisions of the

Federal Rules of Criminal Procedure relating to revocation or

modification of probation'' after ''pursuant to''.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-273, div. B, title IV, Sec. 4002(c)(1), Nov. 2,

2002, 116 Stat. 1808, provided that the amendment made by section

4002(c)(1) is effective Oct. 11, 1996.

Pub. L. 107-273, div. B, title IV, Sec. 4002(e)(12), Nov. 2,

2002, 116 Stat. 1811, provided that the amendment made by section

4002(e)(12) is effective Nov. 26, 1997.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-119 effective 1 year after Nov. 26,

1997, see section 115(c)(1) of Pub. L. 105-119, set out as a note

under section 14071 of Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF 1996 AMENDMENTS

Amendment by section 308(g)(10)(E) of Pub. L. 104-208 effective,

with certain transitional provisions, on the first day of the first

month beginning more than 180 days after Sept. 30, 1996, see

section 309 of Pub. L. 104-208, set out as a note under section

1101 of Title 8, Aliens and Nationality.

Amendment by Pub. L. 104-132 to be effective, to extent

constitutionally permissible, for sentencing proceedings in cases

in which defendant is convicted on or after Apr. 24, 1996, see

section 211 of Pub. L. 104-132, set out as a note under section

2248 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 7303(d) of Pub. L. 100-690 provided that: ''The

amendments made by this section (amending this section and sections

3565, 3583, 4209, and 4214 of this title) shall apply with respect

to persons whose probation, supervised release, or parole begins

after December 31, 1988.''

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-182 applicable with respect to offenses

committed after Dec. 7, 1987, see section 26 of Pub. L. 100-182,

set out as a note under section 3006A of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 11(b) of Pub. L. 99-646 provided that: ''The amendment

made by this section (amending this section) shall take effect on

the date of the taking effect of such section 3563(b)(11) (Nov. 1,

1987).''

Section 12(c)(1) of Pub. L. 99-646 provided that: ''The

amendments made by subsection (a) (amending this section) shall

take effect on the date of the taking effect of such section

3563(c) (Nov. 1, 1987).''

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3565, 3583, 3608, 3742,

5037 of this title; title 28 section 994.

-CITE-

18 USC Sec. 3564 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER B - PROBATION

-HEAD-

Sec. 3564. Running of a term of probation

-STATUTE-

(a) Commencement. - A term of probation commences on the day that

the sentence of probation is imposed, unless otherwise ordered by

the court.

(b) Concurrence With Other Sentences. - Multiple terms of

probation, whether imposed at the same time or at different times,

run concurrently with each other. A term of probation runs

concurrently with any Federal, State, or local term of probation,

supervised release, or parole for another offense to which the

defendant is subject or becomes subject during the term of

probation. A term of probation does not run while the defendant is

imprisoned in connection with a conviction for a Federal, State, or

local crime unless the imprisonment is for a period of less than

thirty consecutive days.

(c) Early Termination. - The court, after considering the factors

set forth in section 3553(a) to the extent that they are

applicable, may, pursuant to the provisions of the Federal Rules of

Criminal Procedure relating to the modification of probation,

terminate a term of probation previously ordered and discharge the

defendant at any time in the case of a misdemeanor or an infraction

or at any time after the expiration of one year of probation in the

case of a felony, if it is satisfied that such action is warranted

by the conduct of the defendant and the interest of justice.

(d) Extension. - The court may, after a hearing, extend a term of

probation, if less than the maximum authorized term was previously

imposed, at any time prior to the expiration or termination of the

term of probation, pursuant to the provisions applicable to the

initial setting of the term of probation.

(e) Subject to Revocation. - A sentence of probation remains

conditional and subject to revocation until its expiration or

termination.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 1994; amended Pub. L. 99-646, Sec. 13(a), Nov. 10, 1986, 100

Stat. 3594; Pub. L. 100-182, Sec. 11, Dec. 7, 1987, 101 Stat.

1268.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Criminal Procedure, referred to in subsec.

(c), are set out in the Appendix to this title.

-MISC2-

PRIOR PROVISIONS

For a prior section 3564, applicable to offenses committed prior

to Nov. 1, 1987, see note set out preceding section 3551 of this

title.

AMENDMENTS

1987 - Subsec. (c). Pub. L. 100-182 inserted '', pursuant to the

provisions of the Federal Rules of Criminal Procedure relating to

the modification of probation,'' after ''may''.

1986 - Subsec. (b). Pub. L. 99-646 substituted provision that the

term of probation does not run while the defendant is imprisoned in

connection with a conviction for a Federal, State, or local crime

unless the imprisonment is for a period of less than thirty

consecutive days, for provision that the term of probation does not

run during any period in which the defendant is imprisoned for a

period of at least thirty consecutive days in connection with a

conviction for a Federal, State, or local crime.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-182 applicable with respect to offenses

committed after Dec. 7, 1987, see section 26 of Pub. L. 100-182,

set out as a note under section 3006A of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 13(b) of Pub. L. 99-646 provided that: ''The amendments

made by this section (amending this section) shall take effect on

the date of the taking effect of such section 3564 (Nov. 1,

1987).''

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3562, 5037 of this title;

title 28 section 994.

-CITE-

18 USC Sec. 3565 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER B - PROBATION

-HEAD-

Sec. 3565. Revocation of probation

-STATUTE-

(a) Continuation or Revocation. - If the defendant violates a

condition of probation at any time prior to the expiration or

termination of the term of probation, the court may, after a

hearing pursuant to Rule 32.1 of the Federal Rules of Criminal

Procedure, and after considering the factors set forth in section

3553(a) to the extent that they are applicable -

(1) continue him on probation, with or without extending the

term or modifying or enlarging the conditions; or

(2) revoke the sentence of probation and resentence the

defendant under subchapter A.

(b) Mandatory Revocation for Possession of Controlled Substance

or Firearm or Refusal To Comply With Drug Testing. - If the

defendant -

(1) possesses a controlled substance in violation of the

condition set forth in section 3563(a)(3);

(2) possesses a firearm, as such term is defined in section 921

of this title, in violation of Federal law, or otherwise violates

a condition of probation prohibiting the defendant from

possessing a firearm;

(3) refuses to comply with drug testing, thereby violating the

condition imposed by section 3563(a)(4); (FOOTNOTE 1) or

(FOOTNOTE 1) See References in Text note below.

(4) as a part of drug testing, tests positive for illegal

controlled substances more than 3 times over the course of 1

year;

the court shall revoke the sentence of probation and resentence the

defendant under subchapter A to a sentence that includes a term of

imprisonment.

(c) Delayed Revocation. - The power of the court to revoke a

sentence of probation for violation of a condition of probation,

and to impose another sentence, extends beyond the expiration of

the term of probation for any period reasonably necessary for the

adjudication of matters arising before its expiration if, prior to

its expiration, a warrant or summons has been issued on the basis

of an allegation of such a violation.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 1995; amended Pub. L. 100-690, title VI, Sec. 6214, title

VII, Sec. 7303(a)(2), Nov. 18, 1988, 102 Stat. 4361, 4464; Pub. L.

101-647, title XXXV, Sec. 3585, Nov. 29, 1990, 104 Stat. 4930; Pub.

L. 103-322, title XI, Sec. 110506, Sept. 13, 1994, 108 Stat. 2017;

Pub. L. 107-273, div. B, title II, Sec. 2103(a), Nov. 2, 2002, 116

Stat. 1793.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Criminal Procedure, referred to in subsec.

(a), are set out in the Appendix to this title.

Section 3563(a)(4), referred to in subsec. (b)(3), probably means

the par. (4) of section 3563(a) added by section 20414(b)(3) of

Pub. L. 103-322, which was renumbered par. (5) by Pub. L. 104-132,

title II, Sec. 203(1)(C), Apr. 24, 1996, 110 Stat. 1227.

-MISC2-

PRIOR PROVISIONS

For a prior section 3565, applicable to offenses committed prior

to Nov. 1, 1987, see note set out preceding section 3551 of this

title.

AMENDMENTS

2002 - Subsec. (b)(4). Pub. L. 107-273 added par. (4).

1994 - Subsec. (a). Pub. L. 103-322, Sec. 110506(a)(2), struck

out concluding sentence which read as follows: ''Notwithstanding

any other provision of this section, if a defendant is found by the

court to be in possession of a controlled substance, thereby

violating the condition imposed by section 3563(a)(3), the court

shall revoke the sentence of probation and sentence the defendant

to not less than one-third of the original sentence.''

Subsec. (a)(2). Pub. L. 103-322, Sec. 110506(a)(1), substituted

''resentence the defendant under subchapter A'' for ''impose any

other sentence that was available under subchapter A at the time of

the initial sentencing''.

Subsec. (b). Pub. L. 103-322, Sec. 110506(b), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows:

''(b) Mandatory Revocation for Possession of a Firearm. - If the

defendant is in actual possession of a firearm, as that term is

defined in section 921 of this title, at any time prior to the

expiration or termination of the term of probation, the court

shall, after a hearing pursuant to Rule 32.1 of the Federal Rules

of Criminal Procedure, revoke the sentence of probation and impose

any other sentence that was available under subchapter A at the

time of the initial sentencing.''

1990 - Subsec. (a)(1). Pub. L. 101-647 substituted ''or

modifying'' for ''of modifying''.

1988 - Subsec. (a). Pub. L. 100-690, Sec. 7303(a)(2), inserted at

end ''Notwithstanding any other provision of this section, if a

defendant is found by the court to be in possession of a controlled

substance, thereby violating the condition imposed by section

3563(a)(3), the court shall revoke the sentence of probation and

sentence the defendant to not less than one-third of the original

sentence.''

Subsecs. (b), (c). Pub. L. 100-690, Sec. 6214, added subsec. (b)

and redesignated former subsec. (b) as (c).

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 7303(a)(2) of Pub. L. 100-690 applicable

with respect to persons whose probation, supervised release, or

parole begins after Dec. 31, 1988, see section 7303(d) of Pub. L.

100-690, set out as a note under section 3563 of this title.

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3562, 3563, 3607, 3613A,

3664, 4104, 5037 of this title; title 28 section 994.

-CITE-

18 USC Sec. 3566 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER B - PROBATION

-HEAD-

Sec. 3566. Implementation of a sentence of probation

-STATUTE-

The implementation of a sentence of probation is governed by the

provisions of subchapter A of chapter 229.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 1995.)

-MISC1-

PRIOR PROVISIONS

For prior sections 3566 to 3570, applicable to offenses committed

prior to Nov. 1, 1987, see note set out preceding section 3551 of

this title.

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-CITE-

18 USC SUBCHAPTER C - FINES 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER C - FINES

.

-HEAD-

SUBCHAPTER C - FINES

-MISC1-

SUBCHAPTER C - FINES (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should not appear.

Sec.

3571. Sentence of fine.

3572. Imposition of a sentence of fine and related matters.

3573. Petition of the Government for modification or remission.

3574. Implementation of a sentence of fine.

AMENDMENTS

1994 - Pub. L. 103-322, title XXXIII, Sec. 330010(3), Sept. 13,

1994, 108 Stat. 2143, transferred analysis for this subchapter to

follow heading for this subchapter.

1990 - Pub. L. 101-647, title XXXV, Sec. 3586(1), Nov. 29, 1990,

104 Stat. 4930, as amended, effective as of the date on which

section 3586(1) of Pub. L. 101-647 took effect, by Pub. L. 103-322,

title XXXIII, Sec. 330011(n), Sept. 13, 1994, 108 Stat. 2145,

substituted ''sentence of fine and related matters'' for ''sentence

of fine'' in item 3572.

Pub. L. 101-647, title XXXV, Sec. 3586(2), Nov. 29, 1990, 104

Stat. 4930, substituted ''remission'' for ''revision'' in item

3573.

1987 - Pub. L. 100-185, Sec. 8(b), Dec. 11, 1987, 101 Stat. 1282,

substituted ''Petition of the Government for modification or

revision'' for ''Modification or remission of fine'' in item 3573.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3551, 3613, 3663, 3664

of this title; title 43 section 373b.

-CITE-

18 USC Sec. 3571 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER C - FINES

-HEAD-

Sec. 3571. Sentence of fine

-STATUTE-

(a) In General. - A defendant who has been found guilty of an

offense may be sentenced to pay a fine.

(b) Fines for Individuals. - Except as provided in subsection (e)

of this section, an individual who has been found guilty of an

offense may be fined not more than the greatest of -

(1) the amount specified in the law setting forth the offense;

(2) the applicable amount under subsection (d) of this section;

(3) for a felony, not more than $250,000;

(4) for a misdemeanor resulting in death, not more than

$250,000;

(5) for a Class A misdemeanor that does not result in death,

not more than $100,000;

(6) for a Class B or C misdemeanor that does not result in

death, not more than $5,000; or

(7) for an infraction, not more than $5,000.

(c) Fines for Organizations. - Except as provided in subsection

(e) of this section, an organization that has been found guilty of

an offense may be fined not more than the greatest of -

(1) the amount specified in the law setting forth the offense;

(2) the applicable amount under subsection (d) of this section;

(3) for a felony, not more than $500,000;

(4) for a misdemeanor resulting in death, not more than

$500,000;

(5) for a Class A misdemeanor that does not result in death,

not more than $200,000;

(6) for a Class B or C misdemeanor that does not result in

death, not more than $10,000; and

(7) for an infraction, not more than $10,000.

(d) Alternative Fine Based on Gain or Loss. - If any person

derives pecuniary gain from the offense, or if the offense results

in pecuniary loss to a person other than the defendant, the

defendant may be fined not more than the greater of twice the gross

gain or twice the gross loss, unless imposition of a fine under

this subsection would unduly complicate or prolong the sentencing

process.

(e) Special Rule for Lower Fine Specified in Substantive

Provision. - If a law setting forth an offense specifies no fine or

a fine that is lower than the fine otherwise applicable under this

section and such law, by specific reference, exempts the offense

from the applicability of the fine otherwise applicable under this

section, the defendant may not be fined more than the amount

specified in the law setting forth the offense.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 1995; amended Pub. L. 100-185, Sec. 6, Dec. 11, 1987, 101

Stat. 1280.)

-MISC1-

PRIOR PROVISIONS

For a prior section 3571, applicable to offenses committed prior

to Nov. 1, 1987, see note set out preceding section 3551 of this

title.

AMENDMENTS

1987 - Pub. L. 100-185 amended section generally, revising and

restating as subsecs. (a) to (e) provisions formerly contained in

subsecs. (a) and (b).

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3, 19, 248, 373, 1031 of

this title; title 13 section 305; title 15 section 6823; title 20

sections 9573, 9622; title 28 section 636; title 31 section 5324;

title 42 sections 2273, 7412; title 49 section 11908.

-CITE-

18 USC Sec. 3572 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER C - FINES

-HEAD-

Sec. 3572. Imposition of a sentence of fine and related matters

-STATUTE-

(a) Factors To Be Considered. - In determining whether to impose

a fine, and the amount, time for payment, and method of payment of

a fine, the court shall consider, in addition to the factors set

forth in section 3553(a) -

(1) the defendant's income, earning capacity, and financial

resources;

(2) the burden that the fine will impose upon the defendant,

any person who is financially dependent on the defendant, or any

other person (including a government) that would be responsible

for the welfare of any person financially dependent on the

defendant, relative to the burden that alternative punishments

would impose;

(3) any pecuniary loss inflicted upon others as a result of the

offense;

(4) whether restitution is ordered or made and the amount of

such restitution;

(5) the need to deprive the defendant of illegally obtained

gains from the offense;

(6) the expected costs to the government of any imprisonment,

supervised release, or probation component of the sentence;

(7) whether the defendant can pass on to consumers or other

persons the expense of the fine; and

(8) if the defendant is an organization, the size of the

organization and any measure taken by the organization to

discipline any officer, director, employee, or agent of the

organization responsible for the offense and to prevent a

recurrence of such an offense.

(b) Fine Not to Impair Ability to Make Restitution. - If, as a

result of a conviction, the defendant has the obligation to make

restitution to a victim of the offense, other than the United

States, the court shall impose a fine or other monetary penalty

only to the extent that such fine or penalty will not impair the

ability of the defendant to make restitution.

(c) Effect of Finality of Judgment. - Notwithstanding the fact

that a sentence to pay a fine can subsequently be -

(1) modified or remitted under section 3573;

(2) corrected under rule 35 of the Federal Rules of Criminal

Procedure and section 3742; or

(3) appealed and modified under section 3742;

a judgment that includes such a sentence is a final judgment for

all other purposes.

(d) Time, Method of Payment, and Related Items. - (1) A person

sentenced to pay a fine or other monetary penalty, including

restitution, shall make such payment immediately, unless, in the

interest of justice, the court provides for payment on a date

certain or in installments. If the court provides for payment in

installments, the installments shall be in equal monthly payments

over the period provided by the court, unless the court establishes

another schedule.

(2) If the judgment, or, in the case of a restitution order, the

order, permits other than immediate payment, the length of time

over which scheduled payments will be made shall be set by the

court, but shall be the shortest time in which full payment can

reasonably be made.

(3) A judgment for a fine which permits payments in installments

shall include a requirement that the defendant will notify the

court of any material change in the defendant's economic

circumstances that might affect the defendant's ability to pay the

fine. Upon receipt of such notice the court may, on its own motion

or the motion of any party, adjust the payment schedule, or require

immediate payment in full, as the interests of justice require.

(e) Alternative Sentence Precluded. - At the time a defendant is

sentenced to pay a fine, the court may not impose an alternative

sentence to be carried out if the fine is not paid.

(f) Responsibility for Payment of Monetary Obligation Relating to

Organization. - If a sentence includes a fine, special assessment,

restitution or other monetary obligation (including interest) with

respect to an organization, each individual authorized to make

disbursements for the organization has a duty to pay the obligation

from assets of the organization. If such an obligation is imposed

on a director, officer, shareholder, employee, or agent of an

organization, payments may not be made, directly or indirectly,

from assets of the organization, unless the court finds that such

payment is expressly permissible under applicable State law.

(g) Security for Stayed Fine. - If a sentence imposing a fine is

stayed, the court shall, absent exceptional circumstances (as

determined by the court) -

(1) require the defendant to deposit, in the registry of the

district court, any amount of the fine that is due;

(2) require the defendant to provide a bond or other security

to ensure payment of the fine; or

(3) restrain the defendant from transferring or dissipating

assets.

(h) Delinquency. - A fine or payment of restitution is delinquent

if a payment is more than 30 days late.

(i) Default. - A fine or payment of restitution is in default if

a payment is delinquent for more than 90 days. Notwithstanding any

installment schedule, when a fine or payment of restitution is in

default, the entire amount of the fine or restitution is due within

30 days after notification of the default, subject to the

provisions of section 3613A.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 1995; amended Pub. L. 100-185, Sec. 7, Dec. 11, 1987, 101

Stat. 1280; Pub. L. 101-647, title XXXV, Sec. 3587, Nov. 29, 1990,

104 Stat. 4930; Pub. L. 103-322, title II, Sec. 20403(a), Sept. 13,

1994, 108 Stat. 1825; Pub. L. 104-132, title II, Sec. 207(b), Apr.

24, 1996, 110 Stat. 1236.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Criminal Procedure, referred to in subsec.

(c)(2), are set out in the Appendix to this title.

-MISC2-

PRIOR PROVISIONS

For a prior section 3572, applicable to offenses committed prior

to Nov. 1, 1987, see note set out preceding section 3551 of this

title.

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-132, Sec. 207(b)(1), inserted

''other than the United States,'' after ''offense,''.

Subsec. (d). Pub. L. 104-132, Sec. 207(b)(2)(A), (B), substituted

''(1) A person sentenced to pay a fine or other monetary penalty,

including restitution,'' for ''A person sentenced to pay a fine or

other monetary penalty'' and struck out at end ''If the judgment

permits other than immediate payment, the period provided for shall

not exceed five years, excluding any period served by the defendant

as imprisonment for the offense.''

Subsec. (d)(2), (3). Pub. L. 104-132, Sec. 207(b)(2)(C), added

pars. (2) and (3).

Subsec. (f). Pub. L. 104-132, Sec. 207(b)(3), inserted

''restitution'' after ''special assessment,''.

Subsec. (h). Pub. L. 104-132, Sec. 207(b)(4), inserted ''or

payment of restitution'' after ''A fine''.

Subsec. (i). Pub. L. 104-132, Sec. 207(b)(5), inserted ''or

payment of restitution'' after ''A fine'' in first sentence and

amended second sentence generally. Prior to amendment, second

sentence read as follows: ''When a fine is in default, the entire

amount of the fine is due within 30 days after notification of the

default, notwithstanding any installment schedule.''

1994 - Subsec. (a)(6) to (8). Pub. L. 103-322 added par. (6) and

redesignated former pars. (6) and (7) as (7) and (8), respectively.

1990 - Subsec. (c)(2). Pub. L. 101-647 inserted ''of the Federal

Rules of Criminal Procedure'' after ''rule 35''.

1987 - Pub. L. 100-185 inserted ''and related matters'' in

section catchline and amended text generally, revising and

restating as subsecs. (a) to (i) provisions formerly contained in

subsecs. (a) to (j).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-132 to be effective, to extent

constitutionally permissible, for sentencing proceedings in cases

in which defendant is convicted on or after Apr. 24, 1996, see

section 211 of Pub. L. 104-132, set out as a note under section

2248 of this title.

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1031, 3612, 3664 of this

title; title 28 section 994.

-CITE-

18 USC Sec. 3573 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER C - FINES

-HEAD-

Sec. 3573. Petition of the Government for modification or remission

-STATUTE-

Upon petition of the Government showing that reasonable efforts

to collect a fine or assessment are not likely to be effective, the

court may, in the interest of justice -

(1) remit all or part of the unpaid portion of the fine or

special assessment, including interest and penalties;

(2) defer payment of the fine or special assessment to a date

certain or pursuant to an installment schedule; or

(3) extend a date certain or an installment schedule previously

ordered.

A petition under this subsection shall be filed in the court in

which sentence was originally imposed, unless the court transfers

jurisdiction to another court. This section shall apply to all

fines and assessments irrespective of the date of imposition.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 1997; amended Pub. L. 100-185, Sec. 8(a), Dec. 11, 1987, 101

Stat. 1282; Pub. L. 100-690, title VII, Sec. 7082(a), Nov. 18,

1988, 102 Stat. 4407.)

-MISC1-

PRIOR PROVISIONS

For a prior section 3573, applicable to offenses committed prior

to Nov. 1, 1987, see note set out preceding section 3551 of this

title.

AMENDMENTS

1988 - Pub. L. 100-690 inserted at end ''This section shall apply

to all fines and assessments irrespective of the date of

imposition.''

1987 - Pub. L. 100-185 substituted ''Petition of the Government

for modification or remission'' for ''Modification or remission of

fine'' in section catchline and amended text generally, revising

and restating as a single paragraph with three numbered clauses

provisions formerly contained in subsecs. (a) and (b).

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3572 of this title; title

28 section 994.

-CITE-

18 USC Sec. 3574 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER C - FINES

-HEAD-

Sec. 3574. Implementation of a sentence of fine

-STATUTE-

The implementation of a sentence to pay a fine is governed by the

provisions of subchapter B of chapter 229.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 1997.)

-MISC1-

PRIOR PROVISIONS

For prior sections 3574 to 3580, applicable to offenses committed

prior to Nov. 1, 1987, see note set out preceding section 3551 of

this title.

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-CITE-

18 USC SUBCHAPTER D - IMPRISONMENT 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER D - IMPRISONMENT

.

-HEAD-

SUBCHAPTER D - IMPRISONMENT

-MISC1-

SUBCHAPTER D - IMPRISONMENT (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should not appear.

Sec.

3581. Sentence of imprisonment.

3582. Imposition of a sentence of imprisonment.

3583. Inclusion of a term of supervised release after imprisonment.

3584. Multiple sentences of imprisonment.

3585. Calculation of a term of imprisonment.

3586. Implementation of a sentence of imprisonment.

AMENDMENTS

1994 - Pub. L. 103-322, title XXXIII, Sec. 330010(3), Sept. 13,

1994, 108 Stat. 2143, transferred analysis of this subchapter to

follow heading for this subchapter.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3551, 3605, 3621 of

this title.

-CITE-

18 USC Sec. 3581 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER D - IMPRISONMENT

-HEAD-

Sec. 3581. Sentence of imprisonment

-STATUTE-

(a) In General. - A defendant who has been found guilty of an

offense may be sentenced to a term of imprisonment.

(b) Authorized Terms. - The authorized terms of imprisonment are

-

(1) for a Class A felony, the duration of the defendant's life

or any period of time;

(2) for a Class B felony, not more than twenty-five years;

(3) for a Class C felony, not more than twelve years;

(4) for a Class D felony, not more than six years;

(5) for a Class E felony, not more than three years;

(6) for a Class A misdemeanor, not more than one year;

(7) for a Class B misdemeanor, not more than six months;

(8) for a Class C misdemeanor, not more than thirty days; and

(9) for an infraction, not more than five days.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 1998.)

-MISC1-

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3552, 5037 of this title;

title 16 section 460n-8; title 28 section 636.

-CITE-

18 USC Sec. 3582 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER D - IMPRISONMENT

-HEAD-

Sec. 3582. Imposition of a sentence of imprisonment

-STATUTE-

(a) Factors To Be Considered in Imposing a Term of Imprisonment.

- The court, in determining whether to impose a term of

imprisonment, and, if a term of imprisonment is to be imposed, in

determining the length of the term, shall consider the factors set

forth in section 3553(a) to the extent that they are applicable,

recognizing that imprisonment is not an appropriate means of

promoting correction and rehabilitation. In determining whether to

make a recommendation concerning the type of prison facility

appropriate for the defendant, the court shall consider any

pertinent policy statements issued by the Sentencing Commission

pursuant to 28 U.S.C. 994(a)(2).

(b) Effect of Finality of Judgment. - Notwithstanding the fact

that a sentence to imprisonment can subsequently be -

(1) modified pursuant to the provisions of subsection (c);

(2) corrected pursuant to the provisions of rule 35 of the

Federal Rules of Criminal Procedure and section 3742; or

(3) appealed and modified, if outside the guideline range,

pursuant to the provisions of section 3742;

a judgment of conviction that includes such a sentence constitutes

a final judgment for all other purposes.

(c) Modification of an Imposed Term of Imprisonment. - The court

may not modify a term of imprisonment once it has been imposed

except that -

(1) in any case -

(A) the court, upon motion of the Director of the Bureau of

Prisons, may reduce the term of imprisonment (and may impose a

term of probation or supervised release with or without

conditions that does not exceed the unserved portion of the

original term of imprisonment), after considering the factors

set forth in section 3553(a) to the extent that they are

applicable, if it finds that -

(i) extraordinary and compelling reasons warrant such a

reduction; or

(ii) the defendant is at least 70 years of age, has served

at least 30 years in prison, pursuant to a sentence imposed

under section 3559(c), for the offense or offenses for which

the defendant is currently imprisoned, and a determination

has been made by the Director of the Bureau of Prisons that

the defendant is not a danger to the safety of any other

person or the community, as provided under section 3142(g);

and that such a reduction is consistent with applicable policy

statements issued by the Sentencing Commission; and

(B) the court may modify an imposed term of imprisonment to

the extent otherwise expressly permitted by statute or by Rule

35 of the Federal Rules of Criminal Procedure; and

(2) in the case of a defendant who has been sentenced to a term

of imprisonment based on a sentencing range that has subsequently

been lowered by the Sentencing Commission pursuant to 28 U.S.C.

994(o), upon motion of the defendant or the Director of the

Bureau of Prisons, or on its own motion, the court may reduce the

term of imprisonment, after considering the factors set forth in

section 3553(a) to the extent that they are applicable, if such a

reduction is consistent with applicable policy statements issued

by the Sentencing Commission.

(d) Inclusion of an Order To Limit Criminal Association of

Organized Crime and Drug Offenders. - The court, in imposing a

sentence to a term of imprisonment upon a defendant convicted of a

felony set forth in chapter 95 (racketeering) or 96 (racketeer

influenced and corrupt organizations) of this title or in the

Comprehensive Drug Abuse Prevention and Control Act of 1970 (21

U.S.C. 801 et seq.), or at any time thereafter upon motion by the

Director of the Bureau of Prisons or a United States attorney, may

include as a part of the sentence an order that requires that the

defendant not associate or communicate with a specified person,

other than his attorney, upon a showing of probable cause to

believe that association or communication with such person is for

the purpose of enabling the defendant to control, manage, direct,

finance, or otherwise participate in an illegal enterprise.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 1998; amended Pub. L. 100-690, title VII, Sec. 7107, Nov. 18,

1988, 102 Stat. 4418; Pub. L. 101-647, title XXXV, Sec. 3588, Nov.

29, 1990, 104 Stat. 4930; Pub. L. 103-322, title VII, Sec. 70002,

Sept. 13, 1994, 108 Stat. 1984; Pub. L. 104-294, title VI, Sec.

604(b)(3), Oct. 11, 1996, 110 Stat. 3506; Pub. L. 107-273, div. B,

title III, Sec. 3006, Nov. 2, 2002, 116 Stat. 1806.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Criminal Procedure, referred to in subsec.

(b)(2), are set out in the Appendix to this title.

The Comprehensive Drug Abuse Prevention and Control Act of 1970,

referred to in subsec. (d), is Pub. L. 91-513, Oct. 27, 1970, 84

Stat. 1236, as amended, which is classified principally to chapter

13 (Sec. 801 et seq.) of Title 21, Food and Drugs. For complete

classification of this Act to the Code, see Short Title note set

out under section 801 of Title 21 and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (c)(1)(A). Pub. L. 107-273 inserted ''(and may

impose a term of probation or supervised release with or without

conditions that does not exceed the unserved portion of the

original term of imprisonment)'' after ''may reduce the term of

imprisonment'' in introductory provisions.

1996 - Subsec. (c)(1)(A)(i). Pub. L. 104-294 inserted ''or''

after semicolon at end.

1994 - Subsec. (c)(1)(A). Pub. L. 103-322, inserted a dash after

''if it finds that'', designated ''extraordinary and compelling

reasons warrant such a reduction'' as cl. (i), inserted a semicolon

at end of cl. (i), realigned margins accordingly, and added cl.

(ii) before concluding provisions.

1990 - Subsec. (b)(2). Pub. L. 101-647 inserted ''of the Federal

Rules of Criminal Procedure'' after ''rule 35''.

1988 - Subsec. (c)(2). Pub. L. 100-690 substituted ''994(o)'' for

''994(n)''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see

section 604(d) of Pub. L. 104-294, set out as a note under section

13 of this title.

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 994.

-CITE-

18 USC Sec. 3583 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER D - IMPRISONMENT

-HEAD-

Sec. 3583. Inclusion of a term of supervised release after

imprisonment

-STATUTE-

(a) In General. - The court, in imposing a sentence to a term of

imprisonment for a felony or a misdemeanor, may include as a part

of the sentence a requirement that the defendant be placed on a

term of supervised release after imprisonment, except that the

court shall include as a part of the sentence a requirement that

the defendant be placed on a term of supervised release if such a

term is required by statute or if the defendant has been convicted

for the first time of a domestic violence crime as defined in

section 3561(b).

(b) Authorized Terms of Supervised Release. - Except as otherwise

provided, the authorized terms of supervised release are -

(1) for a Class A or Class B felony, not more than five years;

(2) for a Class C or Class D felony, not more than three years;

and

(3) for a Class E felony, or for a misdemeanor (other than a

petty offense), not more than one year.

(c) Factors To Be Considered in Including a Term of Supervised

Release. - The court, in determining whether to include a term of

supervised release, and, if a term of supervised release is to be

included, in determining the length of the term and the conditions

of supervised release, shall consider the factors set forth in

section 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4),

(a)(5), (a)(6), and (a)(7).

(d) Conditions of Supervised Release. - The court shall order, as

an explicit condition of supervised release, that the defendant not

commit another Federal, State, or local crime during the term of

supervision and that the defendant not unlawfully possess a

controlled substance. The court shall order as an explicit

condition of supervised release for a defendant convicted for the

first time of a domestic violence crime as defined in section

3561(b) that the defendant attend a public, private, or private

nonprofit offender rehabilitation program that has been approved by

the court, in consultation with a State Coalition Against Domestic

Violence or other appropriate experts, if an approved program is

readily available within a 50-mile radius of the legal residence of

the defendant. The court shall order, as an explicit condition of

supervised release for a person described in section 4042(c)(4),

that the person report the address where the person will reside and

any subsequent change of residence to the probation officer

responsible for supervision, and that the person register in any

State where the person resides, is employed, carries on a vocation,

or is a student (as such terms are defined under section

170101(a)(3) of the Violent Crime Control and Law Enforcement Act

of 1994). The court shall order, as an explicit condition of

supervised release, that the defendant cooperate in the collection

of a DNA sample from the defendant, if the collection of such a

sample is authorized pursuant to section 3 of the DNA Analysis

Backlog Elimination Act of 2000. The court shall also order, as an

explicit condition of supervised release, that the defendant

refrain from any unlawful use of a controlled substance and submit

to a drug test within 15 days of release on supervised release and

at least 2 periodic drug tests thereafter (as determined by the

court) for use of a controlled substance. The condition stated in

the preceding sentence may be ameliorated or suspended by the court

as provided in section 3563(a)(4). (FOOTNOTE 1) The results of a

drug test administered in accordance with the preceding subsection

shall be subject to confirmation only if the results are positive,

the defendant is subject to possible imprisonment for such failure,

and either the defendant denies the accuracy of such test or there

is some other reason to question the results of the test. A drug

test confirmation shall be a urine drug test confirmed using gas

chromatography/mass spectrometry techniques or such test as the

Director of the Administrative Office of the United States Courts

after consultation with the Secretary of Health and Human Services

may determine to be of equivalent accuracy. The court shall

consider whether the availability of appropriate substance abuse

treatment programs, or an individual's current or past

participation in such programs, warrants an exception in accordance

with United States Sentencing Commission guidelines from the rule

of section 3583(g) when considering any action against a defendant

who fails a drug test. The court may order, as a further condition

of supervised release, to the extent that such condition -

(FOOTNOTE 1) See References in Text note below.

(1) is reasonably related to the factors set forth in section

3553(a)(1), (a)(2)(B), (a)(2)(C), and (a)(2)(D);

(2) involves no greater deprivation of liberty than is

reasonably necessary for the purposes set forth in section

3553(a)(2)(B), (a)(2)(C), and (a)(2)(D); and

(3) is consistent with any pertinent policy statements issued

by the Sentencing Commission pursuant to 28 U.S.C. 994(a);

any condition set forth as a discretionary condition of probation

in section 3563(b)(1) through (b)(10) and (b)(12) through (b)(20),

(FOOTNOTE 1) and any other condition it considers to be

appropriate. If an alien defendant is subject to deportation, the

court may provide, as a condition of supervised release, that he be

deported and remain outside the United States, and may order that

he be delivered to a duly authorized immigration official for such

deportation.

(e) Modification of Conditions or Revocation. - The court may,

after considering the factors set forth in section 3553(a)(1),

(a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and (a)(7)

-

(1) terminate a term of supervised release and discharge the

defendant released at any time after the expiration of one year

of supervised release, pursuant to the provisions of the Federal

Rules of Criminal Procedure relating to the modification of

probation, if it is satisfied that such action is warranted by

the conduct of the defendant released and the interest of

justice;

(2) extend a term of supervised release if less than the

maximum authorized term was previously imposed, and may modify,

reduce, or enlarge the conditions of supervised release, at any

time prior to the expiration or termination of the term of

supervised release, pursuant to the provisions of the Federal

Rules of Criminal Procedure relating to the modification of

probation and the provisions applicable to the initial setting of

the terms and conditions of post-release supervision;

(3) revoke a term of supervised release, and require the

defendant to serve in prison all or part of the term of

supervised release authorized by statute for the offense that

resulted in such term of supervised release without credit for

time previously served on postrelease supervision, if the court,

pursuant to the Federal Rules of Criminal Procedure applicable to

revocation of probation or supervised release, finds by a

preponderance of the evidence that the defendant violated a

condition of supervised release, except that a defendant whose

term is revoked under this paragraph may not be required to serve

more than 5 years in prison if the offense that resulted in the

term of supervised release is a class A felony, more than 3 years

in prison if such offense is a class B felony, more than 2 years

in prison if such offense is a class C or D felony, or more than

one year in any other case; or

(4) order the defendant to remain at his place of residence

during nonworking hours and, if the court so directs, to have

compliance monitored by telephone or electronic signaling

devices, except that an order under this paragraph may be imposed

only as an alternative to incarceration.

(f) Written Statement of Conditions. - The court shall direct

that the probation officer provide the defendant with a written

statement that sets forth all the conditions to which the term of

supervised release is subject, and that is sufficiently clear and

specific to serve as a guide for the defendant's conduct and for

such supervision as is required.

(g) Mandatory Revocation for Possession of Controlled Substance

or Firearm or for Refusal To Comply With Drug Testing. - If the

defendant -

(1) possesses a controlled substance in violation of the

condition set forth in subsection (d);

(2) possesses a firearm, as such term is defined in section 921

of this title, in violation of Federal law, or otherwise violates

a condition of supervised release prohibiting the defendant from

possessing a firearm;

(3) refuses to comply with drug testing imposed as a condition

of supervised release; or

(4) as a part of drug testing, tests positive for illegal

controlled substances more than 3 times over the course of 1

year;

the court shall revoke the term of supervised release and require

the defendant to serve a term of imprisonment not to exceed the

maximum term of imprisonment authorized under subsection (e)(3).

(h) Supervised Release Following Revocation. - When a term of

supervised release is revoked and the defendant is required to

serve a term of imprisonment that is less than the maximum term of

imprisonment authorized under subsection (e)(3), the court may

include a requirement that the defendant be placed on a term of

supervised release after imprisonment. The length of such a term

of supervised release shall not exceed the term of supervised

release authorized by statute for the offense that resulted in the

original term of supervised release, less any term of imprisonment

that was imposed upon revocation of supervised release.

(i) Delayed Revocation. - The power of the court to revoke a term

of supervised release for violation of a condition of supervised

release, and to order the defendant to serve a term of imprisonment

and, subject to the limitations in subsection (h), a further term

of supervised release, extends beyond the expiration of the term of

supervised release for any period reasonably necessary for the

adjudication of matters arising before its expiration if, before

its expiration, a warrant or summons has been issued on the basis

of an allegation of such a violation.

(j) Supervised Release Terms for Terrorism Predicates. -

Notwithstanding subsection (b), the authorized term of supervised

release for any offense listed in section 2332b(g)(5)(B), the

commission of which resulted in, or created a foreseeable risk of,

death or serious bodily injury to another person, is any term of

years or life.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 1999; amended Pub. L. 99-570, title I, Sec. 1006(a)(1)-(3),

Oct. 27, 1986, 100 Stat. 3207-6; Pub. L. 99-646, Sec. 14(a), Nov.

10, 1986, 100 Stat. 3594; Pub. L. 100-182, Sec. 8, 9, 12, 25, Dec.

7, 1987, 101 Stat. 1267, 1268, 1272; Pub. L. 100-690, title VII,

Sec. 7108, 7303(b), 7305(b), Nov. 18, 1988, 102 Stat. 4418, 4464,

4465; Pub. L. 101-647, title XXXV, Sec. 3589, Nov. 29, 1990, 104

Stat. 4930; Pub. L. 103-322, title II, Sec. 20414(c), title XI,

Sec. 110505, title XXXII, Sec. 320921(c), Sept. 13, 1994, 108 Stat.

1831, 2016, 2130; Pub. L. 105-119, title I, Sec. 115(a)(8)(B)(iv),

Nov. 26, 1997, 111 Stat. 2466; Pub. L. 106-546, Sec. 7(b), Dec. 19,

2000, 114 Stat. 2734; Pub. L. 107-56, title VIII, Sec. 812, Oct.

26, 2001, 115 Stat. 382; Pub. L. 107-273, div. B, title II, Sec.

2103(b), title III, Sec. 3007, Nov. 2, 2002, 116 Stat. 1793, 1806.)

-REFTEXT-

REFERENCES IN TEXT

Section 170101(a)(3) of the Violent Crime Control and Law

Enforcement Act of 1994, referred to in subsec. (d), is classified

to section 14071(a)(3) of Title 42, The Public Health and Welfare.

Section 3 of the DNA Analysis Backlog Elimination Act of 2000,

referred to in subsec. (d), is classified to section 14135a of

Title 42, The Public Health and Welfare.

Section 3563(a)(4), referred to in subsec. (d), probably means

the par. (4) of section 3563(a) added by section 20414(b)(3) of

Pub. L. 103-322, which was renumbered par. (5) by Pub. L. 104-132,

title II, Sec. 203(1)(C), Apr. 24, 1996, 110 Stat. 1227.

Section 3563(b), referred to in subsec. (d), was amended by Pub.

L. 104-132, title II, Sec. 203(2)(A), (B), Apr. 24, 1996, 110 Stat.

1227, which struck out par. (2) and redesignated former pars. (3)

to (20) as (2) to (19), respectively.

The Federal Rules of Criminal Procedure, referred to in subsec.

(e)(1), (2), (3), are set out in the Appendix to this title.

-MISC2-

AMENDMENTS

2002 - Subsecs. (c), (e). Pub. L. 107-273, Sec. 3007, substituted

''(a)(6), and (a)(7)'' for ''and (a)(6)''.

Subsec. (g)(4). Pub. L. 107-273, Sec. 2103(b), added par. (4).

2001 - Subsec. (j). Pub. L. 107-56 added subsec. (j).

2000 - Subsec. (d). Pub. L. 106-546 inserted ''The court shall

order, as an explicit condition of supervised release, that the

defendant cooperate in the collection of a DNA sample from the

defendant, if the collection of such a sample is authorized

pursuant to section 3 of the DNA Analysis Backlog Elimination Act

of 2000.'' before ''The court shall also order,''.

1997 - Subsec. (d). Pub. L. 105-119 inserted after second

sentence ''The court shall order, as an explicit condition of

supervised release for a person described in section 4042(c)(4),

that the person report the address where the person will reside and

any subsequent change of residence to the probation officer

responsible for supervision, and that the person register in any

State where the person resides, is employed, carries on a vocation,

or is a student (as such terms are defined under section

170101(a)(3) of the Violent Crime Control and Law Enforcement Act

of 1994).''

1994 - Subsec. (a). Pub. L. 103-322, Sec. 320921(c)(1), inserted

before period at end ''or if the defendant has been convicted for

the first time of a domestic violence crime as defined in section

3561(b)''.

Subsec. (d). Pub. L. 103-322, Sec. 320921(c)(2), inserted after

first sentence ''The court shall order as an explicit condition of

supervised release for a defendant convicted for the first time of

a domestic violence crime as defined in section 3561(b) that the

defendant attend a public, private, or private nonprofit offender

rehabilitation program that has been approved by the court, in

consultation with a State Coalition Against Domestic Violence or

other appropriate experts, if an approved program is readily

available within a 50-mile radius of the legal residence of the

defendant.''

Pub. L. 103-322, Sec. 20414(c), inserted after first sentence

''The court shall also order, as an explicit condition of

supervised release, that the defendant refrain from any unlawful

use of a controlled substance and submit to a drug test within 15

days of release on supervised release and at least 2 periodic drug

tests thereafter (as determined by the court) for use of a

controlled substance. The condition stated in the preceding

sentence may be ameliorated or suspended by the court as provided

in section 3563(a)(4). The results of a drug test administered in

accordance with the preceding subsection shall be subject to

confirmation only if the results are positive, the defendant is

subject to possible imprisonment for such failure, and either the

defendant denies the accuracy of such test or there is some other

reason to question the results of the test. A drug test

confirmation shall be a urine drug test confirmed using gas

chromatography/mass spectrometry techniques or such test as the

Director of the Administrative Office of the United States Courts

after consultation with the Secretary of Health and Human Services

may determine to be of equivalent accuracy. The court shall

consider whether the availability of appropriate substance abuse

treatment programs, or an individual's current or past

participation in such programs, warrants an exception in accordance

with United States Sentencing Commission guidelines from the rule

of section 3583(g) when considering any action against a defendant

who fails a drug test.''

Pub. L. 103-322, Sec. 110505(1), substituted ''unlawfully possess

a controlled substance'' for ''possess illegal controlled

substances'' in first sentence.

Subsec. (e)(1). Pub. L. 103-322, Sec. 110505(2)(A), substituted

''defendant'' for ''person'' in two places.

Subsec. (e)(3). Pub. L. 103-322, Sec. 110505(2)(B), amended par.

(3) generally. Prior to amendment, par. (3) read as follows:

''revoke a term of supervised release, and require the person to

serve in prison all or part of the term of supervised release

without credit for time previously served on postrelease

supervision, if it finds by a preponderance of the evidence that

the person violated a condition of supervised release, pursuant to

the provisions of the Federal Rules of Criminal Procedure that are

applicable to probation revocation and to the provisions of

applicable policy statements issued by the Sentencing Commission,

except that a person whose term is revoked under this paragraph may

not be required to serve more than 3 years in prison if the offense

for which the person was convicted was a Class B felony, or more

than 2 years in prison if the offense was a Class C or D felony;

or''.

Subsec. (e)(4). Pub. L. 103-322, Sec. 110505(2)(A), substituted

''defendant'' for ''person''.

Subsecs. (g) to (i). Pub. L. 103-322, Sec. 110505(3), added

subsecs. (g) to (i) and struck out former subsec. (g) which read as

follows:

''(g) Possession of Controlled Substances. - If the defendant is

found by the court to be in the possession of a controlled

substance, the court shall terminate the term of supervised release

and require the defendant to serve in prison not less than

one-third of the term of supervised release.''

1990 - Subsec. (d)(2). Pub. L. 101-647, Sec. 3589(1), inserted a

comma after ''3553(a)(2)(B)''.

Subsec. (e)(2) to (5). Pub. L. 101-647, Sec. 3589(2)(A)-(C),

struck out ''or'' at end of par. (2), substituted ''; or'' for

period at end of par. (3), and redesignated par. (5) as (4).

1988 - Subsec. (d). Pub. L. 100-690, Sec. 7303(b)(1), inserted

''and that the defendant not possess illegal controlled

substances'' before period at end of first sentence.

Pub. L. 100-690, Sec. 7305(b)(1), substituted ''(b)(20)'' for

''(b)(19)'' in concluding provisions.

Subsec. (d)(1). Pub. L. 100-690, Sec. 7108(a)(1), inserted

''(a)(2)(C),'' after ''(a)(2)(B),''.

Subsec. (d)(2). Pub. L. 100-690, Sec. 7108(a)(2), which directed

that ''(a)(2)(C),'' be inserted after ''(a)(2)(B),'', was executed

by inserting ''(a)(2)(C),'' after ''(a)(2)(B)'' as the probable

intent of Congress, because no comma appeared after ''(a)(2)(B)''.

Subsec. (e). Pub. L. 100-690, Sec. 7108(b)(1), inserted

''(a)(2)(C),'' after ''(a)(2)(B),'' in introductory provisions.

Subsec. (e)(2). Pub. L. 100-690, Sec. 7108(b)(2), inserted ''or''

after ''supervision;''.

Subsec. (e)(3). Pub. L. 100-690, Sec. 7305(b)(2)(A), which

directed amendment of par. (3) by striking ''or'' at the end could

not be executed because of the intervening amendment by Pub. L.

100-690, Sec. 7108(b)(3), (4). See below.

Pub. L. 100-690, Sec. 7108(b)(3), (4), redesignated par. (4) as

(3) and struck out former par. (3) which read as follows: ''treat a

violation of a condition of a term of supervised release as

contempt of court pursuant to section 401(3) of this title; or''.

Subsec. (e)(4). Pub. L. 100-690, Sec. 7305(b)(2)(B), which

directed amendment of par. (4) by striking the period at the end

and inserting ''; or'' could not be executed because subsec. (e)

did not contain a par. (4) after the intervening amendment by Pub.

L. 100-690, Sec. 7108(b)(4). See below.

Pub. L. 100-690, Sec. 7108(b)(4), redesignated par. (4) as (3).

Subsec. (e)(5). Pub. L. 100-690, Sec. 7305(b)(2)(C), added par.

(5).

Subsec. (g). Pub. L. 100-690, Sec. 7303(b)(2), added subsec. (g).

1987 - Subsec. (b)(1). Pub. L. 100-182, Sec. 8(1), substituted

''five years'' for ''three years''.

Subsec. (b)(2). Pub. L. 100-182, Sec. 8(2), substituted ''three

years'' for ''two years''.

Subsec. (b)(3). Pub. L. 100-182, Sec. 8(3), inserted ''(other

than a petty offense)'' after ''misdemeanor''.

Subsec. (c). Pub. L. 100-182, Sec. 9, inserted ''(a)(2)(C),''.

Subsec. (e)(1). Pub. L. 100-182, Sec. 12(1), inserted ''pursuant

to the provisions of the Federal Rules of Criminal Procedure

relating to the modification of probation,''.

Subsec. (e)(2). Pub. L. 100-182, Sec. 12(2), struck out ''after a

hearing,'' before ''extend a term'' and inserted ''the provisions

of the Federal Rules of Criminal Procedure relating to the

modification of probation and'' after ''pursuant to''.

Subsec. (e)(4). Pub. L. 100-182, Sec. 25, inserted '', except

that a person whose term is revoked under this paragraph may not be

required to serve more than 3 years in prison if the offense for

which the person was convicted was a Class B felony, or more than 2

years in prison if the offense was a Class C or D felony'' before

''Commission'' at end.

1986 - Subsec. (a). Pub. L. 99-570, Sec. 1006(a)(1), inserted '',

except that the court shall include as a part of the sentence a

requirement that the defendant be placed on a term of supervised

release if such a term is required by statute''.

Subsec. (b). Pub. L. 99-570, Sec. 1006(a)(2), substituted

''Except as otherwise provided, the'' for ''The''.

Subsec. (e). Pub. L. 99-570, Sec. 1006(a)(3)(A), and Pub. L.

99-646, Sec. 14(a)(1), amended section catchline identically,

substituting ''conditions or revocation'' for ''term or

conditions''.

Subsec. (e)(1). Pub. L. 99-646, Sec. 14(a)(2), struck out

''previously ordered'' before ''and discharge''.

Subsec. (e)(4). Pub. L. 99-570, Sec. 224(a)(3)(B)-(D), added par.

(4).

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-119 effective 1 year after Nov. 26,

1997, see section 115(c)(1) of Pub. L. 105-119, set out as a note

under section 14071 of Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 7303(b) of Pub. L. 100-690 applicable with

respect to persons whose probation, supervised release, or parole

begins after Dec. 31, 1988, see section 7303(d) of Pub. L. 100-690,

set out as a note under section 3563 of this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-182 applicable with respect to offenses

committed after Dec. 7, 1987, see section 26 of Pub. L. 100-182,

set out as a note under section 3006A of this title.

EFFECTIVE DATE OF 1986 AMENDMENTS

Section 14(b) of Pub. L. 99-646 provided that: ''The amendments

made by this section (amending this section) shall take effect on

the date of the taking effect of section 3583 of title 18, United

States Code (Nov. 1, 1987).''

Section 1006(a)(4) of Pub. L. 99-570 provided that: ''The

amendments made by this subsection (amending this section) shall

take effect on the date of the taking effect of section 3583 of

title 18, United States Code (Nov. 1, 1987).''

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3401, 3601, 4101 of this

title; title 21 sections 841, 960; title 28 section 994.

-CITE-

18 USC Sec. 3584 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER D - IMPRISONMENT

-HEAD-

Sec. 3584. Multiple sentences of imprisonment

-STATUTE-

(a) Imposition of Concurrent or Consecutive Terms. - If multiple

terms of imprisonment are imposed on a defendant at the same time,

or if a term of imprisonment is imposed on a defendant who is

already subject to an undischarged term of imprisonment, the terms

may run concurrently or consecutively, except that the terms may

not run consecutively for an attempt and for another offense that

was the sole objective of the attempt. Multiple terms of

imprisonment imposed at the same time run concurrently unless the

court orders or the statute mandates that the terms are to run

consecutively. Multiple terms of imprisonment imposed at different

times run consecutively unless the court orders that the terms are

to run concurrently.

(b) Factors To Be Considered in Imposing Concurrent or

Consecutive Terms. - The court, in determining whether the terms

imposed are to be ordered to run concurrently or consecutively,

shall consider, as to each offense for which a term of imprisonment

is being imposed, the factors set forth in section 3553(a).

(c) Treatment of Multiple Sentence as an Aggregate. - Multiple

terms of imprisonment ordered to run consecutively or concurrently

shall be treated for administrative purposes as a single, aggregate

term of imprisonment.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 2000.)

-MISC1-

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-CITE-

18 USC Sec. 3585 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER D - IMPRISONMENT

-HEAD-

Sec. 3585. Calculation of a term of imprisonment

-STATUTE-

(a) Commencement of Sentence. - A sentence to a term of

imprisonment commences on the date the defendant is received in

custody awaiting transportation to, or arrives voluntarily to

commence service of sentence at, the official detention facility at

which the sentence is to be served.

(b) Credit for Prior Custody. - A defendant shall be given credit

toward the service of a term of imprisonment for any time he has

spent in official detention prior to the date the sentence

commences -

(1) as a result of the offense for which the sentence was

imposed; or

(2) as a result of any other charge for which the defendant was

arrested after the commission of the offense for which the

sentence was imposed;

that has not been credited against another sentence.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 2001.)

-MISC1-

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-CITE-

18 USC Sec. 3586 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 227 - SENTENCES

SUBCHAPTER D - IMPRISONMENT

-HEAD-

Sec. 3586. Implementation of a sentence of imprisonment

-STATUTE-

The implementation of a sentence of imprisonment is governed by

the provisions of subchapter C of chapter 229 and, if the sentence

includes a term of supervised release, by the provisions of

subchapter A of chapter 229.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 2001.)

-MISC1-

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-CITE-