US (United States) Code. Title 18. Chapter 232: Miscellaneous sentencing provisions

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

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-CITE-

18 USC CHAPTER 232 - MISCELLANEOUS SENTENCING PROVISIONS 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 232 - MISCELLANEOUS SENTENCING PROVISIONS

.

-HEAD-

CHAPTER 232 - MISCELLANEOUS SENTENCING PROVISIONS

-MISC1-

Sec.

3661. Use of information for sentencing.

3662. Conviction records.

3663. Order of restitution.

3663A. Mandatory restitution to victims of certain crimes.

3664. Procedure for issuance and enforcement of order of

restitution.

3665. Firearms possessed by convicted felons.

3666. Bribe moneys.

3667. Liquors and related property; definitions.

3668. Remission or mitigation of forfeitures under liquor laws;

possession pending trial.

3669. Conveyances carrying liquor.

3670. Disposition of conveyances seized for violation of the Indian

liquor laws.

3671. Vessels carrying explosives and steerage passengers.

3672. Duties of Director of Administrative Office of the United

States Courts.

3673. Definitions for sentencing provisions.

AMENDMENTS

1996 - Pub. L. 104-132, title II, Sec. 204(b), 206(b), Apr. 24,

1996, 110 Stat. 1229, 1236, added item 3663A and substituted

''issuance and enforcement of order of restitution'' for ''issuing

order of restitution'' in item 3664.

1990 - Pub. L. 101-647, title XXXV, Sec. 3594, Nov. 29, 1990, 104

Stat. 4931, substituted ''Conveyances'' for ''Conveyance'' in item

3669.

1984 - Pub. L. 98-473, title II, Sec. 212(a)(5), 235(a)(1), Oct.

12, 1984, 98 Stat. 2010, 2031, as amended, added chapter heading

and analysis of sections for chapter 232 consisting of items 3661

to 3673, effective Nov. 1, 1987.

EFFECTIVE DATE

Pub. L. 98-473, title II, Sec. 212(a)(1), (3)-(5), 235(a)(1),

Oct. 12, 1984, 98 Stat. 1987, 2010, 2031, as amended, enacted

heading, analysis, and section 3673 of this chapter (Sec. 3661 to

3673), provided that sections 3577, 3578, 3579, 3580, 3611, 3612,

3615, 3617, 3618, 3619, 3620, and 3656 of this title are renumbered

as sections 3661, 3662, 3663, 3664, 3665, 3666, 3667, 3668, 3669,

3670, 3671, and 3672, respectively, of this chapter, and amended

section 3663 of this chapter, effective Nov. 1, 1987, and

applicable only to offenses committed after the taking effect of

this chapter. Section 235 of Pub. L. 98-473, as amended, relating

to effective dates, is set out as a note under section 3551 of this

title.

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18 USC Sec. 3661 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 232 - MISCELLANEOUS SENTENCING PROVISIONS

-HEAD-

Sec. 3661. Use of information for sentencing

-STATUTE-

No limitation shall be placed on the information concerning the

background, character, and conduct of a person convicted of an

offense which a court of the United States may receive and consider

for the purpose of imposing an appropriate sentence.

-SOURCE-

(Added Pub. L. 91-452, title X, Sec. 1001(a), Oct. 15, 1970, 84

Stat. 951, Sec. 3577; renumbered Sec. 3661, Pub. L. 98-473, title

II, Sec. 212(a)(1), Oct. 12, 1984, 98 Stat. 1987.)

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SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-421, Sec. 1, Oct. 12, 1990, 104 Stat. 909, provided

that: ''This Act (amending provisions set out as a note under

section 3672 of this title) may be cited as the 'Drug and Alcohol

Dependent Offenders Treatment Act of 1989'.''

SHORT TITLE OF 1986 AMENDMENT

Pub. L. 99-570, title I, Sec. 1861(a), Oct. 27, 1986, 100 Stat.

3207-53, provided that: ''This section (amending sections 3672 and

4255 of this title, enacting provisions set out as a note under

section 3672 of this title, and amending provisions set out as a

note under section 4255 of this title) may be cited as the 'Drug

and Alcohol Dependent Offenders Treatment Act of 1986'.''

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18 USC Sec. 3662 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 232 - MISCELLANEOUS SENTENCING PROVISIONS

-HEAD-

Sec. 3662. Conviction records

-STATUTE-

(a) The Attorney General of the United States is authorized to

establish in the Department of Justice a repository for records of

convictions and determinations of the validity of such convictions.

(b) Upon the conviction thereafter of a defendant in a court of

the United States, the District of Columbia, the Commonwealth of

Puerto Rico, a territory or possession of the United States, any

political subdivision, or any department, agency, or

instrumentality thereof for an offense punishable in such court by

death or imprisonment in excess of one year, or a judicial

determination of the validity of such conviction on collateral

review, the court shall cause a certified record of the conviction

or determination to be made to the repository in such form and

containing such information as the Attorney General of the United

States shall by regulation prescribe.

(c) Records maintained in the repository shall not be public

records. Certified copies thereof -

(1) may be furnished for law enforcement purposes on request of

a court or law enforcement or corrections officer of the United

States, the District of Columbia, the Commonwealth of Puerto

Rico, a territory or possession of the United States, any

political subdivision, or any department, agency, or

instrumentality thereof;

(2) may be furnished for law enforcement purposes on request of

a court or law enforcement or corrections officer of a State, any

political subdivision, or any department, agency, or

instrumentality thereof, if a statute of such State requires

that, upon the conviction of a defendant in a court of the State

or any political subdivision thereof for an offense punishable in

such court by death or imprisonment in excess of one year, or a

judicial determination of the validity of such conviction on

collateral review, the court cause a certified record of the

conviction or determination to be made to the repository in such

form and containing such information as the Attorney General of

the United States shall by regulation prescribe; and

(3) shall be prima facie evidence in any court of the United

States, the District of Columbia, the Commonwealth of Puerto

Rico, a territory or possession of the United States, any

political subdivision, or any department, agency, or

instrumentality thereof, that the convictions occurred and

whether they have been judicially determined to be invalid on

collateral review.

(d) The Attorney General of the United States shall give

reasonable public notice, and afford to interested parties

opportunity for hearing, prior to prescribing regulations under

this section.

-SOURCE-

(Added Pub. L. 91-452, title X, Sec. 1001(a), Oct. 15, 1970, 84

Stat. 951, Sec. 3578; renumbered Sec. 3662, Pub. L. 98-473, title

II, Sec. 212(a)(1), Oct. 12, 1984, 98 Stat. 1987.)

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18 USC Sec. 3663 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 232 - MISCELLANEOUS SENTENCING PROVISIONS

-HEAD-

Sec. 3663. Order of restitution

-STATUTE-

(a)(1)(A) The court, when sentencing a defendant convicted of an

offense under this title, section 401, 408(a), 409, 416, 420, or

422(a) of the Controlled Substances Act (21 U.S.C. 841, 848(a),

849, 856, 861, 863) (but in no case shall a participant in an

offense under such sections be considered a victim of such offense

under this section), or section 46312, 46502, or 46504 of title 49,

other than an offense described in section 3663A(c), may order, in

addition to or, in the case of a misdemeanor, in lieu of any other

penalty authorized by law, that the defendant make restitution to

any victim of such offense, or if the victim is deceased, to the

victim's estate. The court may also order, if agreed to by the

parties in a plea agreement, restitution to persons other than the

victim of the offense.

(B)(i) The court, in determining whether to order restitution

under this section, shall consider -

(I) the amount of the loss sustained by each victim as a result

of the offense; and

(II) the financial resources of the defendant, the financial

needs and earning ability of the defendant and the defendant's

dependents, and such other factors as the court deems

appropriate.

(ii) To the extent that the court determines that the

complication and prolongation of the sentencing process resulting

from the fashioning of an order of restitution under this section

outweighs the need to provide restitution to any victims, the court

may decline to make such an order.

(2) For the purposes of this section, the term ''victim'' means a

person directly and proximately harmed as a result of the

commission of an offense for which restitution may be ordered

including, in the case of an offense that involves as an element a

scheme, conspiracy, or pattern of criminal activity, any person

directly harmed by the defendant's criminal conduct in the course

of the scheme, conspiracy, or pattern. In the case of a victim who

is under 18 years of age, incompetent, incapacitated, or deceased,

the legal guardian of the victim or representative of the victim's

estate, another family member, or any other person appointed as

suitable by the court, may assume the victim's rights under this

section, but in no event shall the defendant be named as such

representative or guardian.

(3) The court may also order restitution in any criminal case to

the extent agreed to by the parties in a plea agreement.

(b) The order may require that such defendant -

(1) in the case of an offense resulting in damage to or loss or

destruction of property of a victim of the offense -

(A) return the property to the owner of the property or

someone designated by the owner; or

(B) if return of the property under subparagraph (A) is

impossible, impractical, or inadequate, pay an amount equal to

the greater of -

(i) the value of the property on the date of the damage,

loss, or destruction, or

(ii) the value of the property on the date of sentencing,

less the value (as of the date the property is returned) of any

part of the property that is returned;

(2) in the case of an offense resulting in bodily injury to a

victim including an offense under chapter 109A or chapter 110 -

(A) pay an amount equal to the cost of necessary medical and

related professional services and devices relating to physical,

psychiatric, and psychological care, including nonmedical care

and treatment rendered in accordance with a method of healing

recognized by the law of the place of treatment;

(B) pay an amount equal to the cost of necessary physical and

occupational therapy and rehabilitation; and

(C) reimburse the victim for income lost by such victim as a

result of such offense;

(3) in the case of an offense resulting in bodily injury also

results in the death of a victim, pay an amount equal to the cost

of necessary funeral and related services;

(4) in any case, reimburse the victim for lost income and

necessary child care, transportation, and other expenses related

to participation in the investigation or prosecution of the

offense or attendance at proceedings related to the offense; and

(5) in any case, if the victim (or if the victim is deceased,

the victim's estate) consents, make restitution in services in

lieu of money, or make restitution to a person or organization

designated by the victim or the estate.

(c)(1) Notwithstanding any other provision of law (but subject to

the provisions of subsections (a)(1)(B)(i)(II) and (ii), (FOOTNOTE

1) when sentencing a defendant convicted of an offense described in

section 401, 408(a), 409, 416, 420, or 422(a) of the Controlled

Substances Act (21 U.S.C. 841, 848(a), 849, 856, 861, 863), in

which there is no identifiable victim, the court may order that the

defendant make restitution in accordance with this subsection.

(FOOTNOTE 1) So in original. Probably should be ''(ii)),''.

(2)(A) An order of restitution under this subsection shall be

based on the amount of public harm caused by the offense, as

determined by the court in accordance with guidelines promulgated

by the United States Sentencing Commission.

(B) In no case shall the amount of restitution ordered under this

subsection exceed the amount of the fine which may be ordered for

the offense charged in the case.

(3) Restitution under this subsection shall be distributed as

follows:

(A) 65 percent of the total amount of restitution shall be paid

to the State entity designated to administer crime victim

assistance in the State in which the crime occurred.

(B) 35 percent of the total amount of restitution shall be paid

to the State entity designated to receive Federal substance abuse

block grant funds.

(4) The court shall not make an award under this subsection if it

appears likely that such award would interfere with a forfeiture

under chapter 46 or chapter 96 of this title or under the

Controlled Substances Act (21 U.S.C. 801 et seq.).

(5) Notwithstanding section 3612(c) or any other provision of

law, a penalty assessment under section 3013 or a fine under

subchapter C of chapter 227 shall take precedence over an order of

restitution under this subsection.

(6) Requests for community restitution under this subsection may

be considered in all plea agreements negotiated by the United

States.

(7)(A) The United States Sentencing Commission shall promulgate

guidelines to assist courts in determining the amount of

restitution that may be ordered under this subsection.

(B) No restitution shall be ordered under this subsection until

such time as the Sentencing Commission promulgates guidelines

pursuant to this paragraph.

(d) An order of restitution made pursuant to this section shall

be issued and enforced in accordance with section 3664.

-SOURCE-

(Added Pub. L. 97-291, Sec. 5(a), Oct. 12, 1982, 96 Stat. 1253,

Sec. 3579; renumbered Sec. 3663 and amended Pub. L. 98-473, title

II, Sec. 212(a)(1), (3), Oct. 12, 1984, 98 Stat. 1987, 2010; Pub.

L. 98-596, Sec. 9, Oct. 30, 1984, 98 Stat. 3138; Pub. L. 99-646,

Sec. 8(b), 20(a), 77(a), 78(a), 79(a), Nov. 10, 1986, 100 Stat.

3593, 3596, 3618, 3619; Pub. L. 100-182, Sec. 13, Dec. 7, 1987, 101

Stat. 1268; Pub. L. 100-185, Sec. 12, Dec. 11, 1987, 101 Stat.

1285; Pub. L. 100-690, title VII, Sec. 7042, Nov. 18, 1988, 102

Stat. 4399; Pub. L. 101-647, title XXV, Sec. 2509, title XXXV, Sec.

3595, Nov. 29, 1990, 104 Stat. 4863, 4931; Pub. L. 103-272, Sec.

5(e)(12), July 5, 1994, 108 Stat. 1374; Pub. L. 103-322, title IV,

Sec. 40504, 40505, Sept. 13, 1994, 108 Stat. 1947; Pub. L. 104-132,

title II, Sec. 205(a), Apr. 24, 1996, 110 Stat. 1229; Pub. L.

104-294, title VI, Sec. 601(r)(1), (2), 605(l), Oct. 11, 1996, 110

Stat. 3502, 3510; Pub. L. 106-310, div. B, title XXXVI, Sec.

3613(c), Oct. 17, 2000, 114 Stat. 1230.)

-REFTEXT-

REFERENCES IN TEXT

The Controlled Substances Act, referred to in subsec. (c)(4), is

title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as

amended, which is classified principally to subchapter I (Sec. 801

et seq.) of chapter 13 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

2000 - Subsec. (c)(2)(B). Pub. L. 106-310 inserted ''which may

be'' after ''fine''.

1996 - Subsec. (a)(1). Pub. L. 104-132, Sec. 205(a)(1)(A)-(E),

substituted ''(a)(1)(A) The court'' for ''(a)(1) The court'',

inserted '', section 401, 408(a), 409, 416, 420, or 422(a) of the

Controlled Substances Act (21 U.S.C. 841, 848(a), 849, 856, 861,

863) (but in no case shall a participant in an offense under such

sections be considered a victim of such offense under this

section),'' before ''or section 46312,'', ''other than an offense

described in section 3663A(c),'' after ''title 49'', and '', or if

the victim is deceased, to the victim's estate'' before period at

end, and added subpar. (B).

Subsec. (a)(1)(A). Pub. L. 104-294, Sec. 601(r)(1), inserted at

end ''The court may also order, if agreed to by the parties in a

plea agreement, restitution to persons other than the victim of the

offense.''

Subsec. (a)(2). Pub. L. 104-132, Sec. 205(a)(1)(F), as amended by

Pub. L. 104-294, Sec. 605(l), amended par. (2) generally. Prior to

amendment, par. (2) read as follows: ''For the purposes of

restitution, a victim of an offense that involves as an element a

scheme, a conspiracy, or a pattern of criminal activity means any

person directly harmed by the defendant's criminal conduct in the

course of the scheme, conspiracy, or pattern.''

Subsec. (c). Pub. L. 104-132, Sec. 205(a)(2), (3), added subsec.

(c) and struck out former subsec. (c) which read as follows: ''If

the court decides to order restitution under this section, the

court shall, if the victim is deceased, order that the restitution

be made to the victim's estate.''

Subsec. (c)(4). Pub. L. 104-294, Sec. 601(r)(2), inserted ''or

chapter 96'' after ''under chapter 46''.

Subsec. (d). Pub. L. 104-132, Sec. 205(a)(2), (3), added subsec.

(d) and struck out former subsec. (d) which read as follows: ''To

the extent that the court determines that the complication and

prolongation of the sentencing process resulting from the

fashioning of an order of restitution under this section outweighs

the need to provide restitution to any victims, the court may

decline to make such an order.''

Subsecs. (e) to (i). Pub. L. 104-132, Sec. 205(a)(2), struck out

subsecs. (e) to (i), relating to provisions for restitution to

persons who had compensated victims for their loss as well as

offsets for restitution received by victims against amounts later

recovered as compensatory damages, court orders that defendant make

restitution in specified time period or in specified installments,

payment of restitution as condition of probation or of supervised

release, enforcement of restitution orders by United States or by

victim, and supervision, termination, or restoration of eligibility

for Federal benefits of persons delinquent in making restitution,

respectively.

1994 - Subsec. (a)(1). Pub. L. 103-272 substituted ''section

46312, 46502, or 46504 of title 49'' for ''under subsection (h),

(i), (j), or (n) of section 902 of the Federal Aviation Act of 1958

(49 U.S.C. 1472)''.

Subsec. (b)(2). Pub. L. 103-322, Sec. 40504(1), in introductory

provisions, inserted ''including an offense under chapter 109A or

chapter 110'' after ''victim''.

Subsec. (b)(3) to (5). Pub. L. 103-322, Sec. 40504(2)-(4), struck

out ''and'' at end of par. (3), added par. (4), and redesignated

former par. (4) as (5).

Subsec. (i). Pub. L. 103-322, Sec. 40505, added subsec. (i).

1990 - Subsec. (a). Pub. L. 101-647, Sec. 2509, designated

existing provisions as par. (1) and added pars. (2) and (3).

Subsec. (f)(4). Pub. L. 101-647, Sec. 3595, substituted

''604(a)(18)'' for ''604(a)(17)''.

1988 - Subsec. (h). Pub. L. 100-690 amended subsec. (h)

generally. Prior to amendment, subsec. (h) read as follows: ''An

order of restitution may be enforced by the United States in the

manner provided in sections 3812 and 3813 or in the same manner as

a judgment in a civil action, and by the victim named in the order

to receive the restitution in the same manner as a judgment in a

civil action.''

1987 - Subsec. (f)(4). Pub. L. 100-185 inserted ''or the person

designated under section 604(a)(17) of title 28'' after ''Attorney

General''.

Subsec. (g). Pub. L. 100-182 substituted ''revoke probation or a

term of supervised release,'' for ''revoke probation,'' in two

places and inserted ''probation or'' after ''modify the term or

conditions of'' in two places.

1986 - Subsec. (a). Pub. L. 99-646, Sec. 20(a), which directed

that subsec. (a)(1) be amended by inserting '', in the case of a

misdemeanor,'' after ''in addition to or'', was executed to subsec.

(a) to reflect the probable intent of Congress and the prior

amendment to subsec. (a) by Pub. L. 99-646, Sec. 8(b), below.

Pub. L. 99-646, Sec. 8(b), struck out par. (1) designation, and

struck out par. (2) which read as follows: ''If the court does not

order restitution, or orders only partial restitution, under this

section, the court shall state on the record the reasons

therefor.''

Subsec. (a)(1). Pub. L. 99-646, Sec. 79(a), substituted ''such

offense'' for ''the offense''.

Subsec. (d). Pub. L. 99-646, Sec. 77(a), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: ''The

court shall impose an order of restitution to the extent that such

order is as fair as possible to the victim and the imposition of

such order will not unduly complicate or prolong the sentencing

process.''

Subsec. (h). Pub. L. 99-646, Sec. 78(a), substituted ''in the

manner provided for the collection of fines and penalties by

section 3565 or by a victim'' for ''or a victim''.

1984 - Pub. L. 98-473, Sec. 212(a)(1), renumbered section 3579 of

this title as this section.

Subsec. (c). Pub. L. 98-596, Sec. 9(1), substituted ''court'' for

''Court'' after ''If the''.

Subsec. (f)(4). Pub. L. 98-596, Sec. 9(2), added par. (4).

Subsec. (g). Pub. L. 98-473, Sec. 212(a)(3)(A), amended subsec.

(g) generally. Prior to amendment, subsec. (g) read as follows:

''If such defendant is placed on probation or paroled under this

title, any restitution ordered under this section shall be a

condition of such probation or parole. The court may revoke

probation and the Parole Commission may revoke parole if the

defendant fails to comply with such order. In determining whether

to revoke probation or parole, the court or Parole Commission shall

consider the defendant's employment status, earning ability,

financial resources, the willfulness of the defendant's failure to

pay, and any other special circumstances that may have a bearing on

the defendant's ability to pay.''

Subsec. (h). Pub. L. 98-473, Sec. 212(a)(3)(B), amended subsec.

(h) generally. Prior to amendment, subsec. (h) read as follows:

''An order of restitution may be enforced by the United States in

the manner provided for the collection of fines and penalties by

section 3565 or by a victim named in the order to receive the

restitution in the same manner as a judgment in a civil action.''

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 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

Amendment by section 8(b) of Pub. L. 99-646 effective Nov. 1,

1987, see section 8(c) of Pub. L. 99-646, set out as a note under

section 3553 of this title.

Amendment by section 20(a) of Pub. L. 99-646 effective Nov. 1,

1987, see section 20(c) of Pub. L. 99-646, set out as a note under

section 3556 of this title.

Section 77(b) of Pub. L. 99-646 provided that: ''The amendment

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

the 30th day after the date of the enactment of this Act (Nov. 10,

1986).''

Section 78(b) of Pub. L. 99-646 provided that: ''The amendment

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

the 30th day after the date of the enactment of this Act (Nov. 10,

1986).''

Section 79(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 enactment of this Act (Nov. 10, 1986).''

EFFECTIVE DATE OF 1984 AMENDMENTS

Amendment by Pub. L. 98-596 applicable to offenses committed

after Dec. 31, 1984, see section 10 of Pub. L. 98-596.

Amendment by section 212(a)(3) of Pub. L. 98-473 effective Nov.

1, 1987, and applicable only to offenses committed after the taking

effect of such amendment, see section 235(a)(1) of Pub. L. 98-473,

set out as an Effective Date note under section 3551 of this title.

EFFECTIVE DATE

Section effective with respect to offenses occurring after Jan.

1, 1983, see section 9(b)(2) of Pub. L. 97-291, set out as a note

under section 1512 of this title.

PROFIT BY A CRIMINAL FROM SALE OF HIS STORY

Section 7 of Pub. L. 97-291 required the Attorney General to

report, by Oct. 12, 1982, to Congress regarding any laws that are

necessary to ensure that no Federal felon derives any profit from

the sale of the recollections, thoughts, and feelings of such felon

with regards to the offense committed by the felon until any victim

of the offense receives restitution.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 43, 1593, 2248, 2259,

2264, 2327, 3525, 3556, 3563, 3613, 3664, 4048 of this title; title

12 section 1831k.

-CITE-

18 USC Sec. 3663A 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 232 - MISCELLANEOUS SENTENCING PROVISIONS

-HEAD-

Sec. 3663A. Mandatory restitution to victims of certain crimes

-STATUTE-

(a)(1) Notwithstanding any other provision of law, when

sentencing a defendant convicted of an offense described in

subsection (c), the court shall order, in addition to, or in the

case of a misdemeanor, in addition to or in lieu of, any other

penalty authorized by law, that the defendant make restitution to

the victim of the offense or, if the victim is deceased, to the

victim's estate.

(2) For the purposes of this section, the term ''victim'' means a

person directly and proximately harmed as a result of the

commission of an offense for which restitution may be ordered

including, in the case of an offense that involves as an element a

scheme, conspiracy, or pattern of criminal activity, any person

directly harmed by the defendant's criminal conduct in the course

of the scheme, conspiracy, or pattern. In the case of a victim who

is under 18 years of age, incompetent, incapacitated, or deceased,

the legal guardian of the victim or representative of the victim's

estate, another family member, or any other person appointed as

suitable by the court, may assume the victim's rights under this

section, but in no event shall the defendant be named as such

representative or guardian.

(3) The court shall also order, if agreed to by the parties in a

plea agreement, restitution to persons other than the victim of the

offense.

(b) The order of restitution shall require that such defendant -

(1) in the case of an offense resulting in damage to or loss or

destruction of property of a victim of the offense -

(A) return the property to the owner of the property or

someone designated by the owner; or

(B) if return of the property under subparagraph (A) is

impossible, impracticable, or inadequate, pay an amount equal

to -

(i) the greater of -

(I) the value of the property on the date of the damage,

loss, or destruction; or

(II) the value of the property on the date of sentencing,

less

(ii) the value (as of the date the property is returned) of

any part of the property that is returned;

(2) in the case of an offense resulting in bodily injury to a

victim -

(A) pay an amount equal to the cost of necessary medical and

related professional services and devices relating to physical,

psychiatric, and psychological care, including nonmedical care

and treatment rendered in accordance with a method of healing

recognized by the law of the place of treatment;

(B) pay an amount equal to the cost of necessary physical and

occupational therapy and rehabilitation; and

(C) reimburse the victim for income lost by such victim as a

result of such offense;

(3) in the case of an offense resulting in bodily injury that

results in the death of the victim, pay an amount equal to the

cost of necessary funeral and related services; and

(4) in any case, reimburse the victim for lost income and

necessary child care, transportation, and other expenses incurred

during participation in the investigation or prosecution of the

offense or attendance at proceedings related to the offense.

(c)(1) This section shall apply in all sentencing proceedings for

convictions of, or plea agreements relating to charges for, any

offense -

(A) that is -

(i) a crime of violence, as defined in section 16;

(ii) an offense against property under this title, or under

section 416(a) of the Controlled Substances Act (21 U.S.C.

856(a)), including any offense committed by fraud or deceit; or

(iii) an offense described in section 1365 (relating to

tampering with consumer products); and

(B) in which an identifiable victim or victims has suffered a

physical injury or pecuniary loss.

(2) In the case of a plea agreement that does not result in a

conviction for an offense described in paragraph (1), this section

shall apply only if the plea specifically states that an offense

listed under such paragraph gave rise to the plea agreement.

(3) This section shall not apply in the case of an offense

described in paragraph (1)(A)(ii) if the court finds, from facts on

the record, that -

(A) the number of identifiable victims is so large as to make

restitution impracticable; or

(B) determining complex issues of fact related to the cause or

amount of the victim's losses would complicate or prolong the

sentencing process to a degree that the need to provide

restitution to any victim is outweighed by the burden on the

sentencing process.

(d) An order of restitution under this section shall be issued

and enforced in accordance with section 3664.

-SOURCE-

(Added Pub. L. 104-132, title II, Sec. 204(a), Apr. 24, 1996, 110

Stat. 1227; amended Pub. L. 106-310, div. B, title XXXVI, Sec.

3613(d), Oct. 17, 2000, 114 Stat. 1230.)

-MISC1-

AMENDMENTS

2000 - Subsec. (c)(1)(A)(ii). Pub. L. 106-310 inserted ''or under

section 416(a) of the Controlled Substances Act (21 U.S.C.

856(a)),'' after ''under this title,''.

EFFECTIVE DATE

Section 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 an Effective Date of 1996 Amendment note under section 2248

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 43, 228, 1593, 2248,

2259, 2264, 2327, 3556, 3563, 3613, 3663, 3664, 4048 of this title;

title 21 sections 853, 856.

-CITE-

18 USC Sec. 3664 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 232 - MISCELLANEOUS SENTENCING PROVISIONS

-HEAD-

Sec. 3664. Procedure for issuance and enforcement of order of

restitution

-STATUTE-

(a) For orders of restitution under this title, the court shall

order the probation officer to obtain and include in its

presentence report, or in a separate report, as the court may

direct, information sufficient for the court to exercise its

discretion in fashioning a restitution order. The report shall

include, to the extent practicable, a complete accounting of the

losses to each victim, any restitution owed pursuant to a plea

agreement, and information relating to the economic circumstances

of each defendant. If the number or identity of victims cannot be

reasonably ascertained, or other circumstances exist that make this

requirement clearly impracticable, the probation officer shall so

inform the court.

(b) The court shall disclose to both the defendant and the

attorney for the Government all portions of the presentence or

other report pertaining to the matters described in subsection (a)

of this section.

(c) The provisions of this chapter, chapter 227, and Rule 32(c)

of the Federal Rules of Criminal Procedure shall be the only rules

applicable to proceedings under this section.

(d)(1) Upon the request of the probation officer, but not later

than 60 days prior to the date initially set for sentencing, the

attorney for the Government, after consulting, to the extent

practicable, with all identified victims, shall promptly provide

the probation officer with a listing of the amounts subject to

restitution.

(2) The probation officer shall, prior to submitting the

presentence report under subsection (a), to the extent practicable

-

(A) provide notice to all identified victims of -

(i) the offense or offenses of which the defendant was

convicted;

(ii) the amounts subject to restitution submitted to the

probation officer;

(iii) the opportunity of the victim to submit information to

the probation officer concerning the amount of the victim's

losses;

(iv) the scheduled date, time, and place of the sentencing

hearing;

(v) the availability of a lien in favor of the victim

pursuant to subsection (m)(1)(B); and

(vi) the opportunity of the victim to file with the probation

officer a separate affidavit relating to the amount of the

victim's losses subject to restitution; and

(B) provide the victim with an affidavit form to submit

pursuant to subparagraph (A)(vi).

(3) Each defendant shall prepare and file with the probation

officer an affidavit fully describing the financial resources of

the defendant, including a complete listing of all assets owned or

controlled by the defendant as of the date on which the defendant

was arrested, the financial needs and earning ability of the

defendant and the defendant's dependents, and such other

information that the court requires relating to such other factors

as the court deems appropriate.

(4) After reviewing the report of the probation officer, the

court may require additional documentation or hear testimony. The

privacy of any records filed, or testimony heard, pursuant to this

section shall be maintained to the greatest extent possible, and

such records may be filed or testimony heard in camera.

(5) If the victim's losses are not ascertainable by the date that

is 10 days prior to sentencing, the attorney for the Government or

the probation officer shall so inform the court, and the court

shall set a date for the final determination of the victim's

losses, not to exceed 90 days after sentencing. If the victim

subsequently discovers further losses, the victim shall have 60

days after discovery of those losses in which to petition the court

for an amended restitution order. Such order may be granted only

upon a showing of good cause for the failure to include such losses

in the initial claim for restitutionary relief.

(6) The court may refer any issue arising in connection with a

proposed order of restitution to a magistrate judge or special

master for proposed findings of fact and recommendations as to

disposition, subject to a de novo determination of the issue by the

court.

(e) Any dispute as to the proper amount or type of restitution

shall be resolved by the court by the preponderance of the

evidence. The burden of demonstrating the amount of the loss

sustained by a victim as a result of the offense shall be on the

attorney for the Government. The burden of demonstrating the

financial resources of the defendant and the financial needs of the

defendant's dependents, shall be on the defendant. The burden of

demonstrating such other matters as the court deems appropriate

shall be upon the party designated by the court as justice

requires.

(f)(1)(A) In each order of restitution, the court shall order

restitution to each victim in the full amount of each victim's

losses as determined by the court and without consideration of the

economic circumstances of the defendant.

(B) In no case shall the fact that a victim has received or is

entitled to receive compensation with respect to a loss from

insurance or any other source be considered in determining the

amount of restitution.

(2) Upon determination of the amount of restitution owed to each

victim, the court shall, pursuant to section 3572, specify in the

restitution order the manner in which, and the schedule according

to which, the restitution is to be paid, in consideration of -

(A) the financial resources and other assets of the defendant,

including whether any of these assets are jointly controlled;

(B) projected earnings and other income of the defendant; and

(C) any financial obligations of the defendant; including

obligations to dependents.

(3)(A) A restitution order may direct the defendant to make a

single, lump-sum payment, partial payments at specified intervals,

in-kind payments, or a combination of payments at specified

intervals and in-kind payments.

(B) A restitution order may direct the defendant to make nominal

periodic payments if the court finds from facts on the record that

the economic circumstances of the defendant do not allow the

payment of any amount of a restitution order, and do not allow for

the payment of the full amount of a restitution order in the

foreseeable future under any reasonable schedule of payments.

(4) An in-kind payment described in paragraph (3) may be in the

form of -

(A) return of property;

(B) replacement of property; or

(C) if the victim agrees, services rendered to the victim or a

person or organization other than the victim.

(g)(1) No victim shall be required to participate in any phase of

a restitution order.

(2) A victim may at any time assign the victim's interest in

restitution payments to the Crime Victims Fund in the Treasury

without in any way impairing the obligation of the defendant to

make such payments.

(h) If the court finds that more than 1 defendant has contributed

to the loss of a victim, the court may make each defendant liable

for payment of the full amount of restitution or may apportion

liability among the defendants to reflect the level of contribution

to the victim's loss and economic circumstances of each defendant.

(i) If the court finds that more than 1 victim has sustained a

loss requiring restitution by a defendant, the court may provide

for a different payment schedule for each victim based on the type

and amount of each victim's loss and accounting for the economic

circumstances of each victim. In any case in which the United

States is a victim, the court shall ensure that all other victims

receive full restitution before the United States receives any

restitution.

(j)(1) If a victim has received compensation from insurance or

any other source with respect to a loss, the court shall order that

restitution be paid to the person who provided or is obligated to

provide the compensation, but the restitution order shall provide

that all restitution of victims required by the order be paid to

the victims before any restitution is paid to such a provider of

compensation.

(2) Any amount paid to a victim under an order of restitution

shall be reduced by any amount later recovered as compensatory

damages for the same loss by the victim in -

(A) any Federal civil proceeding; and

(B) any State civil proceeding, to the extent provided by the

law of the State.

(k) A restitution order shall provide that the defendant shall

notify the court and the Attorney General of any material change in

the defendant's economic circumstances that might affect the

defendant's ability to pay restitution. The court may also accept

notification of a material change in the defendant's economic

circumstances from the United States or from the victim. The

Attorney General shall certify to the court that the victim or

victims owed restitution by the defendant have been notified of the

change in circumstances. Upon receipt of the notification, the

court may, on its own motion, or the motion of any party, including

the victim, adjust the payment schedule, or require immediate

payment in full, as the interests of justice require.

(l) A conviction of a defendant for an offense involving the act

giving rise to an order of restitution shall estop the defendant

from denying the essential allegations of that offense in any

subsequent Federal civil proceeding or State civil proceeding, to

the extent consistent with State law, brought by the victim.

(m)(1)(A)(i) An order of restitution may be enforced by the

United States in the manner provided for in subchapter C of chapter

227 and subchapter B of chapter 229 of this title; or

(ii) by all other available and reasonable means.

(B) At the request of a victim named in a restitution order, the

clerk of the court shall issue an abstract of judgment certifying

that a judgment has been entered in favor of such victim in the

amount specified in the restitution order. Upon registering,

recording, docketing, or indexing such abstract in accordance with

the rules and requirements relating to judgments of the court of

the State where the district court is located, the abstract of

judgment shall be a lien on the property of the defendant located

in such State in the same manner and to the same extent and under

the same conditions as a judgment of a court of general

jurisdiction in that State.

(2) An order of in-kind restitution in the form of services shall

be enforced by the probation officer.

(n) If a person obligated to provide restitution, or pay a fine,

receives substantial resources from any source, including

inheritance, settlement, or other judgment, during a period of

incarceration, such person shall be required to apply the value of

such resources to any restitution or fine still owed.

(o) A sentence that imposes an order of restitution is a final

judgment notwithstanding the fact that -

(1) such a sentence can subsequently be -

(A) corrected under Rule 35 of the Federal Rules of Criminal

Procedure and section 3742 of chapter 235 of this title;

(B) appealed and modified under section 3742;

(C) amended under subsection (d)(5); or

(D) adjusted under section 3664(k), 3572, or 3613A; or

(2) the defendant may be resentenced under section 3565 or

3614.

(p) Nothing in this section or sections 2248, 2259, 2264, 2327,

3663, and 3663A and arising out of the application of such

sections, shall be construed to create a cause of action not

otherwise authorized in favor of any person against the United

States or any officer or employee of the United States.

-SOURCE-

(Added Pub. L. 97-291, Sec. 5(a), Oct. 12, 1982, 96 Stat. 1255,

Sec. 3580; renumbered Sec. 3664, Pub. L. 98-473, title II, Sec.

212(a)(1), Oct. 12, 1984, 98 Stat. 1987; amended Pub. L. 101-647,

title XXXV, Sec. 3596, Nov. 29, 1990, 104 Stat. 4931; Pub. L.

104-132, title II, Sec. 206(a), Apr. 24, 1996, 110 Stat. 1232; Pub.

L. 107-273, div. B, title IV, Sec. 4002(e)(1), Nov. 2, 2002, 116

Stat. 1810.)

-REFTEXT-

REFERENCES IN TEXT

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

(c) and (o)(1)(A), are set out in the Appendix to this title.

-MISC2-

AMENDMENTS

2002 - Subsec. (o)(1)(C). Pub. L. 107-273 substituted

''subsection (d)(5)'' for ''section 3664(d)(3)''.

1996 - Pub. L. 104-132 amended section generally, substituting

provisions relating to procedure for issuance and enforcement of

orders of restitution for provisions relating to procedure for

issuing orders of restitution.

1990 - Subsec. (a). Pub. L. 101-647 substituted ''3663'' for

''3579''.

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 with respect to offenses occurring after Jan.

1, 1983, see section 9(b)(2) of Pub. L. 97-291, set out as a note

under section 1512 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1593, 2248, 2259, 2264,

2327, 3556, 3563, 3613, 3663, 3663A of this title; title 21 section

853.

-CITE-

18 USC Sec. 3665 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 232 - MISCELLANEOUS SENTENCING PROVISIONS

-HEAD-

Sec. 3665. Firearms possessed by convicted felons

-STATUTE-

A judgment of conviction for transporting a stolen motor vehicle

in interstate or foreign commerce or for committing or attempting

to commit a felony in violation of any law of the United States

involving the use of threats, force, or violence or perpetrated in

whole or in part by the use of firearms, may, in addition to the

penalty provided by law for such offense, order the confiscation

and disposal of firearms and ammunition found in the possession or

under the immediate control of the defendant at the time of his

arrest.

The court may direct the delivery of such firearms or ammunition

to the law-enforcement agency which apprehended such person, for

its use or for any other disposition in its discretion.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 839, Sec. 3611; renumbered Sec.

3665, Pub. L. 98-473, title II, Sec. 212(a)(1), Oct. 12, 1984, 98

Stat. 1987.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 645 (June 13, 1939, ch.

197, 53 Stat. 814).

The condensation and simplification of this section clarifies its

intent to confiscate the firearms taken from persons convicted of

crimes of violence without any real change of substance.

-CITE-

18 USC Sec. 3666 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 232 - MISCELLANEOUS SENTENCING PROVISIONS

-HEAD-

Sec. 3666. Bribe moneys

-STATUTE-

Moneys received or tendered in evidence in any United States

Court, or before any officer thereof, which have been paid to or

received by any official as a bribe, shall, after the final

disposition of the case, proceeding or investigation, be deposited

in the registry of the court to be disposed of in accordance with

the order of the court, to be subject, however, to the provisions

of section 2042 of Title 28.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 840, Sec. 3612; May 24, 1949, ch.

139, Sec. 55, 63 Stat. 96; renumbered Sec. 3666, Pub. L. 98-473,

title II, Sec. 212(a)(1), Oct. 12, 1984, 98 Stat. 1987.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 18, U.S.C., 1940 ed., Sec. 570 (Jan. 7, 1925, ch.

33, 43 Stat. 726).

Changes were made in phraseology.

1949 ACT

This section (section 55) corrects section 3612 of title 18,

U.S.C., so that the reference in such section will be to the

correct section number in title 28, U.S.C., as revised and enacted

in 1948.

AMENDMENTS

1949 - Act May 24, 1949, substituted ''section 2042'' for

''section 852''.

-CITE-

18 USC Sec. 3667 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 232 - MISCELLANEOUS SENTENCING PROVISIONS

-HEAD-

Sec. 3667. Liquors and related property; definitions

-STATUTE-

All liquor involved in any violation of sections 1261-1265 of

this title, the containers of such liquor, and every vehicle or

vessel used in the transportation thereof, shall be seized and

forfeited and such property or its proceeds disposed of in

accordance with the laws relating to seizures, forfeitures, and

dispositions of property or proceeds, for violation of the

internal-revenue laws.

As used in this section, ''vessel'' includes every description of

watercraft used, or capable of being used, as a means of

transportation in water or in water and air; ''vehicle'' includes

animals and every description of carriage or other contrivance

used, or capable of being used, as a means of transportation on

land or through the air.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 840, Sec. 3615; renumbered Sec.

3667, Pub. L. 98-473, title II, Sec. 212(a)(1), Oct. 12, 1984, 98

Stat. 1987.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on sections 222 and 224 of title 27, U.S.C., 1940 ed.,

Intoxicating Liquors (June 25, 1936, ch. 815, Sec. 2, 4, 49 Stat.

1928).

Section consolidates sections 222 and 224 of title 27, U.S.C.,

1940 ed., with changes in phraseology and arrangement necessary to

effect the consolidation. Said section 222 is also incorporated in

section 1262 of this title.

Definition of ''State'' in section 222 of title 27 U.S.C., 1940

ed., as meaning and including ''every State, Territory, and

Possession of the United States,'' was omitted because the words

''Territory, District,'' and so forth, appear after ''State'' in

sections 1262, 1265, of this title, which are the only sections in

chapter 59, constituting sections 1261-1265 of this title, to which

such definition would have been applicable.

Changes made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

The internal-revenue laws, referred to in text, are classified

generally to Title 26, Internal Revenue Code.

-CITE-

18 USC Sec. 3668 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 232 - MISCELLANEOUS SENTENCING PROVISIONS

-HEAD-

Sec. 3668. Remission or mitigation of forfeitures under liquor

laws; possession pending trial

-STATUTE-

(a) Jurisdiction of court

Whenever, in any proceeding in court for the forfeiture, under

the internal-revenue laws, of any vehicle or aircraft seized for a

violation of the internal-revenue laws relating to liquors, such

forfeiture is decreed, the court shall have exclusive jurisdiction

to remit or mitigate the forfeiture.

(b) Conditions precedent to remission or mitigation

In any such proceeding the court shall not allow the claim of any

claimant for remission or mitigation unless and until he proves (1)

that he has an interest in such vehicle or aircraft, as owner or

otherwise, which he acquired in good faith, (2) that he had at no

time any knowledge or reason to believe that it was being or would

be used in the violation of laws of the United States or of any

State relating to liquor, and (3) if it appears that the interest

asserted by the claimant arises out of or is in any way subject to

any contract or agreement under which any person having a record or

reputation for violating laws of the United States or of any State

relating to liquor has a right with respect to such vehicle or

aircraft, that, before such claimant acquired his interest, or such

other person acquired his right under such contract or agreement,

whichever occurred later, the claimant, his officer or agent, was

informed in answer to his inquiry, at the headquarters of the

sheriff, chief of police, principal Federal internal-revenue

officer engaged in the enforcement of the liquor laws, or other

principal local or Federal law-enforcement officer of the locality

in which such other person acquired his right under such contract

or agreement, of the locality in which such other person then

resided, and of each locality in which the claimant has made any

other inquiry as to the character or financial standing of such

other person, that such other person had no such record or

reputation.

(c) Claimants first entitled to delivery

Upon the request of any claimant whose claim for remission or

mitigation is allowed and whose interest is first in the order of

priority among such claims allowed in such proceeding and is of an

amount in excess of, or equal to, the appraised value of such

vehicle or aircraft, the court shall order its return to him; and,

upon the joint request of any two or more claimants whose claims

are allowed and whose interests are not subject to any prior or

intervening interests claimed and allowed in such proceedings, and

are of a total amount in excess of, or equal to, the appraised

value of such vehicle or aircraft, the court shall order its return

to such of the joint requesting claimants as is designated in such

request. Such return shall be made only upon payment of all

expenses incident to the seizure and forfeiture incurred by the

United States. In all other cases the court shall order disposition

of such vehicle or aircraft as provided in section 1306 of title

40, and if such disposition be by public sale, payment from the

proceeds thereof, after satisfaction of all such expenses, of any

such claim in its order of priority among the claims allowed in

such proceedings.

(d) Delivery on bond pending trial

In any proceeding in court for the forfeiture under the

internal-revenue laws of any vehicle or aircraft seized for a

violation of the internal-revenue laws relating to liquor, the

court shall order delivery thereof to any claimant who shall

establish his right to the immediate possession thereof, and shall

execute, with one or more sureties approved by the court, and

deliver to the court, a bond to the United States for the payment

of a sum equal to the appraised value of such vehicle or aircraft.

Such bond shall be conditioned to return such vehicle or aircraft

at the time of the trial and to pay the difference between the

appraised value of such vehicle or aircraft as of the time it shall

have been so released on bond and the appraised value thereof as of

the time of trial; and conditioned further that, if the vehicle or

aircraft be not returned at the time of trial, the bond shall stand

in lieu of, and be forfeited in the same manner as, such vehicle or

aircraft. Notwithstanding this subsection or any other provisions

of law relating to the delivery of possession on bond of vehicles

or aircraft sought to be forfeited under the internal-revenue laws,

the court may, in its discretion and upon good cause shown by the

United States, refuse to order such delivery of possession.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 840, Sec. 3617; renumbered Sec.

3668, Pub. L. 98-473, title II, Sec. 212(a)(1), Oct. 12, 1984, 98

Stat. 1987; amended Pub. L. 107-217, Sec. 3(d), Aug. 21, 2002, 116

Stat. 1299.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 646 (Aug. 27, 1935, ch.

740, Sec. 204, 49 Stat. 878).

A minor change was made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

The internal-revenue laws relating to liquor, referred to in

subsecs. (a) and (d), are classified generally to chapter 51 (Sec.

5001 et seq.) of Title 26, Internal Revenue Code.

-MISC2-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-217 substituted ''section 1306 of

title 40'' for ''sections 304f-304m of Title 40''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3670 of this title.

-CITE-

18 USC Sec. 3669 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 232 - MISCELLANEOUS SENTENCING PROVISIONS

-HEAD-

Sec. 3669. Conveyances carrying liquor

-STATUTE-

Any conveyance, whether used by the owner or another in

introducing or attempting to introduce intoxicants into the Indian

country, or into other places where the introduction is prohibited

by treaty or enactment of Congress, shall be subject to seizure,

libel, and forfeiture.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 841, Sec. 3618; renumbered Sec.

3669, Pub. L. 98-473, title II, Sec. 212(a)(1), Oct. 12, 1984, 98

Stat. 1987.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 247 of title 25, U.S.C., 1940 ed., Indians (Mar.

2, 1917, ch. 146, Sec. 1, 39 Stat. 970).

Words ''Automobiles or any other vehicles or'' at beginning of

section were omitted, and ''any conveyance'' substituted to remove

possible ambiguity as to scope of section.

Words at conclusion of section ''provided in section 246 of this

title'' added nothing and were therefore omitted. (See also rule 41

of the Federal Rules of Criminal Procedure.)

Minor changes were made in arrangement and phraseology.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1161, 3670 of this title.

-CITE-

18 USC Sec. 3670 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 232 - MISCELLANEOUS SENTENCING PROVISIONS

-HEAD-

Sec. 3670. Disposition of conveyances seized for violation of the

Indian liquor laws

-STATUTE-

The provisions of section 3668 of this title shall apply to any

conveyances seized, proceeded against by libel, or forfeited under

the provisions of section 3113 or 3669 of this title for having

been used in introducing or attempting to introduce intoxicants

into the Indian country or into other places where such

introduction is prohibited by treaty or enactment of Congress.

-SOURCE-

(Added Oct. 24, 1951, ch. 546, Sec. 2, 65 Stat. 609, Sec. 3619;

renumbered Sec. 3670 and amended Pub. L. 98-473, title II, Sec.

212(a)(1), 223(k), Oct. 12, 1984, 98 Stat. 1987, 2029.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-473 renumbered section 3619 of this title as

this section and substituted ''3668'' for ''3617'' and ''3669'' for

''3618''.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 223(k) of Pub. L. 98-473 effective Nov. 1,

1987, and applicable only to offenses committed after the taking

effect of such amendment, see section 235(a)(1) of Pub. L. 98-473,

set out as an Effective Date note under section 3551 of this title.

-CITE-

18 USC Sec. 3671 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 232 - MISCELLANEOUS SENTENCING PROVISIONS

-HEAD-

Sec. 3671. Vessels carrying explosives and steerage passengers

-STATUTE-

The amount of any fine imposed upon the master of a steamship or

other vessel under the provisions of section 2278 of this title

shall be a lien upon such vessel, and such vessel may be libeled

therefor in the district court of the United States for any

district in which such vessel shall arrive or from which it shall

depart.

-SOURCE-

(Added Sept. 3, 1954, ch. 1263, Sec. 36, 68 Stat. 1239, Sec. 3620;

renumbered Sec. 3671, Pub. L. 98-473, title II, Sec. 212(a)(1),

Oct. 12, 1984, 98 Stat. 1987.)

-CITE-

18 USC Sec. 3672 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 232 - MISCELLANEOUS SENTENCING PROVISIONS

-HEAD-

Sec. 3672. Duties of Director of Administrative Office of the

United States Courts

-STATUTE-

The Director of the Administrative Office of the United States

Courts, or his authorized agent, shall investigate the work of the

probation officers and make recommendations concerning the same to

the respective judges and shall have access to the records of all

probation officers.

He shall collect for publication statistical and other

information concerning the work of the probation officers.

He shall prescribe record forms and statistics to be kept by the

probation officers and shall formulate general rules for the proper

conduct of the probation work.

He shall endeavor by all suitable means to promote the efficient

administration of the probation system and the enforcement of the

probation laws in all United States courts.

He shall, under the supervision and direction of the Judicial

Conference of the United States, fix the salaries of probation

officers and shall provide for their necessary expenses including

clerical service and travel expenses.

He shall incorporate in his annual report a statement concerning

the operation of the probation system in such courts.

He shall have the authority to contract with any appropriate

public or private agency or person for the detection of and care in

the community of an offender who is an alcohol-dependent person, an

addict or a drug-dependent person, or a person suffering from a

psychiatric disorder within the meaning of section 2 of the Public

Health Service Act. This authority shall include the authority to

provide equipment and supplies; testing; medical, educational,

social, psychological and vocational services; corrective and

preventative guidance and training; and other rehabilitative

services designed to protect the public and benefit the

alcohol-dependent person, addict or drug-dependent person, or a

person suffering from a psychiatric disorder by eliminating his

dependence on alcohol or addicting drugs, by controlling his

dependence and his susceptibility to addiction, or by treating his

psychiatric disorder. He may negotiate and award such contracts

without regard to section 3709 of the Revised Statutes of the

United States.

He shall pay for presentence studies and reports by qualified

consultants and presentence examinations and reports by psychiatric

or psychological examiners ordered by the court under subsection

(b) or (c) of section 3552, except for studies conducted by the

Bureau of Prisons.

Whenever the court finds that funds are available for payment by

or on behalf of a person furnished such services, training, or

guidance, the court may direct that such funds be paid to the

Director. Any moneys collected under this paragraph shall be used

to reimburse the appropriations obligated and disbursed in payment

for such services, training, or guidance.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 843, Sec. 3656; May 24, 1949, ch.

139, Sec. 57, 63 Stat. 97; renumbered Sec. 3672, Pub. L. 98-473,

title II, Sec. 212(a)(1), Oct. 12, 1984, 98 Stat. 1987; Pub. L.

99-570, title I, Sec. 1861(b)(1), Oct. 27, 1986, 100 Stat. 3207-53;

Pub. L. 99-646, Sec. 18(a), Nov. 10, 1986, 100 Stat. 3595; Pub. L.

100-182, Sec. 20, Dec. 7, 1987, 101 Stat. 1270.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 18, U.S.C., 1940 ed., Sec. 728 (Mar. 4, 1925, ch.

521, Sec. 4(a), as added June 6, 1930, ch. 406, Sec. 2, 46 Stat.

503).

The only change made in this section was the substitution of the

''Director of the Administrative Office of the United States

Courts'' for ''Attorney General''. (See reviser's note under

section 3654 of this title.)

1949 ACT

This amendment (see section 57) conforms the language of section

3656 of title 18, U.S.C., to that of title 28, U.S.C., section

604(a).

-REFTEXT-

REFERENCES IN TEXT

Section 2 of the Public Health Service Act, referred to in the

seventh undesignated par., is classified to section 201 of Title

42, The Public Health and Welfare.

Section 3709 of the Revised Statutes, referred to in the seventh

undesignated par., is classified to section 5 of Title 41, Public

Contracts.

-MISC2-

AMENDMENTS

1987 - Pub. L. 100-182, Sec. 20(1), amended seventh undesignated

par. generally. Prior to amendment, seventh undesignated par. read

as follows: ''He shall have the authority to contract with any

appropriate public or private agency or person for the detection of

and care in the community of an offender who is an

alcohol-dependent person, or an addict or a drug-dependent person

within the meaning of section 2 of the Public Health Service Act

(42 U.S.C. 201). This authority shall include the authority to

provide equipment and supplies; testing; medical, educational,

social, psychological, and vocational services; corrective and

preventive guidance and training; and other rehabilitative services

designed to protect the public and benefit the alcohol-dependent

person, addict, or drug-dependent person by eliminating his

dependence on alcohol or addicting drugs, or by controlling his

dependence and his susceptibility to addiction. He may negotiate

and award such contracts without regard to section 3709 of the

Revised Statutes (41 U.S.C. 5).''

Pub. L. 100-182, Sec. 20(2), added ninth undesignated par.:

''Whenever the court finds that funds are available for payment by

or on behalf of a person furnished such services, training, or

guidance, the court may direct that such funds be paid to the

Director. Any moneys collected under this paragraph shall be used

to reimburse the appropriations obligated and disbursed in payment

for such services, training, or guidance.''

1986 - Pub. L. 99-570 and Pub. L. 99-646 added substantially

identical seventh and eighth undesignated pars. containing

provision relating to authority to contract with any appropriate

public or private agency or person for the detection of and care in

the community of an offender who is an alcohol-dependent person, an

addict, or a drug-dependent person and provision relating to

payment for presentence studies and reports by qualified

consultants and presentence examinations and reports by psychiatric

and psychological examiners ordered by the court under section

3552(b) or (c).

1949 - Act May 24, 1949, inserted in fifth par. of section ''and

direction'' after ''supervision''.

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 18(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 redesignation (section 3656

of this title renumbered section 3672 effective Nov. 1, 1987).''

Section 1861(b)(2) of Pub. L. 99-570 provided that: ''The

amendment made by this section (probably should be ''subsection'',

amending this section) shall take effect on the date of the taking

effect of such redesignation (section 3656 of this title renumbered

section 3672 effective Nov. 1, 1987).''

AUTHORIZATION OF APPROPRIATIONS

Section 4(a) of Pub. L. 95-537, as amended by Pub. L. 98-236,

Sec. 2, Mar. 20, 1984, 98 Stat. 66; Pub. L. 99-570, title I, Sec.

1861(d), Oct. 27, 1986, 100 Stat. 3207-53; Pub. L. 100-690, title

VI, Sec. 6291, Nov. 18, 1988, 102 Stat. 4369; Pub. L. 101-421, Sec.

2, Oct. 12, 1990, 104 Stat. 909, provided that: ''To carry out the

purposes of this Act (amending sections 3651 and 4255 of this

title) and the 7th paragraph of section 3672 of title 18, United

States Code, there are authorized to be appropriated sums not to

exceed $3,500,000 for the fiscal year ending September 30, 1980;

$3,645,000 for the fiscal year ending September 30, 1981;

$3,750,000 for the fiscal year ending September 30, 1982;

$5,000,000 for the fiscal year ending September 30, 1984;

$5,500,000 for the fiscal year ending September 30, 1985;

$6,500,000 for the fiscal year ending September 30, 1986;

$12,000,000 for the fiscal year ending September 30, 1987;

$24,000,000 for the fiscal year ending September 30, 1988;

$26,000,000 for the fiscal year ending September 30, 1989;

$30,000,000 for the fiscal year ending September 30, 1990;

$40,000,000 for the fiscal year ending September 30, 1991; and

$45,000,000 for the fiscal year ending September 30, 1992.''

INCREASE IN COMPENSATION RATES

Increase in compensation rates fixed under this section, see note

under section 603 of Title 28, Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 4521.

-CITE-

18 USC Sec. 3673 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 232 - MISCELLANEOUS SENTENCING PROVISIONS

-HEAD-

Sec. 3673. Definitions for sentencing provisions

-STATUTE-

As used in chapters 227 and 229 -

(1) the term ''found guilty'' includes acceptance by a court of

a plea of guilty or nolo contendere;

(2) the term ''commission of an offense'' includes the

attempted commission of an offense, the consummation of an

offense, and any immediate flight after the commission of an

offense; and

(3) the term ''law enforcement officer'' means a public servant

authorized by law or by a government agency to engage in or

supervise the prevention, detection, investigation, or

prosecution of an offense.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(4), Oct. 12, 1984, 98

Stat. 2010; amended Pub. L. 99-646, Sec. 2(a), Nov. 10, 1986, 100

Stat. 3592.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-646 redesignated pars. (a) to (c) as (1) to

(3), respectively, and inserted ''the term'' after ''(1)'',

''(2)'', and ''(3)''.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 2(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 3673 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.

-CITE-