Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title: "18 U.S.C. § 3552"
description: "Presentence reports"
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title_name: "CRIMES AND CRIMINAL PROCEDURE"
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# 18 U.S.C. § 3552 - Presentence reports
## Text
(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 defendants 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.
(Added Pub. L. 98473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1988; amended Pub. L. 99646, § 7(a), Nov. 10, 1986, 100 Stat. 3593; Pub. L. 101647, title XXXVI, § 3625, Nov. 29, 1990, 104 Stat. 4965.)
## Notes
Editorial Notes
Amendments1990—Subsec. (d). Pub. L. 101647 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. 99646, § 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. 99646, § 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101647 effective 180 days after Nov. 29, 1990, see section 3631 of Pub. L. 101647, set out as an Effective Date note under section 3001 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1986 AmendmentPub. L. 99646, § 7(b), Nov. 10, 1986, 100 Stat. 3593, 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 DateSection 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. 98473, set out as a note under section 3551 of this title.
Use of Certain Technology To Facilitate Criminal ConductPub. L. 104294, title V, § 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.”
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# 18 U.S.C. § 3554 - Order of criminal forfeiture
## Text
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.
(Added Pub. L. 98473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1990.)
## Notes
Editorial Notes
References in TextThe Comprehensive Drug Abuse Prevention and Control Act of 1970, referred to in text, is Pub. L. 91513, Oct. 27, 1970, 84 Stat. 1236. Title II of this Act, known as the Controlled Substances Act, is classified principally to subchapter I (§ 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 (§ 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.
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 98473, set out as a note under section 3551 of this title.
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# 18 U.S.C. § 3555 - Order of notice to victims
## Text
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.
(Added Pub. L. 98473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1991.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 98473, set out as a note under section 3551 of this title.
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# 18 U.S.C. § 3556 - Order of restitution
## Text
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.
(Added Pub. L. 98473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1991; amended Pub. L. 99646, § 20(b), Nov. 10, 1986, 100 Stat. 3596; Pub. L. 104132, title II, § 202, Apr. 24, 1996, 110 Stat. 1227.)
## Notes
Editorial Notes
Amendments1996—Pub. L. 104132 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. 99646 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104132 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. 104132, set out as a note under section 2248 of this title.
Effective Date of 1986 AmendmentPub. L. 99646, § 20(c), Nov. 10, 1986, 100 Stat. 3596, 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. 98473, effective Nov. 1, 1987].”
Effective DateSection 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. 98473, set out as a note under section 3551 of this title.
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# 18 U.S.C. § 3557 - Review of a sentence
## Text
The review of a sentence imposed pursuant to section 3551 is governed by the provisions of section 3742.
(Added Pub. L. 98473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1991.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 98473, set out as a note under section 3551 of this title.
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# 18 U.S.C. § 3558 - Implementation of a sentence
## Text
The implementation of a sentence imposed pursuant to section 3551 is governed by the provisions of chapter 229.
(Added Pub. L. 98473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1991.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 98473, set out as a note under section 3551 of this title.
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# 18 U.S.C. § 3559 - Sentencing classification of offenses
## Text
(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 defendants 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.
(e) Mandatory Life Imprisonment for Repeated Sex Offenses Against Children.— (1) In general.— A person who is convicted of a Federal sex offense in which a minor is the victim shall be sentenced to life imprisonment if the person has a prior sex conviction in which a minor was the victim, unless the sentence of death is imposed.
(2) Definitions.— For the purposes of this subsection—
(A) the term “Federal sex offense” means an offense under section 1591 (relating to sex trafficking of children), 2241 (relating to aggravated sexual abuse), 2242 (relating to sexual abuse), 2244(a)(1) (relating to abusive sexual contact), 2245 (relating to sexual abuse resulting in death), 2251 (relating to sexual exploitation of children), 2251A (relating to selling or buying of children), 2422(b) (relating to coercion and enticement of a minor into prostitution), or 2423(a) (relating to transportation of minors);
(B) the term “State or Military sex offense” means an offense under State law or the Uniform Code of Military Justice that is punishable by more than one year in prison and consists of conduct that would be a Federal sex offense if, to the extent or in the manner specified in the applicable provision of this title—
(i) the offense involved interstate or foreign commerce, or the use of the mails; or
(ii) the conduct occurred in any commonwealth, territory, or possession of the United States, within the special maritime and territorial jurisdiction of the United States, in a Federal prison, on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States, or in the Indian country (as defined in section 1151);
(C) the term “prior sex conviction” means a conviction for which the sentence was imposed before the conduct occurred constituting the subsequent Federal sex offense, and which was for a Federal sex offense or a State or Military sex offense;
(D) the term “minor” means an individual who has not attained the age of 17 years; and
(E) the term “State” has the meaning given that term in subsection (c)(2).
(3) Nonqualifying Felonies.— An offense described in section 2422(b) or 2423(a) shall not serve as a basis for sentencing under this subsection if the defendant establishes by clear and convincing evidence that—
(A) the sexual act or activity was consensual and not for the purpose of commercial or pecuniary gain;
(B) the sexual act or activity would not be punishable by more than one year in prison under the law of the State in which it occurred; or
(C) no sexual act or activity occurred.
(f) Mandatory Minimum Terms of Imprisonment for Violent Crimes Against Children.— A person who is convicted of a Federal offense that is a crime of violence against the person of an individual who has not attained the age of 18 years shall, unless a greater mandatory minimum sentence of imprisonment is otherwise provided by law and regardless of any maximum term of imprisonment otherwise provided for the offense—
(1) if the crime of violence is murder, be imprisoned for life or for any term of years not less than 30, except that such person shall be punished by death or life imprisonment if the circumstances satisfy any of subparagraphs (A) through (D) of section 3591(a)(2) of this title;
(2) if the crime of violence is kidnapping (as defined in section 1201) or maiming (as defined in section 114), be imprisoned for life or any term of years not less than 25; and
(3) if the crime of violence results in serious bodily injury (as defined in section 1365), or if a dangerous weapon was used during and in relation to the crime of violence, be imprisoned for life or for any term of years not less than 10.
(g) (1) If a defendant who is convicted of a felony offense (other than offense of which an element is the false registration of a domain name) knowingly falsely registered a domain name and knowingly used that domain name in the course of that offense, the maximum imprisonment otherwise provided by law for that offense shall be doubled or increased by 7 years, whichever is less.
(2) As used in this section—
(A) the term “falsely registers” means registers in a manner that prevents the effective identification of or contact with the person who registers; and
(B) the term “domain name” has the meaning given that term is 11 So in original. Probably should be “in”. section 45 of the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes” approved July 5, 1946 (commonly referred to as the “Trademark Act of 1946”) (15 U.S.C. 1127).
(Added Pub. L. 98473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1991; amended Pub. L. 100185, § 5, Dec. 11, 1987, 101 Stat. 1279; Pub. L. 100690, title VII, § 7041, Nov. 18, 1988, 102 Stat. 4399; Pub. L. 103322, title VII, § 70001, Sept. 13, 1994, 108 Stat. 1982; Pub. L. 105314, title V, § 501, Oct. 30, 1998, 112 Stat. 2980; Pub. L. 105386, § 1(b), Nov. 13, 1998, 112 Stat. 3470; Pub. L. 10821, title I, § 106(a), Apr. 30, 2003, 117 Stat. 654; Pub. L. 108482, title II, § 204(a), Dec. 23, 2004, 118 Stat. 3917; Pub. L. 109248, title II, §§ 202, 206(c), July 27, 2006, 120 Stat. 612, 614; Pub. L. 118159, div. A, title V, § 569(6), Dec. 23, 2024, 138 Stat. 1906.)
## Notes
Editorial Notes
Amendments2024—Subsec. (e)(2)(B). Pub. L. 118159, § 569(6)(A), substituted “State or Military sex offense” for “State sex offense” and inserted “or the Uniform Code of Military Justice” after “State law” in introductory provisions. Subsec. (e)(2)(C). Pub. L. 118159, § 569(6)(B), inserted “or Military” after “State”. 2006—Subsec. (e)(2)(A). Pub. L. 109248, § 206(c), inserted “1591 (relating to sex trafficking of children),” after “under section”. Subsecs. (f), (g). Pub. L. 109248, § 202, added subsec. (f) and redesignated former subsec. (f) as (g). 2004—Subsec. (f). Pub. L. 108482 added subsec. (f). 2003—Subsec. (e). Pub. L. 10821 added subsec. (e). 1998—Subsec. (c)(2)(F)(i). Pub. L. 105386 inserted “firearms possession (as described in section 924(c));” after “firearms use;”. Subsec. (d). Pub. L. 105314 added subsec. (d). 1994—Subsec. (b). Pub. L. 103322, § 70001(1), substituted “Except as provided in subsection (c), an” for “An”. Subsec. (c). Pub. L. 103322, § 70001(2), added subsec. (c). 1988—Subsec. (a). Pub. L. 100690, § 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. 100690, § 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. 100185 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.”
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 98473, set out as a note under section 3551 of this title.
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# 18 U.S.C. § 3561 - Sentence of probation
## Text
(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.
(Added Pub. L. 98473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1992; amended Pub. L. 99646, § 10(a), Nov. 10, 1986, 100 Stat. 3593; Pub. L. 100182, § 7, Dec. 7, 1987, 101 Stat. 1267; Pub. L. 103322, title XXVIII, § 280004, title XXXII, § 320921(a), Sept. 13, 1994, 108 Stat. 2096, 2130; Pub. L. 104294, title VI, § 604(c)(1), Oct. 11, 1996, 110 Stat. 3509.)
## Notes
Editorial Notes
Prior ProvisionsFor a prior section 3561, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3551 of this title.
Amendments1996—Subsec. (b). Pub. L. 104294 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. 103322, § 280004, inserted before period at end “that is not a petty offense”. Subsecs. (b), (c). Pub. L. 103322, § 320921(a), added subsec. (b) and redesignated former subsec. (b) as (c). 1987—Subsec. (a)(1). Pub. L. 100182 inserted “and the defendant is an individual” after “Class B felony”. 1986—Subsec. (a). Pub. L. 99646 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.”
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104294, set out as a note under section 13 of this title.
Effective Date of 1987 AmendmentAmendment by Pub. L. 100182 applicable with respect to offenses committed after Dec. 7, 1987, see section 26 of Pub. L. 100182, set out as a note under section 3006A of this title.
Effective Date of 1986 AmendmentPub. L. 99646, § 10(b), Nov. 10, 1986, 100 Stat. 3593, 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 DateSection 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. 98473, set out as a note under section 3551 of this title.
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# 18 U.S.C. § 3562 - Imposition of a sentence of probation
## Text
(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.
(Added Pub. L. 98473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1992; amended Pub. L. 101647, title XXXV, § 3583, Nov. 29, 1990, 104 Stat. 4930.)
## Notes
Editorial Notes
References in TextThe Federal Rules of Criminal Procedure, referred to in subsec. (b)(2), are set out in the Appendix to this title.
Prior ProvisionsFor a prior section 3562, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3551 of this title.
Amendments1990—Subsec. (b)(2). Pub. L. 101647 inserted “of the Federal Rules of Criminal Procedure” after “rule 35”.
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 98473, set out as a note under section 3551 of this title.
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# 18 U.S.C. § 3564 - Running of a term of probation
## Text
(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.
(Added Pub. L. 98473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1994; amended Pub. L. 99646, § 13(a), Nov. 10, 1986, 100 Stat. 3594; Pub. L. 100182, § 11, Dec. 7, 1987, 101 Stat. 1268.)
## Notes
Editorial Notes
References in TextThe Federal Rules of Criminal Procedure, referred to in subsec. (c), are set out in the Appendix to this title.
Prior ProvisionsFor a prior section 3564, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3551 of this title.
Amendments1987—Subsec. (c). Pub. L. 100182 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. 99646 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1987 AmendmentAmendment by Pub. L. 100182 applicable with respect to offenses committed after Dec. 7, 1987, see section 26 of Pub. L. 100182, set out as a note under section 3006A of this title.
Effective Date of 1986 AmendmentPub. L. 99646, § 13(b), Nov. 10, 1986, 100 Stat. 3594, 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 DateSection 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. 98473, set out as a note under section 3551 of this title.
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# 18 U.S.C. § 3565 - Revocation of probation
## Text
(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); 11 See References in Text note below. 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 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.
(Added Pub. L. 98473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1995; amended Pub. L. 100690, title VI, § 6214, title VII, § 7303(a)(2), Nov. 18, 1988, 102 Stat. 4361, 4464; Pub. L. 101647, title XXXV, § 3585, Nov. 29, 1990, 104 Stat. 4930; Pub. L. 103322, title XI, § 110506, Sept. 13, 1994, 108 Stat. 2017; Pub. L. 107273, div. B, title II, § 2103(a), Nov. 2, 2002, 116 Stat. 1793.)
## Notes
Editorial Notes
References in TextThe 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. 103322, which was renumbered par. (5) by Pub. L. 104132, title II, § 203(1)(C), Apr. 24, 1996, 110 Stat. 1227.
Prior ProvisionsFor a prior section 3565, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3551 of this title.
Amendments2002—Subsec. (b)(4). Pub. L. 107273 added par. (4). 1994—Subsec. (a). Pub. L. 103322, § 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. 103322, § 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. 103322, § 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. 101647 substituted “or modifying” for “of modifying”. 1988—Subsec. (a). Pub. L. 100690, § 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. 100690, § 6214, added subsec. (b) and redesignated former subsec. (b) as (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1988 AmendmentAmendment by section 7303(a)(2) of Pub. L. 100690 applicable with respect to persons whose probation, supervised release, or parole begins after Dec. 31, 1988, see section 7303(d) of Pub. L. 100690, set out as a note under section 3563 of this title.
Effective DateSection 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. 98473, set out as a note under section 3551 of this title.
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# 18 U.S.C. § 3566 - Implementation of a sentence of probation
## Text
The implementation of a sentence of probation is governed by the provisions of subchapter A of chapter 229.
(Added Pub. L. 98473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1995.)
## Notes
Editorial Notes
Prior ProvisionsFor prior sections 3566 to 3570, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3551 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 98473, set out as a note under section 3551 of this title.
@@ -0,0 +1,83 @@
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# 18 U.S.C. § 3571 - Sentence of fine
## Text
(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.
(Added Pub. L. 98473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1995; amended Pub. L. 100185, § 6, Dec. 11, 1987, 101 Stat. 1280.)
## Notes
Editorial Notes
Prior ProvisionsFor a prior section 3571, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3551 of this title.
Amendments1987—Pub. L. 100185 amended section generally, revising and restating as subsecs. (a) to (e) provisions formerly contained in subsecs. (a) and (b).
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 98473, set out as a note under section 3551 of this title.
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# 18 U.S.C. § 3572 - Imposition of a sentence of fine and related matters
## Text
(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 defendants 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 defendants economic circumstances that might affect the defendants 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.
(Added Pub. L. 98473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1995; amended Pub. L. 100185, § 7, Dec. 11, 1987, 101 Stat. 1280; Pub. L. 101647, title XXXV, § 3587, Nov. 29, 1990, 104 Stat. 4930; Pub. L. 103322, title II, § 20403(a), Sept. 13, 1994, 108 Stat. 1825; Pub. L. 104132, title II, § 207(b), Apr. 24, 1996, 110 Stat. 1236.)
## Notes
Editorial Notes
References in TextThe Federal Rules of Criminal Procedure, referred to in subsec. (c)(2), are set out in the Appendix to this title.
Prior ProvisionsFor a prior section 3572, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3551 of this title.
Amendments1996—Subsec. (b). Pub. L. 104132, § 207(b)(1), inserted “other than the United States,” after “offense,”. Subsec. (d). Pub. L. 104132, § 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. 104132, § 207(b)(2)(C), added pars. (2) and (3). Subsec. (f). Pub. L. 104132, § 207(b)(3), inserted “restitution” after “special assessment,”. Subsec. (h). Pub. L. 104132, § 207(b)(4), inserted “or payment of restitution” after “A fine”. Subsec. (i). Pub. L. 104132, § 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. 103322 added par. (6) and redesignated former pars. (6) and (7) as (7) and (8), respectively. 1990—Subsec. (c)(2). Pub. L. 101647 inserted “of the Federal Rules of Criminal Procedure” after “rule 35”. 1987—Pub. L. 100185 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).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104132 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. 104132, set out as a note under section 2248 of this title.
Effective DateSection 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. 98473, set out as a note under section 3551 of this title.
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# 18 U.S.C. § 3573 - Petition of the Government for modification or remission
## Text
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.
(Added Pub. L. 98473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1997; amended Pub. L. 100185, § 8(a), Dec. 11, 1987, 101 Stat. 1282; Pub. L. 100690, title VII, § 7082(a), Nov. 18, 1988, 102 Stat. 4407.)
## Notes
Editorial Notes
Prior ProvisionsFor a prior section 3573, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3551 of this title.
Amendments1988—Pub. L. 100690 inserted at end “This section shall apply to all fines and assessments irrespective of the date of imposition.” 1987—Pub. L. 100185 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).
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 98473, set out as a note under section 3551 of this title.
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# 18 U.S.C. § 3574 - Implementation of a sentence of fine
## Text
The implementation of a sentence to pay a fine is governed by the provisions of subchapter B of chapter 229.
(Added Pub. L. 98473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1997.)
## Notes
Editorial Notes
Prior ProvisionsFor prior sections 3574 to 3580, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3551 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 98473, set out as a note under section 3551 of this title.
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# 18 U.S.C. § 3581 - Sentence of imprisonment
## Text
(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 defendants 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.
(Added Pub. L. 98473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1998.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 98473, set out as a note under section 3551 of this title.
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# 18 U.S.C. § 3582 - Imposition of a sentence of imprisonment
## Text
(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, or upon motion of the defendant after the defendant has fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendants behalf or the lapse of 30 days from the receipt of such a request by the warden of the defendants facility, whichever is earlier, 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) Notification Requirements.— (1) Terminal illness defined.— In this subsection, the term “terminal illness” means a disease or condition with an end-of-life trajectory.
(2) Notification.— The Bureau of Prisons shall, subject to any applicable confidentiality requirements—
(A) in the case of a defendant diagnosed with a terminal illness—
(i) not later than 72 hours after the diagnosis notify the defendants attorney, partner, and family members of the defendants condition and inform the defendants attorney, partner, and family members that they may prepare and submit on the defendants behalf a request for a sentence reduction pursuant to subsection (c)(1)(A);
(ii) not later than 7 days after the date of the diagnosis, provide the defendants partner and family members (including extended family) with an opportunity to visit the defendant in person;
(iii) upon request from the defendant or his attorney, partner, or a family member, ensure that Bureau of Prisons employees assist the defendant in the preparation, drafting, and submission of a request for a sentence reduction pursuant to subsection (c)(1)(A); and
(iv) not later than 14 days of receipt of a request for a sentence reduction submitted on the defendants behalf by the defendant or the defendants attorney, partner, or family member, process the request;
(B) in the case of a defendant who is physically or mentally unable to submit a request for a sentence reduction pursuant to subsection (c)(1)(A)—
(i) inform the defendants attorney, partner, and family members that they may prepare and submit on the defendants behalf a request for a sentence reduction pursuant to subsection (c)(1)(A);
(ii) accept and process a request for sentence reduction that has been prepared and submitted on the defendants behalf by the defendants attorney, partner, or family member under clause (i); and
(iii) upon request from the defendant or his attorney, partner, or family member, ensure that Bureau of Prisons employees assist the defendant in the preparation, drafting, and submission of a request for a sentence reduction pursuant to subsection (c)(1)(A); and
(C) ensure that all Bureau of Prisons facilities regularly and visibly post, including in prisoner handbooks, staff training materials, and facility law libraries and medical and hospice facilities, and make available to prisoners upon demand, notice of—
(i) a defendants ability to request a sentence reduction pursuant to subsection (c)(1)(A);
(ii) the procedures and timelines for initiating and resolving requests described in clause (i); and
(iii) the right to appeal a denial of a request described in clause (i) after all administrative rights to appeal within the Bureau of Prisons have been exhausted.
(3) Annual report.— Not later than 1 year after December 21, 2018, and once every year thereafter, the Director of the Bureau of Prisons shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on requests for sentence reductions pursuant to subsection (c)(1)(A), which shall include a description of, for the previous year—
(A) the number of prisoners granted and denied sentence reductions, categorized by the criteria relied on as the grounds for a reduction in sentence;
(B) the number of requests initiated by or on behalf of prisoners, categorized by the criteria relied on as the grounds for a reduction in sentence;
(C) the number of requests that Bureau of Prisons employees assisted prisoners in drafting, preparing, or submitting, categorized by the criteria relied on as the grounds for a reduction in sentence, and the final decision made in each request;
(D) the number of requests that attorneys, partners, or family members submitted on a defendants behalf, categorized by the criteria relied on as the grounds for a reduction in sentence, and the final decision made in each request;
(E) the number of requests approved by the Director of the Bureau of Prisons, categorized by the criteria relied on as the grounds for a reduction in sentence;
(F) the number of requests denied by the Director of the Bureau of Prisons and the reasons given for each denial, categorized by the criteria relied on as the grounds for a reduction in sentence;
(G) for each request, the time elapsed between the date the request was received by the warden and the final decision, categorized by the criteria relied on as the grounds for a reduction in sentence;
(H) for each request, the number of prisoners who died while their request was pending and, for each, the amount of time that had elapsed between the date the request was received by the Bureau of Prisons, categorized by the criteria relied on as the grounds for a reduction in sentence;
(I) the number of Bureau of Prisons notifications to attorneys, partners, and family members of their right to visit a terminally ill defendant as required under paragraph (2)(A)(ii) and, for each, whether a visit occurred and how much time elapsed between the notification and the visit;
(J) the number of visits to terminally ill prisoners that were denied by the Bureau of Prisons due to security or other concerns, and the reasons given for each denial; and
(K) the number of motions filed by defendants with the court after all administrative rights to appeal a denial of a sentence reduction had been exhausted, the outcome of each motion, and the time that had elapsed between the date the request was first received by the Bureau of Prisons and the date the defendant filed the motion with the court.
(e) 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.
(Added Pub. L. 98473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1998; amended Pub. L. 100690, title VII, § 7107, Nov. 18, 1988, 102 Stat. 4418; Pub. L. 101647, title XXXV, § 3588, Nov. 29, 1990, 104 Stat. 4930; Pub. L. 103322, title VII, § 70002, Sept. 13, 1994, 108 Stat. 1984; Pub. L. 104294, title VI, § 604(b)(3), Oct. 11, 1996, 110 Stat. 3506; Pub. L. 107273, div. B, title III, § 3006, Nov. 2, 2002, 116 Stat. 1806; Pub. L. 115391, title VI, § 603(b), Dec. 21, 2018, 132 Stat. 5239.)
## Notes
Editorial Notes
References in TextThe 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. (e), is Pub. L. 91513, Oct. 27, 1970, 84 Stat. 1236, which is classified principally to chapter 13 (§ 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.
Amendments2018—Subsec. (c)(1)(A). Pub. L. 115391, § 603(b)(1), in introductory provisions, inserted “or upon motion of the defendant after the defendant has fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendants behalf or the lapse of 30 days from the receipt of such a request by the warden of the defendants facility, whichever is earlier,” after “Bureau of Prisons,”. Subsecs. (d), (e). Pub. L. 115391, § 603(b)(2), (3), added subsec. (d) and redesignated former subsec. (d) as (e). 2002—Subsec. (c)(1)(A). Pub. L. 107273 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. 104294 inserted “or” after semicolon at end. 1994—Subsec. (c)(1)(A). Pub. L. 103322, 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. 101647 inserted “of the Federal Rules of Criminal Procedure” after “rule 35”. 1988—Subsec. (c)(2). Pub. L. 100690 substituted “994(o)” for “994(n)”.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104294, set out as a note under section 13 of this title.
Effective DateSection 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. 98473, set out as a note under section 3551 of this title.
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# 18 U.S.C. § 3584 - Multiple sentences of imprisonment
## Text
(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.
(Added Pub. L. 98473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2000.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 98473, set out as a note under section 3551 of this title.
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# 18 U.S.C. § 3585 - Calculation of a term of imprisonment
## Text
(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.
(Added Pub. L. 98473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2001.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 98473, set out as a note under section 3551 of this title.
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# 18 U.S.C. § 3586 - Implementation of a sentence of imprisonment
## Text
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.
(Added Pub. L. 98473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2001.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 98473, set out as a note under section 3551 of this title.