Authorizing Legislation-Attachement A2

§ 3551

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

Page 750

Section 3575, added Pub. L. 91–452, title X, § 1001(a),
Oct. 15, 1970, 84 Stat. 948, related to increased sentence
for dangerous special offenders.
Section 3576, added Pub. L. 91–452, title X, § 1001(a),
Oct. 15, 1970, 84 Stat. 950, related to review of sentence.
Section 3577 renumbered section 3661 of this title.
Section 3578 renumbered section 3662 of this title.
Section 3579 renumbered section 3663 of this title.
Section 3580 renumbered section 3664 of this title.

Acts of Congress applicable exclusively in the District of Columbia, referred to in subsec. (a), are classified generally to the District of Columbia Code.
The Uniform Code of Military Justice, referred to in
subsec. (a), is classified generally to chapter 47 (§ 801 et
seq.) of Title 10, Armed Forces.

SUBCHAPTER A—GENERAL PROVISIONS

1990—Subsec. (a). Pub. L. 101–647 inserted ‘‘including
sections 13 and 1153 of this title,’’ after ‘‘any Federal
statute,’’.

SUBCHAPTER A—GENERAL PROVISIONS 1
Authorized sentences.
Presentence reports.
Imposition of a sentence.
Order of criminal forfeiture.
Order of notice to victims.
Order of restitution.
Review of a sentence.
Implementation of a sentence.
Sentencing classification of offenses.
AMENDMENTS
1994—Pub. L. 103–322, title XXXIII, § 330010(3), Sept. 13,
1994, 108 Stat. 2143, transferred analysis for this subchapter to follow heading of this subchapter.

§ 3551. Authorized sentences
(a) IN GENERAL.—Except as otherwise specifically provided, a defendant who has been found
guilty of an offense described in any Federal
statute, including sections 13 and 1153 of this
title, other than an Act of Congress applicable
exclusively in the District of Columbia or the
Uniform Code of Military Justice, shall be sentenced in accordance with the provisions of this
chapter so as to achieve the purposes set forth
in subparagraphs (A) through (D) of section
3553(a)(2) to the extent that they are applicable
in light of all the circumstances of the case.
(b) INDIVIDUALS.—An individual found guilty of
an offense shall be sentenced, in accordance
with the provisions of section 3553, to—
(1) a term of probation as authorized by subchapter B;
(2) a fine as authorized by subchapter C; or
(3) a term of imprisonment as authorized by
subchapter D.
A sentence to pay a fine may be imposed in addition to any other sentence. A sanction authorized by section 3554, 3555, or 3556 may be imposed
in addition to the sentence required by this subsection.
(c) ORGANIZATIONS.—An organization found
guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to—
(1) a term of probation as authorized by subchapter B; or
(2) a fine as authorized by subchapter C.
A sentence to pay a fine may be imposed in addition to a sentence to probation. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by
this subsection.
(Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12,
1984, 98 Stat. 1988; amended Pub. L. 101–647, title
XVI, § 1602, Nov. 29, 1990, 104 Stat. 4843.)
1 So

AMENDMENTS

EFFECTIVE DATE; SAVINGS PROVISION

Sec.

3551.
3552.
3553.
3554.
3555.
3556.
3557.
3558.
3559.

REFERENCES IN TEXT

in original. Probably should not appear.

Pub. L. 98–473, title II, § 235, Oct. 12, 1984, 98 Stat. 2031,
as amended by Pub. L. 99–217, §§ 2, 4, Dec. 26, 1985, 99
Stat. 1728; Pub. L. 99–646, § 35, Nov. 10, 1986, 100 Stat.
3599; Pub. L. 100–182, § 2, Dec. 7, 1987, 101 Stat. 1266; Pub.
L. 104–232, § 4, Oct. 2, 1996, 110 Stat. 3056, provided that:
‘‘(a)(1) This chapter [chapter II (§§ 211–239) of title II
of Pub. L. 98–473, see Tables for classification] shall
take effect on the first day of the first calendar month
beginning 36 months after the date of enactment [Oct.
12, 1984] and shall apply only to offenses committed
after the taking effect of this chapter, except that—
‘‘(A) the repeal of chapter 402 of title 18, United
States Code, shall take effect on the date of enactment [Oct. 12, 1984];
‘‘(B)(i) chapter 58 of title 28, United States Code,
shall take effect on the date of enactment of this Act
[Oct. 12, 1984] or October 1, 1983, whichever occurs
later, and the United States Sentencing Commission
shall submit the initial sentencing guidelines promulgated under section 994(a)(1) of title 28 to the Congress within 30 months of the effective date of such
chapter 58; and
‘‘(ii) the sentencing guidelines promulgated pursuant to section 994(a)(1) shall not go into effect until—
‘‘(I) the United States Sentencing Commission
has submitted the initial set of sentencing guidelines to the Congress pursuant to subparagraph
(B)(i), along with a report stating the reasons for
the Commission’s recommendations;
‘‘(II) the General Accounting Office [now Government Accountability Office] has undertaken a
study of the guidelines, and their potential impact
in comparison with the operation of the existing
sentencing and parole release system, and has,
within one hundred and fifty days of submission of
the guidelines, reported to the Congress the results
of its study; and
‘‘(III) the day after the Congress has had six
months after the date described in subclause (I) in
which to examine the guidelines and consider the
reports; and
‘‘(IV) section 212(a)(2) [enacting chapters 227 and
229 of this title and repealing former chapters 227,
229, and 231 of this title] takes effect, in the case of
the initial sentencing guidelines so promulgated.
‘‘(2) For the purposes of section 992(a) of title 28, the
terms of the first members of the United States Sentencing Commission shall not begin to run until the
sentencing guidelines go into effect pursuant to paragraph (1)(B)(ii).
‘‘(b)(1) The following provisions of law in effect on
the day before the effective date of this Act shall remain in effect for five years after the effective date as
to an individual who committed an offense or an act of
juvenile delinquency before the effective date and as to
a term of imprisonment during the period described in
subsection (a)(1)(B):
‘‘(A) Chapter 311 of title 18, United States Code.
‘‘(B) Chapter 309 of title 18, United States Code.
‘‘(C) Sections 4251 through 4255 of title 18, United
States Code.
‘‘(D) Sections 5041 and 5042 of title 18, United States
Code.
‘‘(E) Sections 5017 through 5020 of title 18, United
States Code, as to a sentence imposed before the date
of enactment [Oct. 12, 1984].

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TITLE 18—CRIMES AND CRIMINAL PROCEDURE

‘‘(F) The maximum term of imprisonment in effect
on the effective date for an offense committed before
the effective date.
‘‘(G) Any other law relating to a violation of a condition of release or to arrest authority with regard to
a person who violates a condition of release.
‘‘[(2) Repealed. Pub. L. 104–232, § 4, Oct. 2, 1996, 110
Stat. 3056.]
‘‘(3) The United States Parole Commission shall set a
release date, for an individual who will be in its jurisdiction the day before the expiration of five years after
the effective date of this Act, pursuant to section 4206
of title 18, United States Code. A release date set pursuant to this paragraph shall be set early enough to permit consideration of an appeal of the release date, in
accordance with Parole Commission procedures, before
the expiration of five years following the effective date
of this Act.
‘‘(4) Notwithstanding the other provisions of this subsection, all laws in effect on the day before the effective date of this Act pertaining to an individual who
is—
‘‘(A) released pursuant to a provision listed in paragraph (1); and
‘‘(B)(i) subject to supervision on the day before the
expiration of the five-year period following the effective date of this Act; or
‘‘(ii) released on a date set pursuant to paragraph
(3);
including laws pertaining to terms and conditions of release, revocation of release, provision of counsel, and
payment of transportation costs, shall remain in effect
as to the individual until the expiration of his sentence, except that the district court shall determine, in
accord with the Federal Rules of Criminal Procedure,
whether release should be revoked or the conditions of
release amended for violation of a condition of release.
‘‘(5) Notwithstanding the provisions of section 991 of
title 28, United States Code, and sections 4351 and 5002
of title 18, United States Code, the Chairman of the
United States Parole Commission or his designee shall
be a member of the National Institute of Corrections,
and the Chairman of the United States Parole Commission shall be a member of the Advisory Corrections
Council and a nonvoting member of the United States
Sentencing Commission, ex officio, until the expiration
of the five-year period following the effective date of
this Act. Notwithstanding the provisions of section 4351
of title 18, during the five-year period the National Institute of Corrections shall have seventeen members,
including seven ex officio members. Notwithstanding
the provisions of section 991 of title 28, during the fiveyear period the United States Sentencing Commission
shall consist of nine members, including two ex officio,
nonvoting members.’’
[Pub. L. 104–232, § 3(b)(2), Oct. 2, 1996, 110 Stat. 3056,
provided that: ‘‘Effective on the date the plan [alternative plan by Attorney General for transfer of United
States Parole Commission’s functions to another entity within Department of Justice pursuant to section
3 of Pub. L. 104–232, set out as a note under section 4201
of this title] takes effect, paragraphs (3) and (4) of section 235(b) of the Sentencing Reform Act of 1984 [Pub.
L. 98–473, set out above] (98 Stat. 2032) are repealed.’’]
[Pub. L. 115–274, § 2, Oct. 31, 2018, 132 Stat. 4160, provided that: ‘‘For purposes of section 235(b) of the Sentencing Reform Act of 1984 (18 U.S.C. 3551 note; Public
Law 98–473; 98 Stat. 2032), as such section relates to
chapter 311 of title 18, United States Code, and the
United States Parole Commission, each reference in
such section to ‘31 years’ or ‘31-year period’ shall be
deemed a reference to ‘33 years’ or ‘33-year period’, respectively.’’]
[Pub. L. 113–47, § 2, Oct. 31, 2013, 127 Stat. 572, provided
that: ‘‘For purposes of section 235(b) of the Sentencing
Reform Act of 1984 (18 U.S.C. 3551 note; Public Law
98–473; 98 Stat. 2032), as such section relates to chapter
311 of title 18, United States Code, and the United
States Parole Commission, each reference in such section to ‘26 years’ or ‘26-year period’ shall be deemed a

§ 3551

reference to ‘31 years’ or ‘31-year period’, respectively.’’]
[Pub. L. 112–44, § 2, Oct. 21, 2011, 125 Stat. 532, provided
that: ‘‘For purposes of section 235(b) of the Sentencing
Reform Act of 1984 (18 U.S.C. 3551 note; Public Law
98–473; 98 Stat. 2032), as such section relates to chapter
311 of title 18, United States Code, and the United
States Parole Commission, each reference in such section to ‘24 years’ or ‘24-year period’ shall be deemed a
reference to ‘26 years’ or ‘26-year period’, respectively.’’]
[Pub. L. 110–312, § 2, Aug. 12, 2008, 122 Stat. 3013, provided that: ‘‘For purposes of section 235(b) of the Sentencing Reform Act of 1984 (18 U.S.C. 3551 note; Public
Law 98–473; 98 Stat. 2032), as such section relates to
chapter 311 of title 18, United States Code, and the
United States Parole Commission, each reference in
such section to ‘21 years’ or ‘21-year period’ shall be
deemed a reference to ‘24 years’ or ‘24-year period’, respectively.’’]
[Pub. L. 109–76, § 2, Sept. 29, 2005, 119 Stat. 2035, provided that: ‘‘For purposes of section 235(b) of the Sentencing Reform Act of 1984 [Pub. L. 98–473, set out
above] (98 Stat. 2032) as such section relates to chapter
311 of title 18, United States Code, and the United
States Parole Commission, each reference in such section to ‘eighteen years’ or ‘eighteen-year period’ shall
be deemed a reference to ‘21 years’ or ‘21-year period’,
respectively.’’]
[For purposes of section 235(b) of Pub. L. 98–473, set
out above, as it relates to chapter 311 of this title and
the Parole Commission, references to ‘‘fifteen years’’ or
‘‘fifteen-year period’’ are deemed to be references to
‘‘eighteen years’’ or ‘‘eighteen-year period’’, respectively, see section 11017(a) of Pub. L. 107–273, set out as
a note under section 4202 of this title.]
[For purposes of section 235(b) of Pub. L. 98–473, set
out above, as it relates to chapter 311 of this title and
the Parole Commission, references to ‘‘ten years’’ or
‘‘ten-year period’’ are deemed to be references to ‘‘fifteen years’’ or ‘‘fifteen-year period’’, respectively, see
section 2(a) of Pub. L. 104–232, set out as a note under
section 4201 of this title.]
[Pub. L. 101–650, title III, § 316, Dec. 1, 1990, 104 Stat.
5115, provided that: ‘‘For the purposes of section 235(b)
of Public Law 98–473 [set out above] as it relates to
chapter 311 of title 18, United States Code, and the
United States Parole Commission, each reference in
such section to ‘five years’ or a ‘five-year period’ shall
be deemed a reference to ‘ten years’ or a ‘ten-year period’, respectively.’’]
SHORT TITLE OF 2008 AMENDMENT
Pub. L. 110–312, § 1, Aug. 12, 2008, 122 Stat. 3013, provided that: ‘‘This Act [enacting provisions set out as a
note under this section] may be cited as the ‘United
States Parole Commission Extension Act of 2008’.’’
SHORT TITLE OF 2005 AMENDMENT
Pub. L. 109–76, § 1, Sept. 29, 2005, 119 Stat. 2035, provided that: ‘‘This Act [enacting provisions set out as a
note under this section and enacting provisions listed
in a table relating to sentencing guidelines set out as
a note under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘United States Parole Commission Extension and Sentencing Commission Authority Act of 2005’.’’
SHORT TITLE OF 1996 AMENDMENT
Pub. L. 104–132, title II, § 201, Apr. 24, 1996, 110 Stat.
1227, provided that: ‘‘This subtitle [subtitle A
(§§ 201–211) of title II of Pub. L. 104–132, enacting sections 3613A and 3663A of this title, amending sections
2248, 2259, 2264, 2327, 3013, 3556, 3563, 3572, 3611 to 3613,
3614, 3663, and 3664 of this title and Rule 32 of the Federal Rules of Criminal Procedure set out in the Appendix to this title, and enacting provisions set out as
notes under this section, section 2248 of this title, and
section 994 of Title 28, Judiciary and Judicial Proce-

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TITLE 18—CRIMES AND CRIMINAL PROCEDURE

dure] may be cited as the ‘Mandatory Victims Restitution Act of 1996’.’’
SHORT TITLE OF 1987 AMENDMENT
Pub. L. 100–182, § 1, Dec. 7, 1987, 101 Stat. 1266, provided
that: ‘‘This Act [amending sections 3006A, 3553, 3561,
3563, 3564, 3583, 3663, 3672, 3742, and 4106 of this title, section 994 of Title 28, Judiciary and Judicial Procedure,
and sections 504 and 1111 of Title 29, Labor, enacting
provisions set out as notes under sections 3006A and
3553 of this title, rule 35 of the Federal Rules of Criminal Procedure, set out in the Appendix to this title, and
section 994 of Title 28, and amending provisions set out
as a note under this section] may be cited as the ‘Sentencing Act of 1987’.’’
SHORT TITLE OF 1985 AMENDMENT
Pub. L. 99–217, § 1, Dec. 26, 1985, 99 Stat. 1728, provided
that: ‘‘This Act [amending section 994 of Title 28, Judiciary and Judicial Procedure, and provisions set out as
a note under this section] may be cited as the ‘Sentencing Reform Amendments Act of 1985’.’’
SHORT TITLE
Pub. L. 98–473, title II, § 211, Oct. 12, 1984, 98 Stat. 1987,
provided that: ‘‘This chapter [chapter II (§§ 211–239) of
title II of Pub. L. 98–473, see Tables for classification]
may be cited as the ‘Sentencing Reform Act of 1984’.’’
MANDATORY VICTIM RESTITUTION; PROMULGATION OF
REGULATIONS BY ATTORNEY GENERAL
Pub. L. 104–132, title II, § 209, Apr. 24, 1996, 110 Stat.
1240, provided that: ‘‘Not later than 90 days after the
date of enactment of this subtitle [Apr. 24, 1996], the
Attorney General shall promulgate guidelines, or
amend existing guidelines, to carry out this subtitle
[subtitle A (§§ 201–211) of title II of Pub. L. 104–132, see
Short Title of 1996 Amendment note set out above] and
the amendments made by this subtitle and to ensure
that—
‘‘(1) in all plea agreements negotiated by the United
States, consideration is given to requesting that the
defendant provide full restitution to all victims of all
charges contained in the indictment or information,
without regard to the counts to which the defendant
actually pleaded; and
‘‘(2) orders of restitution made pursuant to the
amendments made by this subtitle are enforced to
the fullest extent of the law.’’
SENTENCING OF NONVIOLENT AND NONSERIOUS
OFFENDERS; SENSE OF CONGRESS
Pub. L. 98–473, title II, § 239, Oct. 12, 1984, 98 Stat. 2039,
provided that:
‘‘Since, due to an impending crisis in prison overcrowding, available Federal prison space must be treated as a scarce resource in the sentencing of criminal
defendants;
‘‘Since, sentencing decisions should be designed to
ensure that prison resources are, first and foremost, reserved for those violent and serious criminal offenders
who pose the most dangerous threat to society;
‘‘Since, in cases of nonviolent and nonserious offenders, the interests of society as a whole as well as individual victims of crime can continue to be served
through the imposition of alternative sentences, such
as restitution and community service;
‘‘Since, in the two years preceding the enactment of
sentencing guidelines, Federal sentencing practice
should ensure that scarce prison resources are available
to house violent and serious criminal offenders by the
increased use of restitution, community service, and
other alternative sentences in cases of nonviolent and
nonserious offenders: Now, therefore, be it
‘‘Declared, That it is the sense of the Senate that in
the two years preceding the enactment of the sentencing guidelines, Federal judges, in determining the particular sentence to be imposed, consider—
‘‘(1) the nature and circumstances of the offense
and the history and characteristics of the defendant;

Page 752

‘‘(2) the general appropriateness of imposing a sentence other than imprisonment in cases in which the
defendant has not been convicted of a crime of violence or otherwise serious offense; and
‘‘(3) the general appropriateness of imposing a sentence of imprisonment in cases in which the defendant has been convicted of a crime of violence or
otherwise serious offense.’’

§ 3552. Presentence reports
(a) PRESENTENCE INVESTIGATION AND REPORT
PROBATION OFFICER.—A United States probation officer shall make a presentence investigation of a defendant that is required pursuant to
the provisions of Rule 32(c) of the Federal Rules
of Criminal Procedure, and shall, before the imposition of sentence, report the results of the investigation to the court.
(b) PRESENTENCE STUDY AND REPORT BY BUREAU OF PRISONS.—If the court, before or after
its receipt of a report specified in subsection (a)
or (c), desires more information than is otherwise available to it as a basis for determining
the sentence to be imposed on a defendant found
guilty of a misdemeanor or felony, it may order
a study of the defendant. The study shall be conducted in the local community by qualified consultants unless the sentencing judge finds that
there is a compelling reason for the study to be
done by the Bureau of Prisons or there are no
adequate professional resources available in the
local community to perform the study. The period of the study shall be no more than sixty
days. The order shall specify the additional information that the court needs before determining the sentence to be imposed. Such an order
shall be treated for administrative purposes as a
provisional sentence of imprisonment for the
maximum term authorized by section 3581(b) for
the offense committed. The study shall inquire
into such matters as are specified by the court
and any other matters that the Bureau of Prisons or the professional consultants believe are
pertinent to the factors set forth in section
3553(a). The period of the study may, in the discretion of the court, be extended for an additional period of not more than sixty days. By
the expiration of the period of the study, or by
the expiration of any extension granted by the
court, the United States marshal shall, if the defendant is in custody, return the defendant to
the court for final sentencing. The Bureau of
Prisons or the professional consultants shall
provide the court with a written report of the
pertinent results of the study and make to the
court whatever recommendations the Bureau or
the consultants believe will be helpful to a proper resolution of the case. The report shall include recommendations of the Bureau or the
consultants concerning the guidelines and policy statements, promulgated by the Sentencing
Commission pursuant to 28 U.S.C. 994(a), that
they believe are applicable to the defendant’s
case. After receiving the report and the recommendations, the court shall proceed finally to
sentence the defendant in accordance with the
sentencing alternatives and procedures available
under this chapter.
(c) PRESENTENCE EXAMINATION AND REPORT BY
PSYCHIATRIC OR PSYCHOLOGICAL EXAMINERS.—If
the court, before or after its receipt of a report
specified in subsection (a) or (b) desires more inBY

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TITLE 18—CRIMES AND CRIMINAL PROCEDURE

formation 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. 98–473, title II, § 212(a)(2), Oct. 12,
1984, 98 Stat. 1988; amended Pub. L. 99–646, § 7(a),
Nov. 10, 1986, 100 Stat. 3593; Pub. L. 101–647, title
XXXVI, § 3625, Nov. 29, 1990, 104 Stat. 4965.)
AMENDMENTS
1990—Subsec. (d). Pub. L. 101–647 inserted at end ‘‘The
court shall provide a copy of the presentence report to
the attorney for the Government to use in collecting an
assessment, criminal fine, forfeiture or restitution imposed.’’
1986—Subsec. (b). Pub. L. 99–646, § 7(a)(1), (2), substituted ‘‘study shall be’’ for ‘‘study shall take’’ and inserted ‘‘, if the defendant is in custody,’’ after ‘‘United
States marshal shall’’.
Subsec. (c). Pub. L. 99–646, § 7(a)(3), substituted ‘‘the
court may order the same psychiatric or psychological
examination and report thereon as may be ordered
under section 4244(b) of this title’’ for ‘‘it may order
that the defendant undergo a psychiatric or psychological examination and that the court be provided
with a written report of the results of the examination
pursuant to the provisions of section 4247’’.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–647 effective 180 days after
Nov. 29, 1990, see section 3631 of Pub. L. 101–647, set out
as an Effective Date note under section 3001 of Title 28,
Judiciary and Judicial Procedure.
EFFECTIVE DATE OF 1986 AMENDMENT
Pub. L. 99–646, § 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 DATE
Section effective Nov. 1, 1987, and applicable only to
offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98–473, set out as a
note under section 3551 of this title.
USE OF CERTAIN TECHNOLOGY TO FACILITATE CRIMINAL
CONDUCT
Pub. L. 104–294, title V, § 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—

§ 3553

‘‘(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.’’

§ 3553. Imposition of a sentence
(a) FACTORS TO BE CONSIDERED IN IMPOSING A
SENTENCE.—The court shall impose a sentence
sufficient, but not greater than necessary, to
comply with the purposes set forth in paragraph
(2) of this subsection. The court, in determining
the particular sentence to be imposed, shall consider—
(1) the nature and circumstances of the offense and the history and characteristics of
the defendant;
(2) the need for the sentence imposed—
(A) to reflect the seriousness of the offense, to promote respect for the law, and to
provide just punishment for the offense;
(B) to afford adequate deterrence to criminal conduct;
(C) to protect the public from further
crimes of the defendant; and
(D) to provide the defendant with needed
educational or vocational training, medical
care, or other correctional treatment in the
most effective manner;
(3) the kinds of sentences available;
(4) the kinds of sentence and the sentencing
range established for—
(A) the applicable category of offense committed by the applicable category of defendant as set forth in the guidelines—
(i) issued by the Sentencing Commission
pursuant to section 994(a)(1) of title 28,
United States Code, subject to any amendments made to such guidelines by act of
Congress (regardless of whether such
amendments have yet to be incorporated
by the Sentencing Commission into
amendments issued under section 994(p) of
title 28); and
(ii) that, except as provided in section
3742(g), are in effect on the date the defendant is sentenced; or
(B) in the case of a violation of probation
or supervised release, the applicable guidelines or policy statements issued by the Sentencing Commission pursuant to section
994(a)(3) of title 28, United States Code, taking into account any amendments made to
such guidelines or policy statements by act
of Congress (regardless of whether such
amendments have yet to be incorporated by
the Sentencing Commission into amendments issued under section 994(p) of title 28);
(5) any pertinent policy statement—
(A) issued by the Sentencing Commission
pursuant to section 994(a)(2) of title 28,
United States Code, subject to any amendments made to such policy statement by act
of Congress (regardless of whether such
amendments have yet to be incorporated by
the Sentencing Commission into amend-

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TITLE 18—CRIMES AND CRIMINAL PROCEDURE

ments issued under section 994(p) of title 28);
and
(B) that, except as provided in section
3742(g), is in effect on the date the defendant
is sentenced.1

(III) should result in a sentence different from that described; or
(iii) the court finds, on motion of the
Government, that the defendant has provided substantial assistance in the investigation or prosecution of another person
who has committed an offense and that
this assistance established a mitigating
circumstance of a kind, or to a degree, not
adequately taken into consideration by
the Sentencing Commission in formulating
the guidelines that should result in a sentence lower than that described.

(6) the need to avoid unwarranted sentence
disparities among defendants with similar
records who have been found guilty of similar
conduct; and
(7) the need to provide restitution to any
victims of the offense.
(b) APPLICATION OF GUIDELINES IN IMPOSING A
SENTENCE.—
(1) IN GENERAL.—Except as provided in paragraph (2), the court shall impose a sentence of
the kind, and within the range, referred to in
subsection (a)(4) unless the court finds that
there exists an aggravating or mitigating circumstance of a kind, or to a degree, not adequately taken into consideration by the Sentencing Commission in formulating the guidelines that should result in a sentence different
from that described. In determining whether a
circumstance was adequately taken into consideration, the court shall consider only the
sentencing guidelines, policy statements, and
official commentary of the Sentencing Commission. In the absence of an applicable sentencing guideline, the court shall impose an
appropriate sentence, having due regard for
the purposes set forth in subsection (a)(2). In
the absence of an applicable sentencing guideline in the case of an offense other than a
petty offense, the court shall also have due regard for the relationship of the sentence imposed to sentences prescribed by guidelines applicable to similar offenses and offenders, and
to the applicable policy statements of the Sentencing Commission.
(2) CHILD CRIMES AND SEXUAL OFFENSES.—
(A) 2 SENTENCING.—In sentencing a defendant convicted of an offense under section
1201 involving a minor victim, an offense
under section 1591, or an offense under chapter 71, 109A, 110, or 117, the court shall impose a sentence of the kind, and within the
range, referred to in subsection (a)(4) unless—
(i) the court finds that there exists an
aggravating circumstance of a kind, or to
a degree, not adequately taken into consideration by the Sentencing Commission
in formulating the guidelines that should
result in a sentence greater than that described;
(ii) the court finds that there exists a
mitigating circumstance of a kind or to a
degree, that—
(I) has been affirmatively and specifically identified as a permissible ground
of downward departure in the sentencing
guidelines or policy statements issued
under section 994(a) of title 28, taking account of any amendments to such sentencing guidelines or policy statements
by Congress;
(II) has not been taken into consideration by the Sentencing Commission in
formulating the guidelines; and
1 So
2 So

in original. The period probably should be a semicolon.
in original. No subpar. (B) has been enacted.

Page 754

In determining whether a circumstance was adequately taken into consideration, the court
shall consider only the sentencing guidelines,
policy statements, and official commentary of
the Sentencing Commission, together with any
amendments thereto by act of Congress. In the
absence of an applicable sentencing guideline,
the court shall impose an appropriate sentence,
having due regard for the purposes set forth in
subsection (a)(2). In the absence of an applicable
sentencing guideline in the case of an offense
other than a petty offense, the court shall also
have due regard for the relationship of the sentence imposed to sentences prescribed by guidelines applicable to similar offenses and offenders, and to the applicable policy statements of
the Sentencing Commission, together with any
amendments to such guidelines or policy statements by act of Congress.
(c) STATEMENT OF REASONS FOR IMPOSING A
SENTENCE.—The court, at the time of sentencing, shall state in open court the reasons for its
imposition of the particular sentence, and, if the
sentence—
(1) is of the kind, and within the range, described in subsection (a)(4), and that range exceeds 24 months, the reason for imposing a
sentence at a particular point within the
range; or
(2) is not of the kind, or is outside the range,
described in subsection (a)(4), the specific reason for the imposition of a sentence different
from that described, which reasons must also
be stated with specificity in a statement of
reasons form issued under section 994(w)(1)(B)
of title 28, except to the extent that the court
relies upon statements received in camera in
accordance with Federal Rule of Criminal Procedure 32. In the event that the court relies
upon statements received in camera in accordance with Federal Rule of Criminal Procedure
32 the court shall state that such statements
were so received and that it relied upon the
content of such statements.
If the court does not order restitution, or orders
only partial restitution, the court shall include
in the statement the reason therefor. The court
shall provide a transcription or other appropriate public record of the court’s statement of
reasons, together with the order of judgment
and commitment, to the Probation System and
to the Sentencing Commission,,3 and, if the sentence includes a term of imprisonment, to the
Bureau of Prisons.
(d) PRESENTENCE PROCEDURE FOR AN ORDER OF
NOTICE.—Prior to imposing an order of notice
3 So

in original.

Page 755

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

pursuant to section 3555, the court shall give notice to the defendant and the Government that
it is considering imposing such an order. Upon
motion of the defendant or the Government, or
on its own motion, the court shall—
(1) permit the defendant and the Government to submit affidavits and written memoranda addressing matters relevant to the imposition of such an order;
(2) afford counsel an opportunity in open
court to address orally the appropriateness of
the imposition of such an order; and
(3) include in its statement of reasons pursuant to subsection (c) specific reasons underlying its determinations regarding the nature of
such an order.
Upon motion of the defendant or the Government, or on its own motion, the court may in its
discretion employ any additional procedures
that it concludes will not unduly complicate or
prolong the sentencing process.
(e) LIMITED AUTHORITY TO IMPOSE A SENTENCE
BELOW A STATUTORY MINIMUM.—Upon motion of
the Government, the court shall have the authority to impose a sentence below a level established by statute as a minimum sentence so as
to reflect a defendant’s substantial assistance in
the investigation or prosecution of another person who has committed an offense. Such sentence shall be imposed in accordance with the
guidelines and policy statements issued by the
Sentencing Commission pursuant to section 994
of title 28, United States Code.
(f) LIMITATION ON APPLICABILITY OF STATUTORY
MINIMUMS IN CERTAIN CASES.—Notwithstanding
any other provision of law, in the case of an offense under section 401, 404, or 406 of the Controlled Substances Act (21 U.S.C. 841, 844, 846),
section 1010 or 1013 of the Controlled Substances
Import and Export Act (21 U.S.C. 960, 963), or
section 70503 or 70506 of title 46, the court shall
impose a sentence pursuant to guidelines promulgated by the United States Sentencing Commission under section 994 of title 28 without regard to any statutory minimum sentence, if the
court finds at sentencing, after the Government
has been afforded the opportunity to make a
recommendation, that—
(1) the defendant does not have—
(A) more than 4 criminal history points,
excluding any criminal history points resulting from a 1-point offense, as determined
under the sentencing guidelines;
(B) a prior 3-point offense, as determined
under the sentencing guidelines; and
(C) a prior 2-point violent offense, as determined under the sentencing guidelines;
(2) the defendant did not use violence or
credible threats of violence or possess a firearm or other dangerous weapon (or induce another participant to do so) in connection with
the offense;
(3) the offense did not result in death or serious bodily injury to any person;
(4) the defendant was not an organizer, leader, manager, or supervisor of others in the offense, as determined under the sentencing
guidelines and was not engaged in a continuing criminal enterprise, as defined in section
408 of the Controlled Substances Act; and

§ 3553

(5) not later than the time of the sentencing
hearing, the defendant has truthfully provided
to the Government all information and evidence the defendant has concerning the offense or offenses that were part of the same
course of conduct or of a common scheme or
plan, but the fact that the defendant has no
relevant or useful other information to provide or that the Government is already aware
of the information shall not preclude a determination by the court that the defendant has
complied with this requirement.
Information disclosed by a defendant under this
subsection may not be used to enhance the sentence of the defendant unless the information
relates to a violent offense.
(g) DEFINITION OF VIOLENT OFFENSE.—As used
in this section, the term ‘‘violent offense’’
means a crime of violence, as defined in section
16, that is punishable by imprisonment.
(Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12,
1984, 98 Stat. 1989; amended Pub. L. 99–570, title
I, § 1007(a), Oct. 27, 1986, 100 Stat. 3207–7; Pub. L.
99–646, §§ 8(a), 9(a), 80(a), 81(a), Nov. 10, 1986, 100
Stat. 3593, 3619; Pub. L. 100–182, §§ 3, 16(a), 17,
Dec. 7, 1987, 101 Stat. 1266, 1269, 1270; Pub. L.
100–690, title VII, § 7102, Nov. 18, 1988, 102 Stat.
4416; Pub. L. 103–322, title VIII, § 80001(a), title
XXVIII, § 280001, Sept. 13, 1994, 108 Stat. 1985,
2095; Pub. L. 104–294, title VI, §§ 601(b)(5), (6), (h),
Oct. 11, 1996, 110 Stat. 3499, 3500; Pub. L. 107–273,
div. B, title IV, § 4002(a)(8), Nov. 2, 2002, 116 Stat.
1807; Pub. L. 108–21, title IV, § 401(a), (c), (j)(5),
Apr. 30, 2003, 117 Stat. 667, 669, 673; Pub. L.
111–174, § 4, May 27, 2010, 124 Stat. 1216; Pub. L.
115–391, title IV, § 402(a), Dec. 21, 2018, 132 Stat.
5221.)
REFERENCES IN TEXT
The Federal Rules of Criminal Procedure, referred to
in subsec. (c)(2), are set out in the Appendix to this
title.
Section 408 of the Controlled Substances Act, referred
to in subsec. (f)(4), is classified to section 848 of Title 21,
Food and Drugs.
CONSTITUTIONALITY
For information regarding constitutionality of certain provisions of this section, as amended by section
401(a)(1) of Pub. L. 108–21, see Congressional Research
Service, The Constitution of the United States of
America: Analysis and Interpretation, Appendix 1, Acts
of Congress Held Unconstitutional in Whole or in Part
by the Supreme Court of the United States.
AMENDMENTS
2018—Subsec. (f). Pub. L. 115–391, § 402(a)(1)(A), (C), in
introductory provisions, substituted ‘‘, section 1010’’
for ‘‘or section 1010’’ and inserted ‘‘, or section 70503 or
70506 of title 46’’ after ‘‘963)’’, and inserted concluding
provisions.
Subsec. (f)(1). Pub. L. 115–391, § 402(a)(1)(B), added par.
(1) and struck out former par. (1) which read as follows:
‘‘the defendant does not have more than 1 criminal history point, as determined under the sentencing guidelines;’’.
Subsec. (g). Pub. L. 115–391, § 402(a)(2), added subsec.
(g).
2010—Subsec. (c)(2). Pub. L. 111–174 substituted ‘‘a
statement of reasons form issued under section
994(w)(1)(B) of title 28’’ for ‘‘the written order of judgment and commitment’’.
2003—Subsec. (a)(4)(A). Pub. L. 108–21, § 401(j)(5)(A),
amended subpar. (A) generally. Prior to amendment,

§ 3553

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

subpar. (A) read as follows: ‘‘the applicable category of
offense committed by the applicable category of defendant as set forth in the guidelines issued by the Sentencing Commission pursuant to section 994(a)(1) of
title 28, United States Code, and that are in effect on
the date the defendant is sentenced; or’’.
Subsec. (a)(4)(B). Pub. L. 108–21, § 401(j)(5)(B), inserted
before semicolon at end ‘‘, taking into account any
amendments made to such guidelines or policy statements by act of Congress (regardless of whether such
amendments have yet to be incorporated by the Sentencing Commission into amendments issued under section 994(p) of title 28)’’.
Subsec. (a)(5). Pub. L. 108–21, § 401(j)(5)(C), amended
par. (5) generally. Prior to amendment, par. (5) read as
follows: ‘‘any pertinent policy statement issued by the
Sentencing Commission pursuant to 28 U.S.C. 994(a)(2)
that is in effect on the date the defendant is sentenced;’’.
Subsec. (b). Pub. L. 108–21, § 401(a), designated existing provisions as par. (1), inserted par. heading, substituted ‘‘Except as provided in paragraph (2), the
court’’ for ‘‘The court’’, and added par. (2) and concluding provisions.
Subsec. (c). Pub. L. 108–21, § 401(c)(2), (3), in concluding provisions, inserted ‘‘, together with the order of
judgment and commitment,’’ after ‘‘the court’s statement of reasons’’ and ‘‘and to the Sentencing Commission,’’ after ‘‘to the Probation System’’.
Subsec. (c)(2). Pub. L. 108–21, § 401(c)(1), substituted
‘‘described, which reasons must also be stated with
specificity in the written order of judgment and commitment, except to the extent that the court relies
upon statements received in camera in accordance with
Federal Rule of Criminal Procedure 32. In the event
that the court relies upon statements received in camera in accordance with Federal Rule of Criminal Procedure 32 the court shall state that such statements were
so received and that it relied upon the content of such
statements’’ for ‘‘described’’.
2002—Subsec. (e). Pub. L. 107–273 inserted ‘‘a’’ before
‘‘minimum sentence’’.
1996—Subsec. (f). Pub. L. 104–294, § 601(h), amended directory language of Pub. L. 103–322, § 80001(a). See 1994
Amendment note below.
Pub. L. 104–294, § 601(b)(5), in introductory provisions,
substituted ‘‘section 1010 or 1013 of the Controlled Substances Import and Export Act (21 U.S.C. 960, 963)’’ for
‘‘section 1010 or 1013 of the Controlled Substances Import and Export Act (21 U.S.C. 961, 963)’’.
Subsec. (f)(4). Pub. L. 104–294, § 601(b)(6), substituted
‘‘section 408 of the Controlled Substances Act’’ for ‘‘21
U.S.C. 848’’.
1994—Subsec. (a)(4). Pub. L. 103–322, § 280001, amended
par. (4) generally. Prior to amendment, par. (4) read as
follows: ‘‘the kinds of sentence and the sentencing
range established for the applicable category of offense
committed by the applicable category of defendant as
set forth in the guidelines that are issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(1) and
that are in effect on the date the defendant is sentenced;’’.
Subsec. (f). Pub. L. 103–322, § 80001(a), as amended by
Pub. L. 104–294, § 601(h), added subsec. (f).
1988—Subsec. (c). Pub. L. 100–690 inserted ‘‘or other
appropriate public record’’ after ‘‘transcription’’ in second sentence and struck out ‘‘clerk of the’’ before
‘‘court’’ in last sentence.
1987—Subsec. (b). Pub. L. 100–182, § 3(1), (2), substituted ‘‘court finds that there exists an aggravating
or mitigating circumstance of a kind, or to a degree,
not adequately taken into consideration by the Sentencing Commission in formulating the guidelines that
should result’’ for ‘‘court finds that an aggravating or
mitigating circumstance exists that was not adequately taken into consideration by the Sentencing
Commission in formulating the guidelines and that
should result’’.
Pub. L. 100–182, § 3(3), inserted after first sentence ‘‘In
determining whether a circumstance was adequately

Page 756

taken into consideration, the court shall consider only
the sentencing guidelines, policy statements, and official commentary of the Sentencing Commission.’’
Pub. L. 100–182, § 16(a), substituted ‘‘In the absence of
an applicable sentencing guideline, the court shall impose an appropriate sentence, having due regard for the
purposes set forth in subsection (a)(2). In the absence of
an applicable sentencing guideline in the case of an offense other than a petty offense, the court shall also
have due regard for the relationship of the sentence imposed to sentences prescribed by guidelines applicable
to similar offenses and offenders, and to the applicable
policy statements of the Sentencing Commission.’’ for
‘‘In the absence of an applicable sentencing guideline,
the court shall impose an appropriate sentence, having
due regard for the relationship of the sentence imposed
to sentences prescribed by guidelines applicable to
similar offenses and offenders, the applicable policy
statements of the Sentencing Commission, and the purposes of sentencing set forth in subsection (a)(2).’’
Subsec. (c)(1). Pub. L. 100–182, § 17, inserted ‘‘and that
range exceeds 24 months,’’.
1986—Subsec. (a)(7). Pub. L. 99–646, § 81(a), added par.
(7).
Subsec. (b). Pub. L. 99–646, § 9(a), inserted provision
relating to sentencing in the absence of applicable
guidelines.
Subsec. (c). Pub. L. 99–646, § 8(a), substituted ‘‘If the
court does not order restitution, or orders only partial
restitution’’ for ‘‘If the sentence does not include an
order of restitution’’.
Subsec. (d). Pub. L. 99–646, § 80(a), struck out ‘‘or restitution’’ after ‘‘notice’’ in heading, and struck out ‘‘or
an order of restitution pursuant to section 3556,’’ after
‘‘section 3555,’’ in introductory text.
Subsec. (e). Pub. L. 99–570 added subsec. (e).
EFFECTIVE DATE OF 2018 AMENDMENT
Pub. L. 115–391, title IV, § 402(b), Dec. 21, 2018, 132 Stat.
5221, provided that: ‘‘The amendments made by this
section [amending this section] shall apply only to a
conviction entered on or after the date of enactment of
this Act [Dec. 21, 2018].’’
EFFECTIVE DATE OF 1994 AMENDMENT
Pub. L. 103–322, title VIII, § 80001(c), Sept. 13, 1994, 108
Stat. 1986, provided that: ‘‘The amendment made by
subsection (a) [amending this section] shall apply to all
sentences imposed on or after the 10th day beginning
after the date of enactment of this Act [Sept. 13, 1994].’’
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100–182 applicable with respect to offenses committed after Dec. 7, 1987, see section 26 of Pub. L. 100–182, set out as a note under section 3006A of this title.
EFFECTIVE DATE OF 1986 AMENDMENTS
Pub. L. 99–646, § 8(c), Nov. 10, 1986, 100 Stat. 3593, provided that: ‘‘The amendments made by this section
[amending this section and section 3663 of this title]
shall take effect on the date of the taking effect of section 3553 of title 18, United States Code [Nov. 1, 1987].’’
Pub. L. 99–646, § 9(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 3553 of title 18, United
States Code [Nov. 1, 1987].’’
Pub. L. 99–646, § 80(b), Nov. 10, 1986, 100 Stat. 3619, provided that: ‘‘The amendments made by this section
[amending this section] shall take effect on the date of
the taking effect of section 212(a)(2) of the Sentencing
Reform Act of 1984 [section 212(a)(2) of Pub. L. 98–473,
effective Nov. 1, 1987].’’
Pub. L. 99–646, § 81(b), Nov. 10, 1986, 100 Stat. 3619, provided that: ‘‘The amendments made by this section
[amending this section] shall take effect on the date of
the taking effect of section 212(a)(2) of the Sentencing
Reform Act of 1984 [section 212(a)(2) of Pub. L. 98–473,
effective Nov. 1, 1987].’’

Page 757

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

§ 3555

Pub. L. 99–570, title I, § 1007(b), Oct. 27, 1986, 100 Stat.
3207–7, provided that: ‘‘The amendment made by this
section [amending this section] shall take effect on the
date of the taking effect of section 3553 of title 18,
United States Code [Nov. 1, 1987].’’

shall not take effect if not more than 90 days after the
date of enactment of this Act the Attorney General has
submitted to the Judiciary Committees of the House of
Representatives and the Senate the report described in
paragraph (3).’’

EFFECTIVE DATE

AUTHORITY TO LOWER A SENTENCE BELOW STATUTORY
MINIMUM FOR OLD OFFENSES

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.
REPORT BY ATTORNEY GENERAL
Pub. L. 108–21, title IV, § 401(l), Apr. 30, 2003, 117 Stat.
674, provided that:
‘‘(1) DEFINED TERM.—For purposes of this section
[amending this section, section 3742 of this title, and
section 994 of Title 28, Judiciary and Judicial Procedure, enacting provisions set out as a note under section 991 of Title 28, and enacting provisions listed in a
table relating to sentencing guidelines set out under
section 994 of Title 28], the term ‘report described in
paragraph (3)’ means a report, submitted by the Attorney General, which states in detail the policies and procedures that the Department of Justice has adopted
subsequent to the enactment of this Act [Apr. 30,
2003]—
‘‘(A) to ensure that Department of Justice attorneys oppose sentencing adjustments, including downward departures, that are not supported by the facts
and the law;
‘‘(B) to ensure that Department of Justice attorneys in such cases make a sufficient record so as to
permit the possibility of an appeal;
‘‘(C) to delineate objective criteria, specified by the
Attorney General, as to which such cases may warrant consideration of an appeal, either because of the
nature or magnitude of the sentencing error, its prevalence in the district, or its prevalence with respect
to a particular judge;
‘‘(D) to ensure that Department of Justice attorneys promptly notify the designated Department of
Justice component in Washington concerning such
adverse sentencing decisions; and
‘‘(E) to ensure the vigorous pursuit of appropriate
and meritorious appeals of such adverse decisions.
‘‘(2) REPORT REQUIRED.—
‘‘(A) IN GENERAL.—Not later than 15 days after a
district court’s grant of a downward departure in any
case, other than a case involving a downward departure for substantial assistance to authorities pursuant to section 5K1.1 of the United States Sentencing
Guidelines, the Attorney General shall submit a report to the Committees on the Judiciary of the House
of Representatives and the Senate containing the information described under subparagraph (B).
‘‘(B) CONTENTS.—The report submitted pursuant to
subparagraph (A) shall set forth—
‘‘(i) the case;
‘‘(ii) the facts involved;
‘‘(iii) the identity of the district court judge;
‘‘(iv) the district court’s stated reasons, whether
or not the court provided the United States with
advance notice of its intention to depart; and
‘‘(v) the position of the parties with respect to the
downward departure, whether or not the United
States has filed, or intends to file, a motion for reconsideration.
‘‘(C) APPEAL OF THE DEPARTURE.—Not later than 5
days after a decision by the Solicitor General regarding the authorization of an appeal of the departure,
the Attorney General shall submit a report to the
Committees on the Judiciary of the House of Representatives and the Senate that describes the decision of the Solicitor General and the basis for such
decision.
‘‘(3) EFFECTIVE DATE.—Paragraph (2) shall take effect
on the day that is 91 days after the date of enactment
of this Act [Apr. 30, 2003], except that such paragraph

Pub. L. 100–182, § 24, Dec. 7, 1987, 101 Stat. 1271, provided that: ‘‘Notwithstanding section 235 of the Comprehensive Crime Control Act of 1984 [section 235 of
Pub. L. 98–473, set out as a note under section 3551 of
this title]—
‘‘(1) section 3553(e) of title 18, United States Code;
‘‘(2) rule 35(b) of the Federal Rules of Criminal Procedure as amended by section 215(b) of such Act [set
out in the Appendix to this title]; and
‘‘(3) rule 35(b) as in effect before the taking effect
of the initial set of guidelines promulgated by the
United States Sentencing Commission pursuant to
chapter 58 of title 28, United States Code,
shall apply in the case of an offense committed before
the taking effect of such guidelines.’’

§ 3554. Order of criminal forfeiture
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. 98–473, title II, § 212(a)(2), Oct. 12,
1984, 98 Stat. 1990.)
REFERENCES IN TEXT
The Comprehensive Drug Abuse Prevention and Control Act of 1970, referred to in text, is Pub. L. 91–513,
Oct. 27, 1970, 84 Stat. 1236, as amended. Title II of this
Act, known as the Controlled Substances Act, is classified principally to subchapter I (§ 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.
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.

§ 3555. Order of notice to victims
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 sec-

§ 3556

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

tion 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. 98–473, title II, § 212(a)(2), Oct. 12,
1984, 98 Stat. 1991.)
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.

§ 3556. Order of restitution
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. 98–473, title II, § 212(a)(2), Oct. 12,
1984, 98 Stat. 1991; amended Pub. L. 99–646, § 20(b),
Nov. 10, 1986, 100 Stat. 3596; Pub. L. 104–132, title
II, § 202, Apr. 24, 1996, 110 Stat. 1227.)
AMENDMENTS
1996—Pub. L. 104–132 substituted ‘‘shall order restitution’’ for ‘‘may order restitution’’ and ‘‘section 3663A,
and may order restitution in accordance with section
3663. The procedures under section 3664 shall apply to
all orders of restitution under this section’’ for ‘‘sections 3663 and 3664’’.
1986—Pub. L. 99–646 substituted ‘‘may order restitution in accordance with sections 3663 and 3664’’ for
‘‘under this title, or an offense under section 902(h), (i),
(j), or (n) of the Federal Aviation Act of 1958 (49 U.S.C.
1472), may order, in addition to the sentence that is imposed pursuant to the provisions of section 3551, that
the defendant make restitution to any victim of the offense in accordance with the provisions of sections 3663
and 3664’’.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–132 to be effective, to extent constitutionally permissible, for sentencing proceedings in cases in which defendant is convicted on or
after Apr. 24, 1996, see section 211 of Pub. L. 104–132, set
out as a note under section 2248 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Pub. L. 99–646, § 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. 98–473, effective Nov. 1, 1987].’’
EFFECTIVE DATE
Section effective Nov. 1, 1987, and applicable only to
offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98–473, set out as a
note under section 3551 of this title.

§ 3557. Review of a sentence
The review of a sentence imposed pursuant to
section 3551 is governed by the provisions of section 3742.
(Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12,
1984, 98 Stat. 1991.)
EFFECTIVE DATE
Section effective Nov. 1, 1987, and applicable only to
offenses committed after the taking effect of this sec-

Page 758

tion, see section 235(a)(1) of Pub. L. 98–473, set out as a
note under section 3551 of this title.

§ 3558. Implementation of a sentence
The implementation of a sentence imposed
pursuant to section 3551 is governed by the provisions of chapter 229.
(Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12,
1984, 98 Stat. 1991.)
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.

§ 3559. Sentencing classification of offenses
(a) CLASSIFICATION.—An offense that is not
specifically classified by a letter grade in the
section defining it, is classified if the maximum
term of imprisonment authorized is—
(1) life imprisonment, or if the maximum
penalty is death, as a Class A felony;
(2) twenty-five years or more, as a Class B
felony;
(3) less than twenty-five years but ten or
more years, as a Class C felony;
(4) less than ten years but five or more
years, as a Class D felony;
(5) less than five years but more than one
year, as a Class E felony;
(6) one year or less but more than six
months, as a Class A misdemeanor;
(7) six months or less but more than thirty
days, as a Class B misdemeanor;
(8) thirty days or less but more than five
days, as a Class C misdemeanor; or
(9) five days or less, or if no imprisonment is
authorized, as an infraction.
(b) EFFECT OF CLASSIFICATION.—Except as provided in subsection (c), an offense classified
under subsection (a) carries all the incidents assigned to the applicable letter designation, except that the maximum term of imprisonment is
the term authorized by the law describing the
offense.
(c) IMPRISONMENT OF CERTAIN VIOLENT FELONS.—
(1) MANDATORY LIFE IMPRISONMENT.—Notwithstanding any other provision of law, a person who is convicted in a court of the United
States of a serious violent felony shall be sentenced to life imprisonment if—
(A) the person has been convicted (and
those convictions have become final) on separate prior occasions in a court of the
United States or of a State of—
(i) 2 or more serious violent felonies; or
(ii) one or more serious violent felonies
and one or more serious drug offenses; and
(B) each serious violent felony or serious
drug offense used as a basis for sentencing
under this subsection, other than the first,
was committed after the defendant’s conviction of the preceding serious violent felony
or serious drug offense.
(2) DEFINITIONS.—For purposes of this subsection—
(A) the term ‘‘assault with intent to commit rape’’ means an offense that has as its

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TITLE 18—CRIMES AND CRIMINAL PROCEDURE

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

§ 3559

(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 de-

§ 3559

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

fined 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 RESEX 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 sex offense’’ means an
offense under State law 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);

PEATED

(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 sex offense;
(D) the term ‘‘minor’’ means an individual
who has not attained the age of 17 years; and

Page 760

(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
MENT FOR VIOLENT CRIMES

TERMS OF IMPRISONAGAINST 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 1 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. 98–473, title II, § 212(a)(2), Oct. 12,
1984, 98 Stat. 1991; amended Pub. L. 100–185, § 5,
1 So

in original. Probably should be ‘‘in’’.

Page 761

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

Dec. 11, 1987, 101 Stat. 1279; Pub. L. 100–690, title
VII, § 7041, Nov. 18, 1988, 102 Stat. 4399; Pub. L.
103–322, title VII, § 70001, Sept. 13, 1994, 108 Stat.
1982; Pub. L. 105–314, title V, § 501, Oct. 30, 1998,
112 Stat. 2980; Pub. L. 105–386, § 1(b), Nov. 13, 1998,
112 Stat. 3470; Pub. L. 108–21, title I, § 106(a), Apr.
30, 2003, 117 Stat. 654; Pub. L. 108–482, title II,
§ 204(a), Dec. 23, 2004, 118 Stat. 3917; Pub. L.
109–248, title II, §§ 202, 206(c), July 27, 2006, 120
Stat. 612, 614.)
AMENDMENTS
2006—Subsec. (e)(2)(A). Pub. L. 109–248, § 206(c), inserted ‘‘1591 (relating to sex trafficking of children),’’
after ‘‘under section’’.
Subsecs. (f), (g). Pub. L. 109–248, § 202, added subsec. (f)
and redesignated former subsec. (f) as (g).
2004—Subsec. (f). Pub. L. 108–482 added subsec. (f).
2003—Subsec. (e). Pub. L. 108–21 added subsec. (e).
1998—Subsec. (c)(2)(F)(i). Pub. L. 105–386 inserted
‘‘firearms possession (as described in section 924(c));’’
after ‘‘firearms use;’’.
Subsec. (d). Pub. L. 105–314 added subsec. (d).
1994—Subsec. (b). Pub. L. 103–322, § 70001(1), substituted ‘‘Except as provided in subsection (c), an’’ for
‘‘An’’.
Subsec. (c). Pub. L. 103–322, § 70001(2), added subsec.
(c).
1988—Subsec. (a). Pub. L. 100–690, § 7041(a)(1), substituted ‘‘classified if the maximum term of imprisonment authorized is—’’ for ‘‘classified—
‘‘(1) if the maximum term of imprisonment authorized is—’’.
Subsec. (a)(1) to (9). Pub. L. 100–690, § 7041(a)(2), (b), redesignated subpars. (A) to (I) as pars. (1) to (9), respectively, and substituted ‘‘twenty-five’’ for ‘‘twenty’’ in
pars. (2) and (3).
1987—Subsec. (b). Pub. L. 100–185 substituted
‘‘, except that the maximum term of imprisonment is
the term authorized by the law describing the offense.’’
for ‘‘except that:
‘‘(1) the maximum fine that may be imposed is the
fine authorized by the statute describing the offense,
or by this chapter, whichever is the greater; and
‘‘(2) the maximum term of imprisonment is the
term authorized by the statute describing the offense.’’
EFFECTIVE DATE
Section effective Nov. 1, 1987, and applicable only to
offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98–473, set out as a
note under section 3551 of this title.

SUBCHAPTER B—PROBATION
SUBCHAPTER B—PROBATION 1
Sec.

3561.
3562.
3563.
3564.
3565.
3566.

Sentence of probation.
Imposition of a sentence of probation.
Conditions of probation.
Running of a term of probation.
Revocation of probation.
Implementation of a sentence of probation.
AMENDMENTS

1994—Pub. L. 103–322, title XXXIII, § 330010(3), Sept. 13,
1994, 108 Stat. 2143, transferred analysis for this subchapter to follow heading for this subchapter.

§ 3561. Sentence of probation
(a) IN GENERAL.—A defendant who has been
found guilty of an offense may be sentenced to
a term of probation unless—
1 So

in original. Probably should not appear.

§ 3561

(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. 98–473, title II, § 212(a)(2), Oct. 12,
1984, 98 Stat. 1992; amended Pub. L. 99–646, § 10(a),
Nov. 10, 1986, 100 Stat. 3593; Pub. L. 100–182, § 7,
Dec. 7, 1987, 101 Stat. 1267; Pub. L. 103–322, title
XXVIII, § 280004, title XXXII, § 320921(a), Sept. 13,
1994, 108 Stat. 2096, 2130; Pub. L. 104–294, title VI,
§ 604(c)(1), Oct. 11, 1996, 110 Stat. 3509.)
PRIOR PROVISIONS
For a prior section 3561, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding
section 3551 of this title.
AMENDMENTS
1996—Subsec. (b). Pub. L. 104–294 struck out ‘‘or any
relative defendant, child, or former child of the defendant,’’ before ‘‘or any other relative of the defendant’’.
1994—Subsec. (a)(3). Pub. L. 103–322, § 280004, inserted
before period at end ‘‘that is not a petty offense’’.
Subsecs. (b), (c). Pub. L. 103–322, § 320921(a), added subsec. (b) and redesignated former subsec. (b) as (c).
1987—Subsec. (a)(1). Pub. L. 100–182 inserted ‘‘and the
defendant is an individual’’ after ‘‘Class B felony’’.
1986—Subsec. (a). Pub. L. 99–646 struck out at end
‘‘The liability of a defendant for any unexecuted fine or
other punishment imposed as to which probation is
granted shall be fully discharged by the fulfillment of
the terms and conditions of probation.’’
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–294 effective Sept. 13, 1994,
see section 604(d) of Pub. L. 104–294, set out as a note
under section 13 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100–182 applicable with respect to offenses committed after Dec. 7, 1987, see section 26 of Pub. L. 100–182, set out as a note under section 3006A of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Pub. L. 99–646, § 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 DATE
Section effective Nov. 1, 1987, and applicable only to
offenses committed after the taking effect of this sec-