2015 US Code
Title 18 - Crimes and Criminal Procedure (Sections 1 - 6005)
Part II - Criminal Procedure (Sections 3001 - 3771)
Chapter 227 - Sentences (Sections 3551 - 3586)
Subchapter B - Probation (Sections 3561 - 3566)
Sec. 3562 - Imposition of a sentence of probation
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 18 - CRIMES AND CRIMINAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 227 - SENTENCES SUBCHAPTER B - PROBATION Sec. 3562 - Imposition of a sentence of probation |
Contains | section 3562 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 98-473, title II, §212(a)(2), Oct. 12, 1984, 98 Stat. 1992; amended Pub. L. 101-647, title XXXV, §3583, Nov. 29, 1990, 104 Stat. 4930. |
Statutes at Large References | 98 Stat. 1992 104 Stat. 4930 |
Public and Private Laws | Public Law 98-473, Public Law 101-647 |
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(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. 98–473, title II, §212(a)(2), Oct. 12, 1984, 98 Stat. 1992; amended Pub. L. 101–647, title XXXV, §3583, Nov. 29, 1990, 104 Stat. 4930.)
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. 101–647 inserted "of the Federal Rules of Criminal Procedure" after "rule 35".
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. 98–473, set out as a note under section 3551 of this title.
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