US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 18USC3582]

 
                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                       PART II--CRIMINAL PROCEDURE
 
                         CHAPTER 227--SENTENCES
 
                       SUBCHAPTER D--IMPRISONMENT
 
Sec. 3582. Imposition of a sentence of imprisonment

    (a) Factors To Be Considered in Imposing a Term of Imprisonment.--
The court, in determining whether to impose a term of imprisonment, and, 
if a term of imprisonment is to be imposed, in determining the length of 
the term, shall consider the factors set forth in section 3553(a) to the 
extent that they are applicable, recognizing that imprisonment is not an 
appropriate means of promoting correction and rehabilitation. In 
determining whether to make a recommendation concerning the type of 
prison facility appropriate for the defendant, the court shall consider 
any pertinent policy statements issued by the Sentencing Commission 
pursuant to 28 U.S.C. 994(a)(2).
    (b) Effect of Finality of Judgment.--Notwithstanding the fact that a 
sentence to imprisonment can subsequently be--
        (1) modified pursuant to the provisions of subsection (c);
        (2) corrected pursuant to the provisions of rule 35 of the 
    Federal Rules of Criminal Procedure and section 3742; or
        (3) appealed and modified, if outside the guideline range, 
    pursuant to the provisions of section 3742;

a judgment of conviction that includes such a sentence constitutes a 
final judgment for all other purposes.
    (c) Modification of an Imposed Term of Imprisonment.--The court may 
not modify a term of imprisonment once it has been imposed except that--
        (1) in any case--
            (A) the court, upon motion of the Director of the Bureau of 
        Prisons, may reduce the term of imprisonment (and may impose a 
        term of probation or supervised release with or without 
        conditions that does not exceed the unserved portion of the 
        original term of imprisonment), after considering the factors 
        set forth in section 3553(a) to the extent that they are 
        applicable, if it finds that--
                (i) extraordinary and compelling reasons warrant such a 
            reduction; or
                (ii) the defendant is at least 70 years of age, has 
            served at least 30 years in prison, pursuant to a sentence 
            imposed under section 3559(c), for the offense or offenses 
            for which the defendant is currently imprisoned, and a 
            determination has been made by the Director of the Bureau of 
            Prisons that the defendant is not a danger to the safety of 
            any other person or the community, as provided under section 
            3142(g);

        and that such a reduction is consistent with applicable policy 
        statements issued by the Sentencing Commission; and
            (B) the court may modify an imposed term of imprisonment to 
        the extent otherwise expressly permitted by statute or by Rule 
        35 of the Federal Rules of Criminal Procedure; and

        (2) in the case of a defendant who has been sentenced to a term 
    of imprisonment based on a sentencing range that has subsequently 
    been lowered by the Sentencing Commission pursuant to 28 U.S.C. 
    994(o), upon motion of the defendant or the Director of the Bureau 
    of Prisons, or on its own motion, the court may reduce the term of 
    imprisonment, after considering the factors set forth in section 
    3553(a) to the extent that they are applicable, if such a reduction 
    is consistent with applicable policy statements issued by the 
    Sentencing Commission.

    (d) Inclusion of an Order To Limit Criminal Association of Organized 
Crime and Drug Offenders.--The court, in imposing a sentence to a term 
of imprisonment upon a defendant convicted of a felony set forth in 
chapter 95 (racketeering) or 96 (racketeer influenced and corrupt 
organizations) of this title or in the Comprehensive Drug Abuse 
Prevention and Control Act of 1970 (21 U.S.C. 801 et seq.), or at any 
time thereafter upon motion by the Director of the Bureau of Prisons or 
a United States attorney, may include as a part of the sentence an order 
that requires that the defendant not associate or communicate with a 
specified person, other than his attorney, upon a showing of probable 
cause to believe that association or communication with such person is 
for the purpose of enabling the defendant to control, manage, direct, 
finance, or otherwise participate in an illegal enterprise.

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98 Stat. 
1998; amended Pub. L. 100-690, title VII, Sec. 7107, Nov. 18, 1988, 102 
Stat. 4418; Pub. L. 101-647, title XXXV, Sec. 3588, Nov. 29, 1990, 104 
Stat. 4930; Pub. L. 103-322, title VII, Sec. 70002, Sept. 13, 1994, 108 
Stat. 1984; Pub. L. 104-294, title VI, Sec. 604(b)(3), Oct. 11, 1996, 
110 Stat. 3506; Pub. L. 107-273, div. B, title III, Sec. 3006, Nov. 2, 
2002, 116 Stat. 1806.)

                       References in Text

    The Federal Rules of Criminal Procedure, referred to in subsec. 
(b)(2), are set out in the Appendix to this title.
    The Comprehensive Drug Abuse Prevention and Control Act of 1970, 
referred to in subsec. (d), is Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 
1236, as amended, which is classified principally to chapter 13 
(Sec. 801 et seq.) of Title 21, Food and Drugs. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 801 of Title 21 and Tables.


                               Amendments

    2002--Subsec. (c)(1)(A). Pub. L. 107-273 inserted ``(and may impose 
a term of probation or supervised release with or without conditions 
that does not exceed the unserved portion of the original term of 
imprisonment)'' after ``may reduce the term of imprisonment'' in 
introductory provisions.
    1996--Subsec. (c)(1)(A)(i). Pub. L. 104-294 inserted ``or'' after 
semicolon at end.
    1994--Subsec. (c)(1)(A). Pub. L. 103-322, inserted a dash after ``if 
it finds that'', designated ``extraordinary and compelling reasons 
warrant such a reduction'' as cl. (i), inserted a semicolon at end of 
cl. (i), realigned margins accordingly, and added cl. (ii) before 
concluding provisions.
    1990--Subsec. (b)(2). Pub. L. 101-647 inserted ``of the Federal 
Rules of Criminal Procedure'' after ``rule 35''.
    1988--Subsec. (c)(2). Pub. L