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CITE

    18 USC Sec. 3582                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART II - CRIMINAL PROCEDURE
    CHAPTER 227 - SENTENCES
    SUBCHAPTER D - IMPRISONMENT

HEAD

    Sec. 3582. Imposition of a sentence of imprisonment

STATUTE

      (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.

SOURCE

    (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. 100-690 substituted "994(o)" for
    "994(n)".
                     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
      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.
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