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18 U.S.C. § 3552 — Presentence reports

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3552 — Presentence reports

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Source location: Title 18, Chapter 227, § 3552; chapter-227-sentences.md

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**(a) Presentence Investigation and Report by Probation Officer.—** A United States probation officer shall make a presentence investigation of a defendant that is required pursuant to the provisions of Rule 32(c) of the Federal Rules of Criminal Procedure, and shall, before the imposition of sentence, report the results of the investigation to the court. **(b) Presentence Study and Report by Bureau of Prisons.—** If the court, before or after its receipt of a report specified in subsection (a) or (c), desires more information than is otherwise available to it as a basis for determining the sentence to be imposed on a defendant found guilty of a misdemeanor or felony, it may order a study of the defendant. The study shall be conducted in the local community by qualified consultants unless the sentencing judge finds that there is a compelling reason for the study to be done by the Bureau of Prisons or there are no adequate professional resources available in the local community to perform the study. The period of the study shall be no more than sixty days. The order shall specify the additional information that the court needs before determining the sentence to be imposed. Such an order shall be treated for administrative purposes as a provisional sentence of imprisonment for the maximum term authorized by section 3581(b) for the offense committed. The study shall inquire into such matters as are specified by the court and any other matters that the Bureau of Prisons or the professional consultants believe are pertinent to the factors set forth in section 3553(a). The period of the study may, in the discretion of the court, be extended for an additional period of not more than sixty days. By the expiration of the period of the study, or by the expiration of any extension granted by the court, the United States marshal shall, if the defendant is in custody, return the defendant to the court for final sentencing. The Bureau of Prisons or the professional consultants shall provide the court with a written report of the pertinent results of the study and make to the court whatever recommendations the Bureau or the consultants believe will be helpful to a proper resolution of the case. The report shall include recommendations of the Bureau or the consultants concerning the guidelines and policy statements, promulgated by the Sentencing Commission pursuant to [28 U.S.C. 994(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section994/a&num=0&edition=prelim), 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 information than is otherwise available to it as a basis for determining the mental condition of the defendant, the court may order the same psychiatric or psychological examination and report thereon as may be ordered under [section 4244(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4244/b&num=0&edition=prelim). **(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.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 3001 — Applicability of chapter

**(a) In General.—** Except as provided in subsection (b), the 11 So in original. Probably should be “this”. chapter provides the exclusive civil procedures for the United States— (1) to recover a judgment on a debt; or (2) to obtain, before judgment on a claim for a debt, a remedy in connection with such claim. **(b) Limitation.—** To the extent that another Federal law specifies procedures for recovering on a claim or a judgment for a debt arising under such law, those procedures shall apply to such claim or judgment to the extent those procedures are inconsistent with this chapter. **(c) Amounts Owing Other Than Debts.—** This chapter shall not apply with respect to an amount owing that is not a debt or to a claim for an amount owing that is not a debt.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 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.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 4106A — Transfer of offenders on parole; parole of offenders transferred

**(a)** Upon the receipt of an offender who is on parole from the authorities of a foreign country, the Attorney General shall assign the offender to the United States Parole Commission for supervision. **(b)** (1) (A) The United States Parole Commission shall, without unnecessary delay, determine a release date and a period and conditions of supervised release for an offender transferred to the United States to serve a sentence of imprisonment, as though the offender were convicted in a United States district court of a similar offense. (B) In making such determination, the United States Parole Commission shall consider— (i) any recommendation of the United States Probation Service, including any recommendation as to the applicable guideline range; and (ii) any documents provided by the transferring country; relating to that offender. (C) The combined periods of imprisonment and supervised release that result from such determination shall not exceed the term of imprisonment imposed by the foreign court on that offender. (D) The duties conferred on a United States probation officer with respect to a defendant by [section 3552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3552&num=0&edition=prelim) shall, with respect to an offender so transferred, be carried out by the United States Probation Service. (2) (A) A determination by the United States Parole Commission under this subsection may be appealed to the United States court of appeals for the circuit in which the offender is imprisoned at the time of the determination of such Commission. Notice of appeal must be filed not later than 45 days after receipt of notice of such determination. (B) The court of appeals shall decide and dispose of

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3552 — Presentence reports

Page 797 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3552 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 over- crowding, available Federal prison space must be treat- ed 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, re- served for those violent and serious criminal offenders who pose the most dangerous threat to society; ‘‘Since, in cases of nonviolent and nonserious offend- ers, the interests of society as a whole as well as indi- vidual 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 sen- tencing 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; ‘‘(2) the general appropriateness of imposing a sen- tence other than imprisonment in cases in which the defendant has not been convicted of a crime of vio- lence or otherwise serious offense; and ‘‘(3) the general appropriateness of imposing a sen- tenc

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 994 — Duties of the Commission

**(a)** The Commission, by affirmative vote of at least four members of the Commission, and pursuant to its rules and regulations and consistent with all pertinent provisions of any Federal statute shall promulgate and distribute to all courts of the United States and to the United States Probation System— (1) guidelines, as described in this section, for use of a sentencing court in determining the sentence to be imposed in a criminal case, including— (A) a determination whether to impose a sentence to probation, a fine, or a term of imprisonment; (B) a determination as to the appropriate amount of a fine or the appropriate length of a term of probation or a term of imprisonment; (C) a determination whether a sentence to a term of imprisonment should include a requirement that the defendant be placed on a term of supervised release after imprisonment, and, if so, the appropriate length of such a term; (D) a determination whether multiple sentences to terms of imprisonment should be ordered to run concurrently or consecutively; and (E) a determination under paragraphs (6) and (11) 11 See References in Text note below. of [section 3563(b) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3563/b&num=0&edition=prelim); (2) general policy statements regarding application of the guidelines or any other aspect of sentencing or sentence implementation that in the view of the Commission would further the purposes set forth in [section 3553(a)(2) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3553/a/2&num=0&edition=prelim), United States Code, including the appropriate use of— (A) the sanctions set forth in sections 3554, 3555, and 3556 of title 18; (B) the conditions of proba

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 994 — Duties of the Commission

Page 341 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 994 1 So in original. commences after the date on which the mem- ber’s term expired. (c) The Chair and Vice Chairs of the Commis- sion shall hold full-time positions and shall be compensated during their terms of office at the annual rate at which judges of the United States courts of appeals are compensated. The voting members of the Commission, other than the Chair and Vice Chairs, shall hold full-time posi- tions until the end of the first six years after the sentencing guidelines go into effect pursuant to section 235(a)(1)(B)(ii) of the Sentencing Reform Act of 1984, and shall be compensated at the an- nual rate at which judges of the United States courts of appeals are compensated. Thereafter, the voting members of the Commission, other than the Chair and Vice Chairs,,1 shall hold part-time positions and shall be paid at the daily rate at which judges of the United States courts of appeals are compensated. A Federal judge may serve as a member of the Commission without resigning the judge’s appointment as a Federal judge. (d) Sections 44(c) and 134(b) of this title (relat- ing to the residence of judges) do not apply to any judge holding a full-time position on the Commission under subsection (c) of this section. (Added Pub. L. 98–473, title II, § 217(a), Oct. 12, 1984, 98 Stat. 2018; amended Pub. L. 99–646, §§ 4, 6(a), Nov. 10, 1986, 100 Stat. 3592; Pub. L. 102–349, § 1, Aug. 26, 1992, 106 Stat. 933; Pub. L. 103–322, title XXVIII, § 280005(b), (c)(1), (3), Sept. 13, 1994, 108 Stat. 2096, 2097.) Editorial Notes REFERENCES IN TEXT Section 235(a)(1)(B)(ii) of the Sentencing Reform Act of 1984, referred to in subsec. (c), is section 235(a)(1)(B)(ii) of Pub. L. 98–473, which is

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