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21 U.S.C. § 850 — Information for sentencing
Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided in this subchapter or section 242a(a) 11 See References in Text note below. of title 42, no limitation shall be placed on the information concerning the background, character, and conduct of a person convicted of an offense which a court of the United States may receive and consider for the purpose of imposing an appropriate sentence under this subchapter or subchapter II.
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Source location: Title 21, Chapter 13, § 850; chapter-013-drug-abuse-prevention-and-control.md
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Except as otherwise provided in this subchapter or section 242a(a) 11 See References in Text note below. of title 42, no limitation shall be placed on the information concerning the background, character, and conduct of a person convicted of an offense which a court of the United States may receive and consider for the purpose of imposing an appropriate sentence under this subchapter or subchapter II.
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Federal law — U.S. Code and appendices · legal_authorities
The Congress makes the following findings and declarations:
(1) Many of the drugs included within this subchapter have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people.
(2) The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people.
(3) A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because—
(A) after manufacture, many controlled substances are transported in interstate commerce,
(B) controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and
(C) controlled substances possessed commonly flow through interstate commerce immediately prior to such possession.
(4) Local distribution and possession of controlled substances contribute to swelling the interstate traffic in such substances.
(5) Controlled substances manufactured and distributed intrastate cannot be differentiated from controlled substances manufactured and distributed interstate. Thus, it is not feasible to distinguish, in terms of controls, between controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate.
(6) Federal control of the intrastate incidents of the traffic in controlled substances is essential to the effective control of the interstate incidents
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act July 1, 1944, ch. 373, title III, § 303, as added July 3, 1946, ch. 538, § 7(c), 60 Stat. 423; amended Aug. 2, 1956, ch. 871, title V, § 501, 70 Stat. 929; Pub. L. 91–513, title I, § 3(a), Oct. 27, 1970, 84 Stat. 1241; Pub. L. 93–282, title I, § 122(b), May 14, 1974, 88 Stat. 132; Pub. L. 93–348, title I, § 104(a)(2), July 12, 1974, 88 Stat. 346; Pub. L. 95–633, title I, § 108(b), Nov. 10, 1978, 92 Stat. 3773; Pub. L. 96–398, title VIII, § 803(a), Oct. 7, 1980, 94 Stat. 1607; Pub. L. 100–177, title II, § 202(a), Dec. 1, 1987, 101 Stat. 996; Pub. L. 100–607, title I, § 163(1)(A), Nov. 4, 1988, 102 Stat. 3062; Pub. L. 100–690, title II, § 2058(b), Nov. 18, 1988, 102 Stat. 4214; Pub. L. 101–597, title IV, § 401(b)[(a)], Nov. 16, 1990, 104 Stat. 3035; Pub. L. 102–321, title I, § 115(b), July 10, 1992, 106 Stat. 348; Pub. L. 102–408, title III, § 305, Oct. 13, 1992, 106 Stat. 2084; Pub. L. 105–392, title IV, § 403, Nov. 13, 1998, 112 Stat. 3588, related to mental health.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 242a
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Federal law — U.S. Code and appendices · legal_authorities
Page 859
TITLE 21—FOOD AND DRUGS
§ 851
1 See References in Text note below.
Editorial Notes
PRIOR PROVISIONS
A prior section 849, Pub. L. 91–513, title II, § 409, Oct.
27, 1970, 84 Stat. 1266; Pub. L. 99–514, § 2, Oct. 22, 1986, 100
Stat. 2095, related to dangerous special drug offender
sentencing, prior to repeal by Pub. L. 98–473, title II,
§§ 219(a), 235(a)(1), Oct. 12, 1984, 98 Stat. 2027, 2031, eff.
Nov. 1, 1987, and applicable only to offenses committed
after the taking effect of such repeal.
§ 850. Information for sentencing
Except as otherwise provided in this sub-
chapter or section 242a(a) 1 of title 42, no limita-
tion shall be placed on the information con-
cerning the background, character, and conduct
of a person convicted of an offense which a court
of the United States may receive and consider
for the purpose of imposing an appropriate sen-
tence under this subchapter or subchapter II.
(Pub. L. 91–513, title II, § 410, Oct. 27, 1970, 84
Stat. 1269.)
Editorial Notes
REFERENCES IN TEXT
Section 242a of title 42, referred to in text, was re-
pealed by Pub. L. 106–310, div. B, title XXXII,
§ 3201(b)(1), Oct. 17, 2000, 114 Stat. 1190.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective on first day of seventh calendar
month that begins after Oct. 26, 1970, see section 704 of
Pub. L. 91–513, set out as a note under section 801 of
this title.
§ 851. Proceedings to establish prior convictions
(a) Information filed by United States Attorney
(1) No person who stands convicted of an of-
fense under this part shall be sentenced to in-
creased punishment by reason of one or more
prior convictions, unless before trial, or before
entry of a plea of guilty, the United States at-
torney files an information with the court
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 850
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