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18 U.S.C. § 3143 — Release or detention of a defendant pending sentence or appeal
Federal law — U.S. Code and appendices · legal_authorities
**(a) Release or Detention Pending Sentence.—**
(1) Except as provided in paragraph (2), the judicial officer shall order that a person who has been found guilty of an offense and who is awaiting imposition or execution of sentence, other than a person for whom the applicable guideline promulgated pursuant to [28 U.S.C. 994](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section994&num=0&edition=prelim) does not recommend a term of imprisonment, be detained, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released under section 3142(b) or (c). If the judicial officer makes such a finding, such judicial officer shall order the release of the person in accordance with section 3142(b) or (c).
(2) The judicial officer shall order that a person who has been found guilty of an offense in a case described in subparagraph (A), (B), or (C) of subsection (f)(1) of section 3142 and is awaiting imposition or execution of sentence be detained unless—
(A)
(i) the judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted; or
(ii) an attorney for the Government has recommended that no sentence of imprisonment be imposed on the person; and
(B) the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community.
**(b) Release or Detention Pending Appeal by the Defendant.—**
(1) Except as provided in paragraph (2), the judicial officer shall order that a person who has been found guilty of an offense and sentenced to a term of imprisonment, and who has filed an appeal or a petition fo
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Source file: Laws/federal/codes/united-states-code/title-18/section-3143-release-or-detention-of-a-defendant-pending-sentence-or-appeal--369c3f96b9.md
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Source location: Title 18, Chapter 207, § 3143; chapter-207-release-and-detention-pending-judicial-proceedings.md
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**(a) Release or Detention Pending Sentence.—**
(1) Except as provided in paragraph (2), the judicial officer shall order that a person who has been found guilty of an offense and who is awaiting imposition or execution of sentence, other than a person for whom the applicable guideline promulgated pursuant to [28 U.S.C. 994](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section994&num=0&edition=prelim) does not recommend a term of imprisonment, be detained, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released under section 3142(b) or (c). If the judicial officer makes such a finding, such judicial officer shall order the release of the person in accordance with section 3142(b) or (c).
(2) The judicial officer shall order that a person who has been found guilty of an offense in a case described in subparagraph (A), (B), or (C) of subsection (f)(1) of section 3142 and is awaiting imposition or execution of sentence be detained unless—
(A)
(i) the judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted; or
(ii) an attorney for the Government has recommended that no sentence of imprisonment be imposed on the person; and
(B) the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community.
**(b) Release or Detention Pending Appeal by the Defendant.—**
(1) Except as provided in paragraph (2), the judicial officer shall order that a person who has been found guilty of an offense and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained, unless the judicial officer finds—
(A) by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released under section 3142(b) or (c) of this title; and
(B) that the appeal is not for the purpose of delay and raises a substantial question of law or fact likely to result in—
(i) reversal,
(ii) an order for a new trial,
(iii) a sentence that does not include a term of imprisonment, or
(iv) a reduced sentence to a term of imprisonment less than the total of the time already served plus the expected duration of the appeal process.
If the judicial officer makes such findings, such judicial officer shall order the release of the person in accordance with section 3142(b) or (c) of this title, except that in the circumstance described in subparagraph (B)(iv) of this paragraph, the judicial officer shall order the detention terminated at the expiration of the likely reduced sentence.
(2) The judicial officer shall order that a person who has been found guilty of an offense in a case described in subparagraph (A), (B), or (C) of subsection (f)(1) of section 3142 and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained.
**(c) Release or Detention Pending Appeal by the Government.—** The judicial officer shall treat a defendant in a case in which an appeal has been taken by the United States under [section 3731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3731&num=0&edition=prelim), in accordance with [section 3142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3142&num=0&edition=prelim), unless the defendant is otherwise subject to a release or detention order. Except as provided in subsection (b) of this section, the judicial officer, in a case in which an appeal has been taken by the United States under section 3742, shall—
(1) if the person has been sentenced to a term of imprisonment, order that person detained; and
(2) in any other circumstance, release or detain the person under section 3142.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 994
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Federal law — U.S. Code and appendices · legal_authorities
In a criminal case an appeal by the United States shall lie to a court of appeals from a decision, judgment, or order of a district court dismissing an indictment or information or granting a new trial after verdict or judgment, as to any one or more counts, or any part thereof, except that no appeal shall lie where the double jeopardy clause of the United States Constitution prohibits further prosecution.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3731
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Appeal by a Defendant.—** A defendant may file a notice of appeal in the district court for review of an otherwise final sentence if the sentence—
(1) was imposed in violation of law;
(2) was imposed as a result of an incorrect application of the sentencing guidelines; or
(3) is greater than the sentence specified in the applicable guideline range to the extent that the sentence includes a greater fine or term of imprisonment, probation, or supervised release than the maximum established in the guideline range, or includes a more limiting condition of probation or supervised release under section 3563(b)(6) or (b)(11) 11 See References in Text note below. than the maximum established in the guideline range; or
(4) was imposed for an offense for which there is no sentencing guideline and is plainly unreasonable.
**(b) Appeal by the Government.—** The Government may file a notice of appeal in the district court for review of an otherwise final sentence if the sentence—
(1) was imposed in violation of law;
(2) was imposed as a result of an incorrect application of the sentencing guidelines;
(3) is less than the sentence specified in the applicable guideline range to the extent that the sentence includes a lesser fine or term of imprisonment, probation, or supervised release than the minimum established in the guideline range, or includes a less limiting condition of probation or supervised release under section 3563(b)(6) or (b)(11) 1 than the minimum established in the guideline range; or
(4) was imposed for an offense for which there is no sentencing guideline and is plainly unreasonable.
The Government may not further prosecute such appeal without the personal approval of the Attorney General, the Solicitor General, or a deputy solicitor general designate
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3742
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Upon the appearance before a judicial officer of a person charged with an offense, the judicial officer shall issue an order that, pending trial, the person be—
(1) released on personal recognizance or upon execution of an unsecured appearance bond, under subsection (b) of this section;
(2) released on a condition or combination of conditions under subsection (c) of this section;
(3) temporarily detained to permit revocation of conditional release, deportation, or exclusion under subsection (d) of this section; or
(4) detained under subsection (e) of this section.
**(b) Release on Personal Recognizance or Unsecured Appearance Bond.—** The judicial officer shall order the pretrial release of the person on personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a Federal, State, or local crime during the period of release and subject to the condition that the person cooperate in the collection of a DNA sample from the person if the collection of such a sample is authorized pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000 ([42 U.S.C. 14135a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14135a&num=0&edition=prelim)),11 See References in Text note below. unless the judicial officer determines that such release will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community.
**(c) Release on Conditions.—**
(1) If the judicial officer determines that the release described in subsection (b) of this section will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3142
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3551
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Social security benefits and tier I railroad retirement benefits** Benefits payable under the old-age, survivors, and disability insurance program established under title II of the Social Security Act ([42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.), and benefits payable under sections 231b and 231c 11 See References in Text note below. of title 45, shall be exempt from reduction under any order issued under this subchapter.
**(b) Veterans programs** The following programs shall be exempt from reduction under any order issued under this subchapter: All programs administered by the Department of Veterans Affairs. Special benefits for certain World War II veterans (28–0401–0–1–701).
**(c) Net interest** No reduction of payments for net interest (all of major functional category 900) shall be made under any order issued under this subchapter.
**(d) Refundable income tax credits and certain elective payments**
(1) **Refundable income tax credits** — Payments to individuals made pursuant to provisions of title 26 establishing refundable tax credits shall be exempt from reduction under any order issued under this subchapter.
(2) **Certain elective payments** — Payments made to taxpayers pursuant to elections under subsection (d) of [section 48D of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section48D&num=0&edition=prelim), or amounts treated as payments which are made by taxpayers under paragraph (1) of such subsection, shall be exempt from reduction under any order issued under this subchapter.
**(e) Non-defense unobligated balances** Unobligated balances of budget authority carried over from prior fiscal years, except balances in the defense categor
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 905
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Pending Trial.—** A judicial officer authorized to order the arrest of a person under [section 3041 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3041&num=0&edition=prelim) before whom an arrested person is brought shall order that such person be released or detained, pending judicial proceedings, under this chapter.
**(b) Pending Sentence or Appeal.—** A judicial officer of a court of original jurisdiction over an offense, or a judicial officer of a Federal appellate court, shall order that, pending imposition or execution of sentence, or pending appeal of conviction or sentence, a person be released or detained under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3141
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Federal law — U.S. Code and appendices · legal_authorities
Page 721
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 3143
the provisions of subsection (c)’’, in par. (3) substituted
‘‘under subsection (d) of this section’’ for ‘‘pursuant to
provisions of subsection (d)’’, and in par. (4) substituted
‘‘under subsection (e) of this section’’ for ‘‘pursuant to
provisions of subsection (e)’’.
Subsec. (b). Pub. L. 99–646, § 55(c)(2), struck out ‘‘his’’
after ‘‘person on’’ and ‘‘period of’’.
Subsec. (c). Pub. L. 99–646, § 55(c)(3), designated exist-
ing provision as par. (1) and redesignated former pars.
(1) and (2) as subpars. (A) and (B), in provision pre-
ceding subpar. (A) substituted ‘‘subsection (b) of this
section’’ for ‘‘subsection (b)’’ and ‘‘such judicial offi-
cer’’ for ‘‘he’’, in subpar. (B) redesignated subpars. (A)
to (N) as cls. (i) to (xiv), in provision preceding cl. (i)
substituted ‘‘such judicial officer’’ for ‘‘he’’, in cl. (i)
substituted ‘‘assume supervision’’ for ‘‘supervise him’’,
in cl. (iv) substituted ‘‘on personal’’ for ‘‘on his per-
sonal’’, in cl. (x) substituted ‘‘medical, psychological,’’
for ‘‘medical’’, designated provision relating to the ju-
dicial officer not imposing a financial condition that
results in the pretrial detention of a person as par. (2),
and designated provision permitting the judicial officer
to impose at any time additional or different condi-
tions of release as par. (3), and in par. (3) struck out
‘‘his’’ after ‘‘amend’’.
Subsec. (d). Pub. L. 99–646, § 55(c)(4), in pars. (1) and (2)
substituted ‘‘such person’’ for ‘‘the person’’ and in con-
cluding provisions substituted ‘‘such person’’ for ‘‘the
person’’ in four places, ‘‘such judicial officer’’ for ‘‘he’’,
‘‘paragraph (1)(B) of this subsection’’ for ‘‘paragraph
(1)(B)’’, and ‘‘such person’s United States citizen
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 3143
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 994
Stored review status: historical_2024_not_currentness_verified. The source passage cites 28 U.S.C. § 994. This identifies an authority to review, not proof of applicability.