18 U.S.C. § 2318 — Trafficking in counterfeit labels, illicit la-

Page 574 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2317 1 So in original. No par. (2) has been enacted. (June 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 98–473, title II, § 1113, Oct. 12, 1984, 98 Stat. 2149; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 419b, 419d (Aug. 18, 1941, ch. 366, §§ 3, 5, 55 Stat. 631). This section consolidates sections 419b and 419d of title 18, U.S.C., 1940 ed. Definition of ‘‘cattle’’, contained in section 419a(a) of title 18, U.S.C., 1940 ed., is incorporated in section 2311 of this title. Definition of ‘‘interstate or foreign commerce’’, con- stituting section 419a(b) of title 18, U.S.C., 1940 ed., is incorporated in section 10 of this title. The venue provision of said section 419d of title 18, U.S.C., 1940 ed., was omitted as completely covered by section 3237 of this title. Reference to persons causing or procuring was omit- ted as unnecessary in view of definition of ‘‘principal’’ in section 2 of this title. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. 1984—Pub. L. 98–473 substituted ‘‘livestock’’ for ‘‘cat- tle’’ in section catchline and text. § 2317. Sale or receipt of livestock Whoever receives, conceals, stores, barters, buys, sells, or disposes of any livestock, moving in or constituting a part of interstate or foreign commerce, knowing the same to have been sto- len, shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 98–473, title II, § 1114, Oct. 12, 1984, 98 Stat. 2149; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 419c, 419d (Aug. 18, 1941, ch. 366, §§ 4, 5, 55 Stat. 632). Definitions of ‘‘cattle’’ and ‘‘interstate or foreign commerce’’, contained in section 419a of title 18, U.S.C., 1940 ed., are incorporated in sections 10 and 2311 of this title. Venue provision of said section 419d of title 18, U.S.C., 1940 ed., was omitted as completely covered by section 3237 of this title. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. 1984—Pub. L. 98–473 substituted ‘‘livestock’’ for ‘‘cat- tle’’ in section catchline and text. § 2318. Trafficking in counterfeit labels, illicit la- bels, or counterfeit documentation or pack- aging (a)(1) 1 Whoever, in any of the circumstances described in subsection (c), knowingly traffics in— (A) a counterfeit label or illicit label affixed to, enclosing, or accompanying, or designed to be affixed to, enclose, or accompany— (i) a phonorecord; (ii) a copy of a computer program; (iii) a copy of a motion picture or other audiovisual work; (iv) a copy of a literary work; (v) a copy of a pictorial, graphic, or sculp- tural work; (vi) a work of visual art; or (vii) documentation or packaging; or (B) counterfeit documentation or packaging, shall be fined under this title or imprisoned for not more than 5 years, or both. (b) As used in this section— (1) the term ‘‘counterfeit label’’ means an identifying label or container that appears to be genuine, but is not; (2) the term ‘‘traffic’’ has the same meaning as in section 2320(f) of this title; (3) the terms ‘‘copy’’, ‘‘phonorecord’’, ‘‘mo- tion picture’’, ‘‘computer program’’, ‘‘audio- visual work’’, ‘‘literary work’’, ‘‘pictorial, graphic, or sculptural work’’, ‘‘sound record- ing’’, ‘‘work of visual art’’, and ‘‘copyright owner’’ have, respectively, the meanings given those terms in section 101 (relating to defini- tions) of title 17; (4) the term ‘‘illicit label’’ means a genuine certificate, licensing document, registration card, or similar labeling component— (A) that is used by the copyright owner to verify that a phonorecord, a copy of a com- puter program, a copy of a motion picture or other audiovisual work, a copy of a literary work, a copy of a pictorial, graphic, or sculp- tural work, a work of visual art, or docu- mentation or packaging is not counterfeit or infringing of any copyright; and (B) that is, without the authorization of the copyright owner— (i) distributed or intended for distribu- tion not in connection with the copy, pho- norecord, or work of visual art to which such labeling component was intended to be affixed by the respective copyright owner; or (ii) in connection with a genuine certifi- cate or licensing document, knowingly fal- sified in order to designate a higher num- ber of licensed users or copies than author- ized by the copyright owner, unless that certificate or document is used by the copyright owner solely for the purpose of monitoring or tracking the copyright own- er’s distribution channel and not for the purpose of verifying that a copy or phono- record is noninfringing; (5) the term ‘‘documentation or packaging’’ means documentation or packaging, in phys- ical form, for a phonorecord, copy of a com- puter program, copy of a motion picture or other audiovisual work, copy of a literary work, copy of a pictorial, graphic, or sculp- tural work, or work of visual art; and (6) the term ‘‘counterfeit documentation or packaging’’ means documentation or pack- aging that appears to be genuine, but is not. (c) The circumstances referred to in sub- section (a) of this section are— (1) the offense is committed within the spe- cial maritime and territorial jurisdiction of Page 575 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2318 the United States; or within the special air- craft jurisdiction of the United States (as de- fined in section 46501 of title 49); (2) the mail or a facility of interstate or for- eign commerce is used or intended to be used in the commission of the offense; (3) the counterfeit label or illicit label is af- fixed to, encloses, or accompanies, or is de- signed to be affixed to, enclose, or accom- pany— (A) a phonorecord of a copyrighted sound recording or copyrighted musical work; (B) a copy of a copyrighted computer pro- gram; (C) a copy of a copyrighted motion picture or other audiovisual work; (D) a copy of a literary work; (E) a copy of a pictorial, graphic, or sculp- tural work; (F) a work of visual art; or (G) copyrighted documentation or pack- aging; or (4) the counterfeited documentation or pack- aging is copyrighted. (d) FORFEITURE AND DESTRUCTION OF PROP- ERTY; RESTITUTION.—Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323, to the extent provided in that section, in addition to any other similar remedies provided by law. (e) CIVIL REMEDIES.— (1) IN GENERAL.—Any copyright owner who is injured, or is threatened with injury, by a vio- lation of subsection (a) may bring a civil ac- tion in an appropriate United States district court. (2) DISCRETION OF COURT.—In any action brought under paragraph (1), the court— (A) may grant 1 or more temporary or per- manent injunctions on such terms as the court determines to be reasonable to prevent or restrain a violation of subsection (a); (B) at any time while the action is pend- ing, may order the impounding, on such terms as the court determines to be reason- able, of any article that is in the custody or control of the alleged violator and that the court has reasonable cause to believe was in- volved in a violation of subsection (a); and (C) may award to the injured party— (i) reasonable attorney fees and costs; and (ii)(I) actual damages and any additional profits of the violator, as provided in para- graph (3); or (II) statutory damages, as provided in paragraph (4). (3) ACTUAL DAMAGES AND PROFITS.— (A) IN GENERAL.—The injured party is enti- tled to recover— (i) the actual damages suffered by the in- jured party as a result of a violation of subsection (a), as provided in subparagraph (B) of this paragraph; and (ii) any profits of the violator that are attributable to a violation of subsection (a) and are not taken into account in com- puting the actual damages. (B) CALCULATION OF DAMAGES.—The court shall calculate actual damages by multi- plying— (i) the value of the phonorecords, copies, or works of visual art which are, or are in- tended to be, affixed with, enclosed in, or accompanied by any counterfeit labels, il- licit labels, or counterfeit documentation or packaging, by (ii) the number of phonorecords, copies, or works of visual art which are, or are in- tended to be, affixed with, enclosed in, or accompanied by any counterfeit labels, il- licit labels, or counterfeit documentation or packaging. (C) DEFINITION.—For purposes of this para- graph, the ‘‘value’’ of a phonorecord, copy, or work of visual art is— (i) in the case of a copyrighted sound re- cording or copyrighted musical work, the retail value of an authorized phonorecord of that sound recording or musical work; (ii) in the case of a copyrighted com- puter program, the retail value of an au- thorized copy of that computer program; (iii) in the case of a copyrighted motion picture or other audiovisual work, the re- tail value of an authorized copy of that motion picture or audiovisual work; (iv) in the case of a copyrighted literary work, the retail value of an authorized copy of that literary work; (v) in the case of a pictorial, graphic, or sculptural work, the retail value of an au- thorized copy of that work; and (vi) in the case of a work of visual art, the retail value of that work. (4) STATUTORY DAMAGES.—The injured party may elect, at any time before final judgment is rendered, to recover, instead of actual dam- ages and profits, an award of statutory dam- ages for each violation of subsection (a) in a sum of not less than $2,500 or more than $25,000, as the court considers appropriate. (5) SUBSEQUENT VIOLATION.—The court may increase an award of damages under this sub- section by 3 times the amount that would oth- erwise be awarded, as the court considers ap- propriate, if the court finds that a person has subsequently violated subsection (a) within 3 years after a final judgment was entered against that person for a violation of that sub- section. (6) LIMITATION ON ACTIONS.—A civil action may not be commenced under this subsection unless it is commenced within 3 years after the date on which the claimant discovers the violation of subsection (a). (Added Pub. L. 87–773, § 1, Oct. 9, 1962, 76 Stat. 775; amended Pub. L. 93–573, title I, § 103, Dec. 31, 1974, 88 Stat. 1873; Pub. L. 94–553, title I, § 111, Oct. 19, 1976, 90 Stat. 2600; Pub. L. 97–180, § 2, May 24, 1982, 96 Stat. 91; Pub. L. 101–647, title XXXV, § 3567, Nov. 29, 1990, 104 Stat. 4928; Pub. L. 103–272, § 5(e)(10), July 5, 1994, 108 Stat. 1374; Pub. L. 103–322, title XXXIII, § 330016(1)(U), Sept. 13, 1994, 108 Stat. 2148; Pub. L. 104–153, § 4(a), (b)(1), July 2, 1996, 110 Stat. 1386, 1387; Pub. L. 108–482, title I, § 102(a), (b), Dec. 23, 2004, 118 Stat. 3912, 3914; Pub. L. 109–181, § 2(c)(2), Mar. 16, 2006, 120 Stat. 288; Pub. L. 110–403, title II, § 202, Oct. 13, 2008, 122 Stat. 4260; Pub. L. 111–295, § 6(i), Dec. 9, 2010, 124 Stat. 3182; Pub. L. 114–154, § 3(1), May 16, 2016, 130 Stat. 387.) Page 576 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2318 Editorial Notes AMENDMENTS 2016—Subsec. (b)(2). Pub. L. 114–154 substituted ‘‘sec- tion 2320(f)’’ for ‘‘section 2320(e)’’. 2010—Subsec. (e)(6). Pub. L. 111–295 substituted ‘‘under this subsection’’ for ‘‘under section’’. 2008—Subsec. (a). Pub. L. 110–403, § 202(1), designated existing provisions as par. (1) and redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and former subpars. (A) to (G) as cls. (i) to (vii), respectively, of subpar. (A). Subsec. (d). Pub. L. 110–403, § 202(2), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: ‘‘When any person is convicted of any violation of subsection (a), the court in its judgment of convic- tion shall in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposi- tion of all counterfeit labels or illicit labels and all ar- ticles to which counterfeit labels or illicit labels have been affixed or which were intended to have had such labels affixed, and of any equipment, device, or mate- rial used to manufacture, reproduce, or assemble the counterfeit labels or illicit labels.’’ Subsecs. (e), (f). Pub. L. 110–403, § 202(3), redesignated subsec. (f) as (e) and struck out former subsec. (e) which read as follows: ‘‘Except to the extent they are inconsistent with the provisions of this title, all provi- sions of section 509, title 17, United States Code, are ap- plicable to violations of subsection (a).’’ 2006—Subsec. (b)(2). Pub. L. 109–181 added par. (2) and struck out former par. (2) which read as follows: ‘‘the term ‘traffic’ means to transport, transfer or otherwise dispose of, to another, as consideration for anything of value or to make or obtain control of with intent to so transport, transfer or dispose of;’’. 2004—Pub. L. 108–482, § 102(a)(1), substituted ‘‘Traf- ficking in counterfeit labels, illicit labels, or counter- feit documentation or packaging’’ for ‘‘Trafficking in counterfeit labels for phonorecords, copies of computer programs or computer program documentation or packaging, and copies of motion pictures or other audio visual works, and trafficking in counterfeit computer program documentation or packaging’’ in section catchline. Subsec. (a). Pub. L. 108–482, § 102(a)(2), added subsec. (a) and struck out former subsec. (a) which read as fol- lows: ‘‘Whoever, in any of the circumstances described in subsection (c) of this section, knowingly traffics in a counterfeit label affixed or designed to be affixed to a phonorecord, or a copy of a computer program or doc- umentation or packaging for a computer program, or a copy of a motion picture or other audiovisual work, and whoever, in any of the circumstances described in subsection (c) of this section, knowingly traffics in counterfeit documentation or packaging for a com- puter program, shall be fined under this title or impris- oned for not more than five years, or both.’’ Subsec. (b)(2). Pub. L. 108–482, § 102(a)(3)(A), struck out ‘‘and’’ after the semicolon at end. Subsec. (b)(3). Pub. L. 108–482, § 102(a)(3)(B), sub- stituted ‘‘ ‘audiovisual work’, ‘literary work’, ‘pictorial, graphic, or sculptural work’, ‘sound recording’, ‘work of visual art’, and ‘copyright owner’ have’’ for ‘‘and ‘audiovisual work’ have’’ and a semicolon for the period at end. Subsec. (b)(4) to (6). Pub. L. 108–482, § 102(a)(3)(C), added pars. (4) to (6). Subsec. (c)(3). Pub. L. 108–482, § 102(a)(4)(A), added par. (3) and struck former par. (3) which read as follows: ‘‘the counterfeit label is affixed to or encloses, or is de- signed to be affixed to or enclose, a copy of a copy- righted computer program or copyrighted documenta- tion or packaging for a computer program, a copy- righted motion picture or other audiovisual work, or a phonorecord of a copyrighted sound recording; or’’. Subsec. (c)(4). Pub. L. 108–482, § 102(a)(4)(B), struck out ‘‘for a computer program’’ after ‘‘packaging’’. Subsec. (d). Pub. L. 108–482, § 102(a)(5), inserted ‘‘or il- licit labels’’ after ‘‘counterfeit labels’’ in two places and inserted ‘‘, and of any equipment, device, or mate- rial used to manufacture, reproduce, or assemble the counterfeit labels or illicit labels’’ before period at end. Subsec. (f). Pub. L. 108–482, § 102(b), added subsec. (f). 1996—Pub. L. 104–153, § 4(b)(1), substituted ‘‘Traf- ficking in counterfeit labels for phonorecords, copies of computer programs or computer program documenta- tion or packaging, and copies of motion pictures or other audio visual works, and trafficking in counterfeit computer program documentation or packaging’’ for ‘‘Trafficking in counterfeit labels for phonorecords and copies of motion pictures or other audiovisual works’’ in section catchline. Subsec. (a). Pub. L. 104–153, § 4(a)(1), substituted ‘‘a computer program or documentation or packaging for a computer program, or a copy of a motion picture or other audiovisual work, and whoever, in any of the cir- cumstances described in subsection (c) of this section, knowingly traffics in counterfeit documentation or packaging for a computer program,’’ for ‘‘a motion pic- ture or other audiovisual work,’’. Subsec. (b)(3). Pub. L. 104–153, § 4(a)(2), inserted ‘‘ ‘computer program’,’’ after ‘‘ ‘motion picture’,’’. Subsec. (c)(2). Pub. L. 104–153, § 4(a)(3)(A), struck out ‘‘or’’ at end. Subsec. (c)(3). Pub. L. 104–153, § 4(a)(3)(B), inserted ‘‘a copy of a copyrighted computer program or copy- righted documentation or packaging for a computer program,’’ after ‘‘enclose,’’ and substituted ‘‘; or’’ for period at end. Subsec. (c)(4). Pub. L. 104–153, § 4(a)(3)(C), added par. (4). 1994—Subsec. (a). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $250,000’’. Subsec. (c)(1). Pub. L. 103–272 substituted ‘‘section 46501 of title 49’’ for ‘‘section 101 of the Federal Avia- tion Act of 1958’’. 1990—Pub. L. 101–647 struck out comma after ‘‘phonorecords’’ in section catchline. 1982—Pub. L. 97–180 substituted ‘‘Trafficking in coun- terfeit labels for phonorecords, and copies of motion pictures or other audiovisual works’’ for ‘‘Transpor- tation, sale or receipt of phonograph records bearing forged or counterfeit labels’’ in section catchline. Subsec. (a). Pub. L. 97–180 substituted provision that violators of this section shall be fined not more than $250,000 or imprisoned for not more than five years or both for provision that whoever knowingly and with fraudulent intent transported, caused to be trans- ported, received, sold, or offered for sale in interstate or foreign commerce any phonograph record, disk, wire, tape, film, or other article on which sounds were re- corded, to which or upon which was stamped, pasted, or affixed any forged or counterfeited label, knowing the label to have been falsely made, forged, or counter- feited would be fined not more than $10,000 or impris- oned for not more than one year, or both, for the first such offense and would be fined not more than $25,000 or imprisoned for not more than two years, or both, for any subsequent offense. Subsecs. (b) to (e). Pub. L. 97–180 added subsecs. (b) and (c), redesignated former subsecs. (b) and (c) as (d) and (e), respectively, and in subsec. (d) as so redesig- nated struck out the comma after ‘‘judgment of convic- tion shall’’. 1976—Pub. L. 94–553 designated existing provisions as subsec. (a) and substituted ‘‘$10,000’’ for ‘‘$25,000’’ and ‘‘$25,000’’ for ‘‘$50,000’’, and added subsecs. (b) and (c). 1974—Pub. L. 93–573 substituted ‘‘not more than $25,000 or imprisoned for not more than one year, or both, for the first offense and shall be fined not more than $50,000 or imprisoned not more than 2 years, or both, for any subsequent offense’’ for ‘‘not more than $1,000 or imprisoned not more than one year or both’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–553 effective Jan. 1, 1978, see section 102 of Pub. L. 94–553, set out as a note pre- ceding section 101 of Title 17, Copyrights. Page 577 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2319 OTHER RIGHTS NOT AFFECTED BY ANTI-COUNTERFEITING PROVISIONS Pub. L. 108–482, title I, § 103, Dec. 23, 2004, 118 Stat. 3915, provided that: ‘‘(a) CHAPTERS 5 AND 12 OF TITLE 17; ELECTRONIC TRANSMISSIONS.—The amendments made by this title [amending this section]— ‘‘(1) shall not enlarge, diminish, or otherwise affect any liability or limitations on liability under sec- tions 512, 1201 or 1202 of title 17, United States Code; and ‘‘(2) shall not be construed to apply— ‘‘(A) in any case, to the electronic transmission of a genuine certificate, licensing document, registra- tion card, similar labeling component, or docu- mentation or packaging described in paragraph (4) or (5) of section 2318(b) of title 18, United States Code, as amended by this title; and ‘‘(B) in the case of a civil action under section 2318(f) [now 2318(e)] of title 18, United States Code, to the electronic transmission of a counterfeit label or counterfeit documentation or packaging defined in paragraph (1) or (6) of section 2318(b) of title 18, United States Code. ‘‘(b) FAIR USE.—The amendments made by this title shall not affect the fair use, under section 107 of title 17, United States Code, of a genuine certificate, licens- ing document, registration card, similar labeling com- ponent, or documentation or packaging described in paragraph (4) or (5) of section 2318(b) of title 18, United States Code, as amended by this title.’’ § 2319. Criminal infringement of a copyright (a) Any person who violates section 506(a) (re- lating to criminal offenses) of title 17 shall be punished as provided in subsections (b), (c), and (d) and such penalties shall be in addition to any other provisions of title 17 or any other law. (b) Any person who commits an offense under section 506(a)(1)(A) of title 17— (1) shall be imprisoned not more than 5 years, or fined in the amount set forth in this title, or both, if the offense consists of the re- production or distribution, including by elec- tronic means, during any 180-day period, of at least 10 copies or phonorecords, of 1 or more copyrighted works, which have a total retail value of more than $2,500; (2) shall be imprisoned not more than 10 years, or fined in the amount set forth in this title, or both, if the offense is a felony and is a second or subsequent offense under sub- section (a); and (3) shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, in any other case. (c) Any person who commits an offense under section 506(a)(1)(B) of title 17— (1) shall be imprisoned not more than 3 years, or fined in the amount set forth in this title, or both, if the offense consists of the re- production or distribution of 10 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of $2,500 or more; (2) shall be imprisoned not more than 6 years, or fined in the amount set forth in this title, or both, if the offense is a felony and is a second or subsequent offense under sub- section (a); and (3) shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, if the offense consists of the reproduc- tion or distribution of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000. (d) Any person who commits an offense under section 506(a)(1)(C) of title 17— (1) shall be imprisoned not more than 3 years, fined under this title, or both; (2) shall be imprisoned not more than 5 years, fined under this title, or both, if the of- fense was committed for purposes of commer- cial advantage or private financial gain; (3) shall be imprisoned not more than 6 years, fined under this title, or both, if the of- fense is a felony and is a second or subsequent offense under subsection (a); and (4) shall be imprisoned not more than 10 years, fined under this title, or both, if the of- fense is a felony and is a second or subsequent offense under paragraph (2). (e)(1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the of- fense shall be permitted to submit, and the pro- bation officer shall receive, a victim impact statement that identifies the victim of the of- fense and the extent and scope of the injury and loss suffered by the victim, including the esti- mated economic impact of the offense on that victim. (2) Persons permitted to submit victim impact statements shall include— (A) producers and sellers of legitimate works affected by conduct involved in the offense; (B) holders of intellectual property rights in such works; and (C) the legal representatives of such pro- ducers, sellers, and holders. (f) As used in this section— (1) the terms ‘‘phonorecord’’ and ‘‘copies’’ have, respectively, the meanings set forth in section 101 (relating to definitions) of title 17; (2) the terms ‘‘reproduction’’ and ‘‘distribu- tion’’ refer to the exclusive rights of a copy- right owner under clauses (1) and (3) respec- tively of section 106 (relating to exclusive rights in copyrighted works), as limited by sections 107 through 122, of title 17; (3) the term ‘‘financial gain’’ has the mean- ing given the term in section 101 of title 17; and (4) the term ‘‘work being prepared for com- mercial distribution’’ has the meaning given the term in section 506(a) of title 17. (Added Pub. L. 97–180, § 3, May 24, 1982, 96 Stat. 92; amended Pub. L. 102–561, Oct. 28, 1992, 106 Stat. 4233; Pub. L. 105–80, § 12(b)(2), Nov. 13, 1997, 111 Stat. 1536; Pub. L. 105–147, § 2(d), Dec. 16, 1997, 111 Stat. 2678; Pub. L. 107–273, div. C, title III, § 13211(a), Nov. 2, 2002, 116 Stat. 1910; Pub. L. 109–9, title I, § 103(b), Apr. 27, 2005, 119 Stat. 220; Pub. L. 110–403, title II, § 208, Oct. 13, 2008, 122 Stat. 4263.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Criminal Procedure, referred to in subsec. (e)(1), are set out in the Appendix to this title.