18 U.S.C. § 3556 — Order of restitution

Page 802 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3554 ‘‘(D) to ensure that Department of Justice attor- neys promptly notify the designated Department of Justice component in Washington concerning such adverse sentencing decisions; and ‘‘(E) to ensure the vigorous pursuit of appropriate and meritorious appeals of such adverse decisions. ‘‘(2) REPORT REQUIRED.— ‘‘(A) IN GENERAL.—Not later than 15 days after a district court’s grant of a downward departure in any case, other than a case involving a downward depar- ture for substantial assistance to authorities pursu- ant to section 5K1.1 of the United States Sentencing Guidelines, the Attorney General shall submit a re- port to the Committees on the Judiciary of the House of Representatives and the Senate containing the in- formation described under subparagraph (B). ‘‘(B) CONTENTS.—The report submitted pursuant to subparagraph (A) shall set forth— ‘‘(i) the case; ‘‘(ii) the facts involved; ‘‘(iii) the identity of the district court judge; ‘‘(iv) the district court’s stated reasons, whether or not the court provided the United States with advance notice of its intention to depart; and ‘‘(v) the position of the parties with respect to the downward departure, whether or not the United States has filed, or intends to file, a motion for re- consideration. ‘‘(C) APPEAL OF THE DEPARTURE.—Not later than 5 days after a decision by the Solicitor General regard- ing the authorization of an appeal of the departure, the Attorney General shall submit a report to the Committees on the Judiciary of the House of Rep- resentatives and the Senate that describes the deci- sion of the Solicitor General and the basis for such decision. ‘‘(3) EFFECTIVE DATE.—Paragraph (2) shall take effect on the day that is 91 days after the date of enactment of this Act [Apr. 30, 2003], except that such paragraph shall not take effect if not more than 90 days after the date of enactment of this Act the Attorney General has submitted to the Judiciary Committees of the House of Representatives and the Senate the report described in paragraph (3).’’ AUTHORITY TO LOWER A SENTENCE BELOW STATUTORY MINIMUM FOR OLD OFFENSES Pub. L. 100–182, § 24, Dec. 7, 1987, 101 Stat. 1271, pro- vided that: ‘‘Notwithstanding section 235 of the Com- prehensive Crime Control Act of 1984 [section 235 of Pub. L. 98–473, set out as a note under section 3551 of this title]— ‘‘(1) section 3553(e) of title 18, United States Code; ‘‘(2) rule 35(b) of the Federal Rules of Criminal Pro- cedure as amended by section 215(b) of such Act [set out in the Appendix to this title]; and ‘‘(3) rule 35(b) as in effect before the taking effect of the initial set of guidelines promulgated by the United States Sentencing Commission pursuant to chapter 58 of title 28, United States Code, shall apply in the case of an offense committed before the taking effect of such guidelines.’’ § 3554. Order of criminal forfeiture The court, in imposing a sentence on a defend- ant who has been found guilty of an offense de- scribed in section 1962 of this title or in title II or III of the Comprehensive Drug Abuse Preven- tion and Control Act of 1970 shall order, in addi- tion to the sentence that is imposed pursuant to the provisions of section 3551, that the defendant forfeit property to the United States in accord- ance with the provisions of section 1963 of this title or section 413 of the Comprehensive Drug Abuse and Control Act of 1970. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1990.) Editorial Notes REFERENCES IN TEXT The Comprehensive Drug Abuse Prevention and Con- trol Act of 1970, referred to in text, is Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1236. Title II of this Act, known as the Controlled Substances Act, is classified prin- cipally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. Title III of this Act, known as the Controlled Substances Import and Export Act, is classified principally to subchapter II (§ 951 et seq.) of chapter 13 of Title 21. Section 413 of this Act is classi- fied to section 853 of Title 21. For complete classifica- tion of this Act to the Code, see Short Title note set out under sections 801 and 951 of Title 21 and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this sec- tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. § 3555. Order of notice to victims The court, in imposing a sentence on a defend- ant who has been found guilty of an offense in- volving fraud or other intentionally deceptive practices, may order, in addition to the sentence that is imposed pursuant to the provisions of section 3551, that the defendant give reasonable notice and explanation of the conviction, in such form as the court may approve, to the vic- tims of the offense. The notice may be ordered to be given by mail, by advertising in designated areas or through designated media, or by other appropriate means. In determining whether to require the defendant to give such notice, the court shall consider the factors set forth in sec- tion 3553(a) to the extent that they are applica- ble and shall consider the cost involved in giving the notice as it relates to the loss caused by the offense, and shall not require the defendant to bear the costs of notice in excess of $20,000. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1991.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this sec- tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. § 3556. Order of restitution The court, in imposing a sentence on a defend- ant who has been found guilty of an offense shall order restitution in accordance with section 3663A, and may order restitution in accordance with section 3663. The procedures under section 3664 shall apply to all orders of restitution under this section. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1991; amended Pub. L. 99–646, § 20(b), Nov. 10, 1986, 100 Stat. 3596; Pub. L. 104–132, title II, § 202, Apr. 24, 1996, 110 Stat. 1227.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–132 substituted ‘‘shall order restitu- tion’’ for ‘‘may order restitution’’ and ‘‘section 3663A, Page 803 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3559 and may order restitution in accordance with section 3663. The procedures under section 3664 shall apply to all orders of restitution under this section’’ for ‘‘sec- tions 3663 and 3664’’. 1986—Pub. L. 99–646 substituted ‘‘may order restitu- tion in accordance with sections 3663 and 3664’’ for ‘‘under this title, or an offense under section 902(h), (i), (j), or (n) of the Federal Aviation Act of 1958 (49 U.S.C. 1472), may order, in addition to the sentence that is im- posed pursuant to the provisions of section 3551, that the defendant make restitution to any victim of the of- fense in accordance with the provisions of sections 3663 and 3664’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–132 to be effective, to ex- tent constitutionally permissible, for sentencing pro- ceedings in cases in which defendant is convicted on or after Apr. 24, 1996, see section 211 of Pub. L. 104–132, set out as a note under section 2248 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–646, § 20(c), Nov. 10, 1986, 100 Stat. 3596, pro- vided that: ‘‘The amendments made by this section [amending this section and section 3663 of this title] shall take effect on the date of the taking effect of sec- tion 212(a)(2) of the Sentencing Reform Act of 1984 [sec- tion 212(a)(2) of Pub. L. 98–473, effective Nov. 1, 1987].’’ EFFECTIVE DATE Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this sec- tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. § 3557. Review of a sentence The review of a sentence imposed pursuant to section 3551 is governed by the provisions of sec- tion 3742. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1991.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this sec- tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. § 3558. Implementation of a sentence The implementation of a sentence imposed pursuant to section 3551 is governed by the pro- visions of chapter 229. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1991.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this sec- tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. § 3559. Sentencing classification of offenses (a) CLASSIFICATION.—An offense that is not specifically classified by a letter grade in the section defining it, is classified if the maximum term of imprisonment authorized is— (1) life imprisonment, or if the maximum penalty is death, as a Class A felony; (2) twenty-five years or more, as a Class B felony; (3) less than twenty-five years but ten or more years, as a Class C felony; (4) less than ten years but five or more years, as a Class D felony; (5) less than five years but more than one year, as a Class E felony; (6) one year or less but more than six months, as a Class A misdemeanor; (7) six months or less but more than thirty days, as a Class B misdemeanor; (8) thirty days or less but more than five days, as a Class C misdemeanor; or (9) five days or less, or if no imprisonment is authorized, as an infraction. (b) EFFECT OF CLASSIFICATION.—Except as pro- vided in subsection (c), an offense classified under subsection (a) carries all the incidents as- signed to the applicable letter designation, ex- cept that the maximum term of imprisonment is the term authorized by the law describing the offense. (c) IMPRISONMENT OF CERTAIN VIOLENT FEL- ONS.— (1) MANDATORY LIFE IMPRISONMENT.—Not- withstanding any other provision of law, a per- son who is convicted in a court of the United States of a serious violent felony shall be sen- tenced to life imprisonment if— (A) the person has been convicted (and those convictions have become final) on sep- arate prior occasions in a court of the United States or of a State of— (i) 2 or more serious violent felonies; or (ii) one or more serious violent felonies and one or more serious drug offenses; and (B) each serious violent felony or serious drug offense used as a basis for sentencing under this subsection, other than the first, was committed after the defendant’s convic- tion of the preceding serious violent felony or serious drug offense. (2) DEFINITIONS.—For purposes of this sub- section— (A) the term ‘‘assault with intent to com- mit rape’’ means an offense that has as its elements engaging in physical contact with another person or using or brandishing a weapon against another person with intent to commit aggravated sexual abuse or sexual abuse (as described in sections 2241 and 2242); (B) the term ‘‘arson’’ means an offense that has as its elements maliciously dam- aging or destroying any building, inhabited structure, vehicle, vessel, or real property by means of fire or an explosive; (C) the term ‘‘extortion’’ means an offense that has as its elements the extraction of anything of value from another person by threatening or placing that person in fear of injury to any person or kidnapping of any person; (D) the term ‘‘firearms use’’ means an of- fense that has as its elements those de- scribed in section 924(c) or 929(a), if the fire- arm was brandished, discharged, or other- wise used as a weapon and the crime of vio- lence or drug trafficking crime during and relation to which the firearm was used was