18 U.S.C. § 3661 — Use of information for sentencing

Page 865 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3662 1958, Pub. L. 85–741, 72 Stat. 834; Oct. 22, 1970, Pub. L. 91–492, § 1, 84 Stat. 1090; May 11, 1972, Pub. L. 92–293, § 1, 86 Stat. 136; Oct. 27, 1978, Pub. L. 95–537, § 2, 92 Stat. 2038; Oct. 12, 1984, Pub. L. 98–473, title II, §§ 235(a)(1), 238(b), (c), (i), 98 Stat. 2031, 2038, 2039; Oct. 30, 1984, Pub. L. 98–596, §§ 4, 12(a)(2), (3), (9), (b), 98 Stat. 3136, 3139, 3140, related to suspension of sentence and probation. Section 3652, act June 25, 1948, ch. 645, 62 Stat. 842, re- lated to probation—(Rule). Section 3653, acts June 25, 1948, ch. 645, 62 Stat. 842; May 24, 1949, ch. 139, § 56, 63 Stat. 96, related to report of probation officer and arrest of probationer. Section 3654, acts June 25, 1948, ch. 645, 62 Stat. 843; Aug. 2, 1949, ch. 383, § 2, 63 Stat. 491, related to appoint- ment and removal of probation officers. Section 3655, acts June 25, 1948, ch. 645, 62 Stat. 843; Mar. 15, 1976, Pub. L. 94–233, § 14, 90 Stat. 233; Oct. 12, 1984, Pub. L. 98–473, title II, §§ 235(a)(1), 238(d), (i), 98 Stat. 2031, 2038, 2039; Oct. 30, 1984, Pub. L. 98–596, §§ 5, 12(a)(4), (9), (b), 98 Stat. 3136, 3139, 3140, related to duties of probation officers. Section 3656 renumbered section 3672 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such re- peal, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title. CHAPTER 232—MISCELLANEOUS SENTENCING PROVISIONS Sec. 3661. Use of information for sentencing. 3662. Conviction records. 3663. Order of restitution. 3663A. Mandatory restitution to victims of certain crimes. 3664. Procedure for issuance and enforcement of order of restitution. 3665. Firearms possessed by convicted felons. 3666. Bribe moneys. 3667. Liquors and related property; definitions. 3668. Remission or mitigation of forfeitures under liquor laws; possession pending trial. 3669. Conveyances carrying liquor. 3670. Disposition of conveyances seized for viola- tion of the Indian liquor laws. 3671. Vessels carrying explosives and steerage pas- sengers. 3672. Duties of Director of Administrative Office of the United States Courts. 3673. Definitions for sentencing provisions. Editorial Notes AMENDMENTS 1996—Pub. L. 104–132, title II, §§ 204(b), 206(b), Apr. 24, 1996, 110 Stat. 1229, 1236, added item 3663A and sub- stituted ‘‘issuance and enforcement of order of restitu- tion’’ for ‘‘issuing order of restitution’’ in item 3664. 1990—Pub. L. 101–647, title XXXV, § 3594, Nov. 29, 1990, 104 Stat. 4931, substituted ‘‘Conveyances’’ for ‘‘Convey- ance’’ in item 3669. 1984—Pub. L. 98–473, title II, §§ 212(a)(5), 235(a)(1), Oct. 12, 1984, 98 Stat. 2010, 2031, as amended, added chapter heading and analysis of sections for chapter 232 con- sisting of items 3661 to 3673, effective Nov. 1, 1987. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 98–473, title II, §§ 212(a)(1), (3)–(5), 235(a)(1), Oct. 12, 1984, 98 Stat. 1987, 2010, 2031, as amended, en- acted heading, analysis, and section 3673 of this chapter (§§ 3661 to 3673), provided that sections 3577, 3578, 3579, 3580, 3611, 3612, 3615, 3617, 3618, 3619, 3620, and 3656 of this title are renumbered as sections 3661, 3662, 3663, 3664, 3665, 3666, 3667, 3668, 3669, 3670, 3671, and 3672, respec- tively, of this chapter, and amended section 3663 of this chapter, effective Nov. 1, 1987, and applicable only to of- fenses committed after the taking effect of this chap- ter. Section 235 of Pub. L. 98–473, as amended, relating to effective dates, is set out as a note under section 3551 of this title. § 3661. Use of information for sentencing No limitation shall be placed on the informa- tion 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 ap- propriate sentence. (Added Pub. L. 91–452, title X, § 1001(a), Oct. 15, 1970, 84 Stat. 951, § 3577; renumbered § 3661, Pub. L. 98–473, title II, § 212(a)(1), Oct. 12, 1984, 98 Stat. 1987.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–421, § 1, Oct. 12, 1990, 104 Stat. 909, provided that: ‘‘This Act [amending provisions set out as a note under section 3672 of this title] may be cited as the ‘Drug and Alcohol Dependent Offenders Treatment Act of 1989’.’’ SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–570, title I, § 1861(a), Oct. 27, 1986, 100 Stat. 3207–53, provided that: ‘‘This section [amending sec- tions 3672 and 4255 of this title, enacting provisions set out as a note under section 3672 of this title, and amending provisions set out as a note under section 4255 of this title] may be cited as the ‘Drug and Alcohol Dependent Offenders Treatment Act of 1986’.’’ § 3662. Conviction records (a) The Attorney General of the United States is authorized to establish in the Department of Justice a repository for records of convictions and determinations of the validity of such con- victions. (b) Upon the conviction thereafter of a defend- ant in a court of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, any political subdivision, or any department, agency, or instrumentality thereof for an of- fense punishable in such court by death or im- prisonment in excess of one year, or a judicial determination of the validity of such conviction on collateral review, the court shall cause a cer- tified record of the conviction or determination to be made to the repository in such form and containing such information as the Attorney General of the United States shall by regulation prescribe. (c) Records maintained in the repository shall not be public records. Certified copies thereof— (1) may be furnished for law enforcement purposes on request of a court or law enforce- ment or corrections officer of the United States, the District of Columbia, the Common- wealth of Puerto Rico, a territory or posses- sion of the United States, any political sub- division, or any department, agency, or instru- mentality thereof; (2) may be furnished for law enforcement purposes on request of a court or law enforce-