18 U.S.C. § 3581 — Sentence of imprisonment

Page 815 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3582 1 So in original. Probably should not appear. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1997.) Editorial Notes PRIOR PROVISIONS For prior sections 3574 to 3580, applicable to offenses committed prior to Nov. 1, 1987, see note set out pre- ceding section 3551 of this title. 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. SUBCHAPTER D—IMPRISONMENT SUBCHAPTER D—IMPRISONMENT 1 Sec. 3581. Sentence of imprisonment. 3582. Imposition of a sentence of imprisonment. 3583. Inclusion of a term of supervised release after imprisonment. 3584. Multiple sentences of imprisonment. 3585. Calculation of a term of imprisonment. 3586. Implementation of a sentence of imprison- ment. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322, title XXXIII, § 330010(3), Sept. 13, 1994, 108 Stat. 2143, transferred analysis of this sub- chapter to follow heading for this subchapter. § 3581. Sentence of imprisonment (a) IN GENERAL.—A defendant who has been found guilty of an offense may be sentenced to a term of imprisonment. (b) AUTHORIZED TERMS.—The authorized terms of imprisonment are— (1) for a Class A felony, the duration of the defendant’s life or any period of time; (2) for a Class B felony, not more than twen- ty-five years; (3) for a Class C felony, not more than twelve years; (4) for a Class D felony, not more than six years; (5) for a Class E felony, not more than three years; (6) for a Class A misdemeanor, not more than one year; (7) for a Class B misdemeanor, not more than six months; (8) for a Class C misdemeanor, not more than thirty days; and (9) for an infraction, not more than five days. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1998.) 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. § 3582. Imposition of a sentence of imprisonment (a) FACTORS TO BE CONSIDERED IN IMPOSING A TERM OF IMPRISONMENT.—The court, in deter- mining whether to impose a term of imprison- ment, and, if a term of imprisonment is to be imposed, in determining the length of the term, shall consider the factors set forth in section 3553(a) to the extent that they are applicable, recognizing that imprisonment is not an appro- priate means of promoting correction and reha- bilitation. In determining whether to make a recommendation concerning the type of prison facility appropriate for the defendant, the court shall consider any pertinent policy statements issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(2). (b) EFFECT OF FINALITY OF JUDGMENT.—Not- withstanding the fact that a sentence to impris- onment can subsequently be— (1) modified pursuant to the provisions of subsection (c); (2) corrected pursuant to the provisions of rule 35 of the Federal Rules of Criminal Proce- dure and section 3742; or (3) appealed and modified, if outside the guideline range, pursuant to the provisions of section 3742; a judgment of conviction that includes such a sentence constitutes a final judgment for all other purposes. (c) MODIFICATION OF AN IMPOSED TERM OF IM- PRISONMENT.—The court may not modify a term of imprisonment once it has been imposed ex- cept that— (1) in any case— (A) the court, upon motion of the Director of the Bureau of Prisons, or upon motion of the defendant after the defendant has fully exhausted all administrative rights to ap- peal a failure of the Bureau of Prisons to bring a motion on the defendant’s behalf or the lapse of 30 days from the receipt of such a request by the warden of the defendant’s facility, whichever is earlier, may reduce the term of imprisonment (and may impose a term of probation or supervised release with or without conditions that does not exceed the unserved portion of the original term of imprisonment), after considering the factors set forth in section 3553(a) to the extent that they are applicable, if it finds that— (i) extraordinary and compelling reasons warrant such a reduction; or (ii) the defendant is at least 70 years of age, has served at least 30 years in prison, pursuant to a sentence imposed under sec- tion 3559(c), for the offense or offenses for which the defendant is currently impris- oned, and a determination has been made by the Director of the Bureau of Prisons that the defendant is not a danger to the safety of any other person or the commu- nity, as provided under section 3142(g); and that such a reduction is consistent with applicable policy statements issued by the Sentencing Commission; and (B) the court may modify an imposed term of imprisonment to the extent otherwise ex- pressly permitted by statute or by Rule 35 of the Federal Rules of Criminal Procedure; and