Page:United States Statutes at Large Volume 100 Part 4.djvu/286

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100 STAT. 3207-7
PUBLIC LAW 99-000—MMMM. DD, 1986
100 STAT. 3207-7

100 STAT. 3207-7

PUBLIC LAW 99-570—OCT. 27, 1986

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18 USC app. 18 USC 3583 note.

(B) in paragraph (2) by striking out "or" after the semicolon; (C) in paragraph (3) by striking out "title." and inserting "title; or" in lieu thereof; and (D) by inserting the following new paragraph after paragraph (3): "(4) revoke a term of supervised release, and require the person to serve in prison all or part of the term of supervised release without credit for time previously served on '^; postrelease supervision, if it finds by a preponderance of the evidence that the person violated a condition of supervised

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release, pursuant to the provisions of the Federal Rules of Criminal Procedure that are applicable to probation revocation and to the provisions of applicable policy statements issued by the Sentencing Commission.". (4) The amendments made by this subsection shall take effect on the date of the taking effect of section 3583 of title 18, United States Code. (b) Paragraph (3) of section 994(a) of title 28, United States Code, is amended by inserting "and revocation of supervised release" after "supervised release". (c) Section 511 of title II of the Comprehensive Drug Abuse Prevention Act of 1978 (21 U.S.C. 881) is amended— (1) in subsection (f) by inserting "or 11" after "I" each place it appears; (2) by redesignating subsection (f) as subsection (f)(1); and (3) by inserting the following new paragraph after subsection (f)(1) as so redesignated: "(2) The Attorney General may direct the destruction of all controlled substances in schedule I or II seized for violation of this title under such circumstances as the Attorney General may deem necessary.". SEC. 1007. AMENDMENT TO TITLE 18 OF THE UNITED STATES CODE.

(a) Section 3553 of title 18, United States Code, is amended by adding the following at the end thereof: "(e) LIMITED AUTHORITY TO IMPOSE A SENTENCE BELOW A STATU-

Effective date. 18 USC 3553 note.

TORY MINIMUM.—Upon motion of the Government, the court shall have the authority to impose a sentence below a level established by statute as minimum sentence so as to reflect a defendant's substantial assistance in the investigation or prosecution of another person who has committed an offense. Such sentence shall be imposed in accordance with the guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28, United States Code.". (b) The amendment made by this section shall take effect on the date of the taking effect of section 3553 of title 18, United States Code. SEC. 1008. AMENDMENT TO TITLE 28 OF THE UNITED STATES CODE.

Section 994 of title 28 of the United States Code is amended by— (1) inserting the following after subsection (m): "(n) The Commission shall assure that the guidelines reflect the general appropriateness of imposing a lower sentence than would otherwise be imposed, including a sentence that is lower than that established by statute as minimum sentence, to take into account a defendant's substantial assistance in the investigation or prosecution of another person who has committed an offense."; and