Page:United States Statutes at Large Volume 101 Part 2.djvu/281

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PUBLIC LAW 100-000—MMMM. DD, 1987

PUBLIC LAW 100-182—DEC. 7, 1987

101 STAT. 1267

SEC. 5. REVIEW OF A SENTENCE FOR WHICH THERE IS NO APPLICABLE GUIDELINE.

Section 3742 of title 18, United States Code, is further amended— (1) in subsection (a)(4), by inserting "plainly unreasonable or" before "greater than" and by striking out ", if any,"; (2) in subsection (b)(4), by inserting "plainly unreasonable or" before "less than" and by striking out ", if any,"; (3) in subsection (d)— (A) by striking out "or" at the end of paragraph (2); (B) by striking out the period at the end of paragraph (3) •• and inserting in lieu thereof "; or"; and "^-\' (C) by inserting after paragraph (3) the following new -' " ' paragraph: "(4) was imposed for an offense for which there is no applicable sentencing guideline and is plainly unreasonable."; (4) in subsection (e)(2), by inserting "or was imposed for an offense for which there is no applicable sentencing guideline and is plainly unreasonable" after "is outside the range of the applicable sentencing guideline and is unreasonable"; and (5) in subsections (e)(2)(A) and (e)(2)(B), by striking out "the court shall" and inserting in lieu thereof "and". SEC. 6. CLARIFICATION OF BASIS FOR AFFIRMING AN APPEAL.

Section 3742(e)(3) of title 18, United States Code, is amended to read as follows: "(3) is not described in paragraph (1) or (2), it shall affirm the sentence.". SEC. 7. CORRECTION OF PROBATION EXCLUSION FOR ORGANIZATIONS CONVICTED OF SERIOUS OFFENSES.

Section 3561(a)(1) of title 18, United States Code, is amended by inserting after "Class B felony" the following: "and the defendant is an individual". SEC. 8 EXTENSION OF MAXIMUM TERMS OF SUPERVISED RELEASE. . Section 3583(b) of title 18, United States Code, is amended— (1) in paragraph (1), by striking out "three years" and inserting in lieu thereof "five years"; (2) in paragraph (2), by striking out "two years" and inserting in lieu thereof "three years"; and (3) in paragraph (3), by inserting after "misdemeanor" the following: "(other than a petty offense)". SEC. 9. INCLUSION OF PROTECTION OF PUBLIC AS FACTOR IN DECIDING WHETHER TO IMPOSE SUPERVISED RELEASE.

Section 3583(c) of title 18, United States Code, is amended by inserting "(a)(2)(C)," after "(a)(2)(B),". SEC. 10. CLARIFICATION OF PROCEDURE FOR MODIFYING CONDITIONS OF PROBATION.

Section 3563(c) of title 18, United States Code, is amended— (1) by striking out "revocation or modification of probation" and inserting in lieu thereof "the modification of probation and"; and (2) by striking out the comma after "may".