Page:United States Statutes at Large Volume 98 Part 2.djvu/827

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 1987

indictment issued, the Federal magistrate shall take into account the decision previously made and the reasons set forth therefor, if any, but will not be bound by that decision. If the Federal magistrate amends the release or detention decision or alters the conditions of release, he shall set forth the reasons for his action in writing.". 18 USC app. (d) Rule 46 is amended— (1) in subdivision (a), by striking out "§ 3146, § 3148, or § 3149" and inserting in lieu thereof "§§ 3142 and 3144"; (2) in subdivision (c), by striking out "3148" and inserting in lieu thereof "3143"; (3) by amending subdivision (e)(2) to read as follows: "(2) SETTING ASIDE.—The court may direct that a forfeiture be set aside in whole or in part, upon such conditions as the court may impose, if a person released upon execution of an appearance bond with a surety is subsequently surrendered by the surety into custody or if it otherwise appears that justice does not require the forfeiture."; and (4) by adding the following new subdivision at the end thereof: "(h) FORFEITURE OF PROPERTY.—

"Nothing in this rule or in chapter 207 of title 18, United States Code, shall prevent the court from disposing of any charge by entering an order directing forfeiture of property pursuant to 18 U.S.C. 3142(c)(2)(K) if the value of the property is an amount that would be an appropriate sentence after conviction of the offense charged and if such forfeiture is authorized by statute or regulation.". (e) Rule 54(b)(3) is amended by striking out "under 18 U.S.C. § 3043, and". SEC. 210. Rule 9(c) of the Federal Rules of Appellate Procedure is amended by striking out "3148" and inserting in lieu thereof "3143", and following the word "community", inserting "and that the appeal is not for purpose of delay and raises a substantial question of law or fact likely to result in reversal or in an order for a new trial". " CHAPTER II—SENTENCING REFORM SEC. 211. This chapter may be cited as the "Sentencing Reform Act of 1984". SEC. 212. (a) Title 18 of the United States Code is amended by— (1) redesignating sections 3577, 3578, 3579, 3580, 3611, 3612, 3615, 3617, 3618, 3619, 3620, and 3656 as sections 3661, 3662, 3663, 3664, 3665, 3666, 3667, 3668, 3669, 3670, 3671, and 3672 of a new chapter 232 of title 18 of the United States Code, respectively; (2) repealing chapters 227, 229, and 231 and substituting the following new chapters:

"CHAPTER 227—SENTENCES "Subchapter "A. General Provisions "B. Probation "C. Fines "D. Imprisonment

3551 3561 3571 3581

Ante, pp. 1976, 1985.

18 USC app. 28 USC app.

Sentencing Reform Act of 1984. 18 USC 3551 note.

Post, p. 2175. Repeals. 18 USC 3561 et seq., 3611 et seq., 3651 et seq.