Page:United States Statutes at Large Volume 98 Part 2.djvu/830

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 1990 Post, p. 2019.

PUBLIC LAW 98-473—OCT. 12, 1984 applicable category of defendant as set forth in the guidelines that are issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(1) and that are in effect on the date the defendant is sentenced; "(5) any pertinent policy statement issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(2) that is in effect on the date the defendant is sentenced; and "(6) the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct. "(b) APPLICATION OF GUIDELINES IN IMPOSING A SENTENCE.—The

court shall impose a sentence of the kind, and within the range, referred to in subsection (a)(4) unless the court finds that an aggravating or mitigating circumstance exists that was not adequately taken into consideration by the Sentencing Commission in formulating the guidelines and that should result in a sentence different from that described. "(c)

STATEMENT OF REASONS FOR IMPOSING A SENTENCE.—The

court, at the time of sentencing, shall state in open court the reasons for its imposition of the particular sentence, and, if the sentence— "(1) is of the kind, and within the range, described in subsection (a)(4), the reason for imposing a sentence at a particular point within the range; or "(2) is not of the kind, or is outside the range, described in subsection (a)(4), the specific reason for the imposition of a sentence different from that described. If the sentence does not include an order of restitution, the court shall include in the statement the reason therefor. The clerk of the court shall provide a transcription of the court's statement of reasons to the Probation System, and, if the sentence includes a term of imprisonment, to the Bureau of Prisons. "(d) PRESENTENCE PROCEDURE FOR AN ORDER OF NOTICE OR RESTI-

TUTION.—Prior to imposing an order of notice pursuant to section 3555, or an order of restitution pursuant to section 3556, the court shall give notice to the defendant and the Government that it is considering imposing such an order. Upon motion of the defendant or the Government, or on its own motion, the court shall— "(1) permit the defendant and the Government to submit affidavits and written memoranda addressing matters relevant to the imposition of such an order; "(2) afford counsel an opportunity in open court to address orally the appropriateness of the imposition of such an order; and "(3) include in its statement of reasons pursuant to subsection (c) specific reasons underlying its determinations regarding the nature of such an order. Upon motion of the defendant or the Government, or on its own motion, the court may in its discretion employ any additional procedures that it concludes will not unduly complicate or prolong the sentencing process. 18 USC 3554.

"§ 3554. Order of criminal forfeiture "The court, in imposing a sentence on a defendant who has been found guilty of an offense described in section 1962 of this title or in title II or III of the Comprehensive Drug Abuse Prevention and 21 USC 801, 951. Control Act of 1970 shall order, in addition to the sentence that is imposed pursuant to the provisions of section 3551, that the defend-