Page:United States Statutes at Large Volume 98 Part 2.djvu/838

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 1998

PUBLIC LAW 98-473—OCT. 12, 1984 "SUBCHAPTER D—IMPRISONMENT

"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 imprisonment.

"SUBCHAPTER D—IMPRISONMENT 18 USC 3581.

"§ 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 twenty-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.

18 USC 3582.

"§ 3582. Imposition of a sentence of imprisonment

Post, p. 2019.

MENT.—The court, in determining whether to impose a term of imprisonment, 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 appropriate means of promoting correction and rehabilitation. 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 FINAUTY OF JUDGMENT.—Notwithstanding the fact that a sentence to imprisonment can subsequently be— "(1) modified pursuant to the provisions of subsection (c); "(2) corrected pursuant to the provisions of rule 35 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.

"(a) FACTORS TO B E CONSIDERED IN IMPOSING A TERM OF IMPRISON-

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"(c) MODIFICATION OF AN IMPOSED TERM OF IMPRISONMENT.—The

court may not modify a term of imprisonment once it has been imposed except that— "(1) in any case— "(A) the court, upon motion of the Director of the Bureau of Prisons, may reduce the term of imprisonment, after considering the factors set forth in section 3553(a) to the