Page:United States Statutes at Large Volume 98 Part 2.djvu/852

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 2012 Post, p. 2019. 18 USC app.

Ante, p. 1987.

PUBLIC LAW 98-473—OCT. 12, 1984

"(4) was imposed for an offense for which no sentencing guideline has been issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(1) and is less than the sentence specified in a plea agreement, if any, under Rule 11 (e)(l)(B) or (e)(1)(G) of the Federal Rules of Criminal Procedure; and the Attorney General or the Solicitor General personally approves the filing of the notice of appeal. "(c) RECORD ON REVIEW.—If a notice of appeal is filed in the district court pursuant to subsection (a) or (b), the clerk shall certify to the court of appeals— "(1) that portion of the record in the case that is designated as pertinent by either of the parties; "(2) the presentence report; and "(3) the information submitted during the sentencing proceeding. "(d) CONSIDERATION.—Upon review of the record, the court of appeals shall determine whether the sentence— "(1) was imposed in violation of law; "(2) was imposed as a result of an incorrect application of the sentencing guidelines; or "(3) is outside the range of the applicable sentencing guideline, and is unreasonable, having regard for— "(A) the factors to be considered in imposing a sentence. as set forth in chapter 227 of this title; and "(B) the reasons for the imposition of the particular sentence, as stated by the district court pursuant to the provisions of section 3553(c). The court of appeals shall give due regard to the opportunity of the district court to judge the credibility of the witnesses, and shall accept the findings of fact of the district court unless they are clearly erroneous. "(e) DECISION AND DISPOSITION.—If the court of appeals determines that the sentence— "(1) was imposed in violation of law or imposed as a result of an incorrect application of the sentencing guidelines, it shall— "(A) remand the case for further sentencing proceedings; or "(B) correct the sentence; "(2) is outside the range of the applicable sentencing guideline and is unreasonable, it shall state specific reasons for its conclusions and— "(A) if it determines that the sentence is too high and the appeal has been filed under subsection (a), it shall set aside the sentence and— "(i) remand the case for imposition of a lesser sentence; "(ii) remand the case for further sentencing proceedings; or "(iii) impose a lesser sentence; "(B) if it determines that the sentence is too low and the appeal has been filed under subsection (b), it shall set aside the sentence and— "(i) remand the case for imposition of a greater sentence; "(ii) remand the case for further sentencing proceedings; or "(iii) impose a greater sentence; or