Page:United States Statutes at Large Volume 98 Part 2.djvu/857

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2017

appropriate official of a state or subdivision of a state for the purpose of enforcing such law.", (g) The Table of Rules that precedes Rule 1 is amended as follows: (1) The item relating to Rule 35 is amended to read as follows: "35. Correction of Sentence. "(a) Correction of a sentence on remand. "(b) Correction of a sentence for changed circumstances.".

(2) The item relating to Rule 38 is amended to read as follows: "38. Stay of Execution. "(a) Death. "(b) Imprisonment. "(c) Fine. "(d) Probation. "(e) Criminal forfeiture, notice to victims, and restitution. "(f) Disabilities.".

SEC. 216. (a) The Rules of Procedure for the Trial of Misdemeanors Before United States Magistrates are amended by adding the following new rule at the end thereof: "Rule 9. Definition 18 USC app. "As used in these rules, 'petty offense' means a Class B or C misdemeanor or an infraction.". (b) The Table of Rules that precedes Rule 1 is amended by adding at the end thereof the following new item: "9. Definition.".

SEC. 217. (a) Title 28 of the United States Code is amended by adding the following new chapter after chapter 57:

"CHAPTER 58—UNITED STATES SENTENCING COMMISSION "Sec. "991. "992. "993. "994. "995. "996. "997. "998.

United States Sentencing Commission; establishment and purposes. Terms of office; compensation. Powers and duties of Chairman. Duties of the Commission. Powers of the Commission. Director and staff. Annual report. Definitions.

"§ 991. United States Sentencing Commission; establishment and purposes "(a) There is established as an independent commission in the judicial branch of the United States a United States Sentencing Commission which shall consist of seven voting members and one nonvoting member. The President, after consultation with representatives of judges, prosecuting attorneys, defense attorneys, law enforcement officials, senior citizens, victims of crime, and others interested in the criminal justice process, shall appoint the voting members of the Commission, by and with the advice and consent of the Senate, one of whom shall be appointed, by and with the advice and consent of the Senate, as the Chairman. At least three of the members shall be Federal judges in regular active service selected after considering a list of six judges recommended to the President by the Judicial Conference of the United States. Not more than four

28 USC 991.