Page:United States Statutes at Large Volume 98 Part 2.djvu/868

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 2028 Aliens.

Ante, p. 1981.

Ante, p. 2011. Ante, p. 1976. Ante, p. 1983.

PUBLIC LAW 98-473—OCT. 12, 1984

(a) The second sentence of section 212(a)(9) (8 U.S.C. 1182(a)(9)) is amended to read: "An alien who would be excludable because of the conviction of an offense for which the sentence actually imposed did not exceed a term of imprisonment in excess of six months, or who would be excludable as one who admits the commission of an offense for which a sentence not to exceed one year's imprisonment might have been imposed on him, may be granted a visa and admitted to the United States if otherwise admissible: Provided, That the alien has committed only one such offense, or admits the commission of acts which constitute the essential elements of only one such offense.". (b) Section 242(h) (8 U.S.C. 1252(h)) is amended by adding "supervised release," after "parole,". SEC. 221. Section 4 of the Act of September 28, 1962 (16 U.S.C. 460k-3) is amended by deleting "petty offense (18 U.S.C. 1)" and substituting "misdemeanor". SEC. 222. Section 9 of the Act of October 8, 1964 (16 U.S.C. 460n-8) is amended— (a) in the first paragraph, by deleting "commissioner" each place it appears and substituting "magistrate"; and (b) in the second paragraph, by amending the first sentence to read: "The functions of the magistrate shall include the trial and sentencing of persons charged with the commission of misdemeanors and infractions as defined in section 3581 of title 18, United States Code.". SEC. 223. Title 18 of the United States Code is amended as follows: (a) Section 924(a) is amended by deleting ", and shall become eligible for parole as the Board of Parole shall determine". (b) Section 1161 is amended by deleting "3618" and substituting "3669". (c) Section 1761(a) is amended by adding ", supervised release," after "parole". (d) Section 2114 is amended by adding "not more than" after "imprisoned". (e) Section 3006A is amended— (1) in subsections (a)(1) and (b), by deleting "misdemeanor (other than a petty offense as defined in section 1 of this title)" each place it appears and substituting "Class A misdemeanor"; and (2) in subsections (a)(3) and (g), deleting "subject to revocation of parole," each place it appears. (f) Section 3143, as amended by this Act, is amended— (1) in subsection (a), by adding "other than a person for whom the applicable guideline promulgated pursuant to 28 U.S.C. 994 does not recommend a term of imprisonment," after "sentence,"; and (2) in subsection (c), by adding the following at the end thereof: "The judge shall treat a defendsmt in a case in which an appeal has been taken by the United States pursuant to the provisions of section 3742 in accordance with the provisions of— "(1) subsection (a) if the person has been sentenced to a term of imprisonment; or "(2) section 3142 if the person has not been sentenced to a term of imprisonment.". (g) Section 3147, as amended by this Act, is amended— (1) in paragraph (1), by deleting "not less than two years and"; and