Except as otherwise specifically provided, a defendant who has been found guilty of an offense described in any Federal statute, including sections 13 and 1153 of this title, other than an Act of Congress applicable exclusively in the District of Columbia or the Uniform Code of Military Justice, shall be sentenced in accordance with the provisions of this chapter so as to achieve the purposes set forth in subparagraphs (A) through (D) of section 3553(a)(2) to the extent that they are applicable in light of all the circumstances of the case.
An individual found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to—
(1) a term of probation as authorized by subchapter B;
(2) a fine as authorized by subchapter C; or
(3) a term of imprisonment as authorized by subchapter D.
A sentence to pay a fine may be imposed in addition to any other sentence. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection.
An organization found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to
(1) a term of probation as authorized by subchapter B; or
(2) a fine as authorized by subchapter C.
A sentence to pay a fine may be imposed in addition to a sentence to probation. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection.
(Added Pub.L. 98–473, Title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1988, and amended Pub.L. 101–647, Title XVI, § 1602, Nov. 29, 1990, 104 Stat. 4843.)
Acts of Congress applicable exclusively in the District of Columbia, referred to in subsec. (a), are classified generally to the District of Columbia Code.
The Uniform Code of Military Justice, referred to in subsec. (a), is classified generally to chapter 47 (§ 801 et seq.) of Title 10, Armed Forces.
Section 235 of Pub.L. 98–473, Title II, c. II, Oct. 12, 1984, 98 Stat. 2031, as amended by Pub.L. 99–217, §§ 2, 4, Dec. 26, 1985, 99 Stat. 1728; Pub.L. 99–646, § 35, Nov. 10, 1986, 100 Stat. 3599; Pub.L. 100–182, § 2, Dec. 7, 1987, 101 Stat. 1266; Pub.L. 104–232, § 4, Oct. 2, 1996, 110 Stat. 3056, provided:
“(a)(1) This chapter [chapter II, §§ 211–239, of Title II of Pub.L. 98–473] shall take effect on the first day of the first calendar month beginning 36 months after the date of enactment [Oct. 12, 1984] and shall apply only to offenses committed after the taking effect of this chapter, except that—
(A) the repeal of chapter 402 of title 18, United States Code, shall take effect on the date of enactment;
(B)(i) chapter 58 of title 28, United States Code, shall take effect on the date of enactment of this Act or October 1, 1983, whichever occurs later, and the United States Sentencing Commission shall submit the initial sentencing guidelines promulgated under section 994(a)(1) of title 28 to the Congress within 30 months of the effective date of such chapter 58; and
(ii) the sentencing guidelines promulgated pursuant to section 994(a)(1) shall not go into effect until—
(I) the United States Sentencing Commission has submitted the initial set of sentencing guidelines to the Congress pursuant to subparagraph (B)(i), along with a report stating the reasons for the Commission’s recommendations;
(II) the General Accounting Office has undertaken a study of the guidelines, and their potential impact in comparison with the operation of the existing sentencing and parole release system, and has, within one hundred and fifty days of submission of the guidelines, reported to the Congress the results of its study; and
(III) the day after the Congress has had six months after the date described in subclause (I) in which to examine the guidelines and consider the reports; and
(IV) section 212(a)(2) [enacting chapter 227, sentences, comprised of sections 3551 to 3559, 3561 to 3566, 3571 to 3574, and 3581 to 3586; and chapter 229, postsentence administration, comprised of sections 3601 to 3607, 3611 to 3615, and 3621 to 3625 of this title; and repealing former chapter 227, sentence, judgment, and execution, comprised of sections 3561 to 3580; former chapter 229, fines, penalties, and forfeitures, comprised of sections 3611 to 3620; and former chapter 231, probation, comprised of sections 3651 to 3656 of this title] takes effect, in the case of the initial sentencing guidelines so promulgated.
(2) For the purposes of section 992(a) of title 28, the terms of the first members of the United States Sentencing Commission shall not begin to run until the sentencing guidelines go into effect pursuant to paragraph (1)(B)(ii).
(b)(1) The following provisions of law in effect on the day before the effective date of this Act shall remain in effect for five years after the effective date as to an individual who committed an offense or an act of juvenile delinquency before the effective date and as to a term of imprisonment during the period described in subsection (a)(1)(B):
(A) Chapter 311 of title 18, United States Code.
(B) Chapter 309 of title 18, United States Code.
(C) Sections 4251 through 4255 of title 18, United States Code.
(D) Sections 5041 and 5042 of title 18, United States Code.
(E) Sections 5017 through 5020 of title 18, United States Code, as to a sentence imposed before the date of enactment.
(F) The maximum term of imprisonment in effect on the effective date for an offense committed before the effective date.
(G) Any other law relating to a violation of a condition of release or to arrest authority with regard to a person who violates a condition of release.
[(2) Repealed. Pub.L. 104–232, § 4, Oct. 2, 1996, 110 Stat. 3056.]
(3) The United States Parole Commission shall set a release date, for an individual who will be in its jurisdiction the day before the expiration of five years after the effective date of this Act, pursuant to section 4206 of title 18, United States Code. A release date set pursuant to this paragraph shall be set early enough to permit consideration of an appeal of the release date, in accordance with Parole Commission procedures, before the expiration of five years following the effective date of this Act.
(4) Notwithstanding the other provisions of this subsection, all laws in effect on the day before the effective date of this Act pertaining to an individual who is—
(A) released pursuant to a provision listed in paragraph (1); and
(B)(i) subject to supervision on the day before the expiration of the five-year period following the effective date of this Act; or
(ii) released on a date set pursuant to paragraph (3);
including laws pertaining to terms and conditions of release, revocation of release, provision of counsel, and payment of transportation costs, shall remain in effect as to the individual until the expiration of his sentence, except that the district court shall determine, in accord with the Federal Rules of Criminal Procedure, whether release should be revoked or the conditions of release amended for violation of a condition of release.
(5) Notwithstanding the provisions of section 991 of title 28, United States Code, and sections 4351 and 5002 of title 18, United States Code, the Chairman of the United States Parole Commission or his designee shall be a member of the National Institute of Corrections, and the Chairman of the United States Parole Commission shall be a member of the Advisory Corrections Council and a nonvoting member of the United States Sentencing Commission, ex officio, until the expiration of the five-year period following the effective date of this Act. Notwithstanding the provisions of section 4351 of title 18, during the five-year period the National Institute of Corrections shall have seventeen members, including seven ex officio members. Notwithstanding the provisions of section 991 of title 28, during the five-year period the United States Sentencing Commission shall consist of nine members, including two ex officio, nonvoting members.”
[Pub.L. 117–328, Div. O, Title VIII, § 801(d), Dec. 29, 2022, 136 Stat. 5232, provided that: “Section 103 of division B of the Further Continuing Appropriations and Extensions Act, 2023 [Pub.L. 117–229, enacting provisions set out as notes above and under section 1 of this title] shall have no force or effect.”]
[Pub.L. 117–328, Div. O, Title VIII, § 801(b), (c), Dec. 29, 2022, 136 Stat. 5232, provided that:
“(b) Amendment of Sentencing Reform Act of 1984.–For purposes of section 235(b) of the Sentencing Reform Act of 1984 (18 U.S.C. 3551 note; Public Law 98–473; 98 Stat. 2032) [set out as a note under this section], as such section relates to chapter 311 of title 18, United States Code, and the United States Parole Commission, each reference in such section to ‘35 years and 46 days’ or ‘35-year and 46-day period’ shall be deemed a reference to ‘36 years’ or ‘36-year period’, respectively.
“(c) Effective date.—Subsection (b) shall take effect as though enacted as part of the Further Continuing Appropriations and Extensions Act, 2023 [Pub. L. 117–229].”]
[Pub.L. 117–264, Div. B, Title I, § 103(d), Dec. 23, 2022, 136 Stat. 4168, provided that: “Section 103 of division B of the Further Continuing Appropriations and Extensions Act, 2023 [Pub.L. 117–229, enacting provisions set out as notes below and under section 1 of this title] shall have no force or effect.”]
[Pub.L. 117–264, Div. B, Title I, § 103(b), (c), Dec. 23, 2022, 136 Stat. 4168, provided that:
“(b) Amendment of Sentencing Reform Act of 1984.—For purposes of section 235(b) of the Sentencing Reform Act of 1984 (18 U.S.C. 3551 note; Public Law 98–473; 98 Stat. 2032), as such section relates to chapter 311 of title 18, United States Code, and the United States Parole Commission, each reference in such section to ‘35 years and 46 days’ or ‘35-year and 46-day period’ shall be applied as if it were a reference to ‘35 years and 60 days’ or ‘35-year and 60-day period’, respectively.
“(c) Effective Date.—Subsection (b) shall take effect as though enacted as part of the Further Continuing Appropriations and Extensions Act, 2023 [Pub. L. 117–229].”]
[Pub.L. 117–229, Div. B, Title I, § 103(b), Dec. 16, 2022, 136 Stat. 2309, which provided that references in section 235(b) of Pub.L. 98–473 to “35 years” or “35-year period” would be deemed references to “35 years and 53 days” or “35-year and 53-day period”, respectively, was rendered ineffective by Pub.L. 117–264, Div. B, Title I, § 103(d), Dec. 23, 2022, 136 Stat. 4168, set out above.]
[Pub.L. 117–180, Div. C, Title I, § 103(b), Sept. 30, 2022, 136 Stat. 2133, provided that: “For purposes of section 235(b) of the Sentencing Reform Act of 1984 (18 U.S.C. 3551 note; Public Law 98–473; 98 Stat. 2032), as such section relates to chapter 311 of title 18, United States Code, and the United States Parole Commission, each reference in such section to ‘35 years’ or ‘35-year period’ shall be deemed a reference to ‘35 years and 46 days’ or ‘35-year and 46-day period’, respectively.”]
[Pub.L. 116–159, Div. D, Title II, § 4202, Oct. 1, 2020, 134 Stat. 741, provided that: “For purposes of section 235(b) of the Sentencing Reform Act of 1984 (18 U.S.C. 3551 note; Public Law 98–473; 98 Stat. 2032), as such section relates to chapter 311 of title 18, United States Code, and the United States Parole Commission, each reference in such section to ‘33 years’ or ‘33-year period’ shall be deemed a reference to ‘35 years’ or ‘35-year period’, respectively.”]
[Pub.L. 115–274, § 2, Oct. 31, 2018, 132 Stat. 4160, provided that: “For purposes of section 235(b) of the Sentencing Reform Act of 1984 (18 U.S.C. 3551 note; Public Law 98–473; 98 Stat. 2032), as such section relates to chapter 311 of title 18, United States Code, and the United States Parole Commission, each reference in such section to ‘31 years’ or ‘31-year period’ shall be deemed a reference to ‘33 years’ or ‘33-year period’, respectively.”]
[Pub.L. 113–47, § 2, Oct. 31, 2013, 127 Stat. 572, provided that: “For purposes of section 235(b) of the Sentencing Reform Act of 1984 (18 U.S.C. 3551 note; Public Law 98–473; 98 Stat. 2032), as such section relates to chapter 311 of title 18, United States Code, and the United States Parole Commission, each reference in such section to ‘26 years’ or ‘26-year period’ shall be deemed a reference to ‘31 years’ or ‘31-year period’, respectively.”]
[Pub.L. 112–44, § 2, Oct. 21, 2011, 125 Stat. 532, provided that: “For purposes of section 235(b) of the Sentencing Reform Act of 1984 (18 U.S.C. 3551 note; Public Law 98–473; 98 Stat. 2032), as such section relates to chapter 311 of title 18, United States Code, and the United States Parole Commission, each reference in such section to ‘24 years’ or ‘24-year period’ shall be deemed a reference to ‘26 years’ or ‘26-year period’, respectively.”]
[Pub.L. 110–312, § 2, Aug. 12, 2008, 122 Stat. 3013, provided that: “For purposes of section 235(b) of the Sentencing Reform Act of 1984 (18 U.S.C. 3551 note; Public Law 98–473; 98 Stat. 2032) [set out in an Effective and Applicability Provisions note under this section], as such section relates to chapter 311 of title 18, United States Code [18 U.S.C.A. § 4201 et seq.], and the United States Parole Commission, each reference in such section to ‘21 years’ or ‘21-year period’ shall be deemed a reference to ‘24 years’ or ‘24-year period’, respectively.”]
[Pub.L. 109–76, § 2, Sept. 29, 2005, 119 Stat. 2035, provided that: “For purposes of section 235(b) of the Sentencing Reform Act of 1984 (98 Stat. 2032) [Pub.L. 98–473, Title II, § 235, Oct. 12, 1984, 98 Stat. 2032, as amended, set out as a note under this section] as such section relates to chapter 311 of title 18, United States Code, [18 U.S.C.A. § 4201 et seq.] and the United States Parole Commission, each reference in such section to ‘eighteen years’ or ‘eighteen-year period’ shall be deemed a reference to ‘21 years’ or ‘21-year period’, respectively.”]
[Pub.L. 107–273, Div. C, Title I, § 11017(a), Nov. 2, 2002, 116 Stat. 1824, provided that: “For purposes of section 235(b) of the Sentencing Reform Act of 1984 (98 Stat. 2032) [section 235(b) of Pub.L. 98–473, set out as a note under this section], as such section relates to chapter 311 of title 18, United States Code [18 U.S.C.A. § 4201 et seq. (repealed)], and the Parole Commission, each reference in such section to ‘fifteen years’ or ‘fifteen-year period’ shall be deemed to be a reference to ‘eighteen years’ or ‘eighteen-year period’, respectively.” See also section 11017(b) and (c) of Pub.L. 107–273, set out as a note under 18 U.S.C.A. § 4202]
[Pub.L. 104–232, § 3(b)(2), Oct. 2, 1996, 110 Stat. 3056, provided that: “Effective on the date such plan [an alternative plan by the Attorney General for the transfer of the United States Parole Commission’s functions to another entity within the Department of Justice pursuant to section 3 of Pub.L. 104–232, set out as a note under section 4201 of this title] takes effect, paragraphs (3) and (4) of section 235(b) of the Sentencing Reform Act of 1984 (98 Stat. 2032) [section 235(b)(3) and (4) of Pub.L. 98–473, set out above] are repealed.”]
[Pub.L. 104–232, § 2(a), Oct. 2, 1996, 110 Stat. 3055, provided that: “For purposes of section 235(b) of the Sentencing Reform Act of 1984 (98 Stat. 2032) [section 235(b) of Pub.L. 98–473, set out as a note under this section], as it related to chapter 311 of title 18, United States Code [section 4201 et seq. of this title], and the Parole Commission, each reference in such section to ‘ten years’ or ‘ten-year period’ shall be deemed to be a reference to ‘fifteen years’ or ‘fifteen-year period’, respectively.”]
[Pub.L. 101–650, Title III, § 316, Dec. 1, 1990, 104 Stat. 5115, provided that: “For the purposes of section 235(b) of Public Law 98–473 [set out as a note under this section] as it relates to chapter 311 of title 18, United States Code [section 4201 et seq. of this title], and the United States Parole Commission, each reference in such section to ‘five years’ or a ‘five-year period’ shall be deemed a reference to ‘ten years’ or a ‘ten-year period’, respectively.”]
Section 239 of Pub.L. 98–473, Title II, c. II, Oct. 12, 1984, 98 Stat. 2039, provided:
“Since, due to an impending crisis in prison over-crowding, available Federal prison space must be treated as a scarce resource in the sentencing of criminal defendants;
“Since, sentencing decisions should be designed to ensure that prison resources are, first and foremost, reserved for those violent and serious criminal offenders who pose the most dangerous threat to society;
“Since, in cases of nonviolent and nonserious offenders, the interests of society as a whole as well as individual victims of crime can continue to be served through the imposition of alternative sentences, such as restitution and community service;
“Since, in the two years preceding the enactment of sentencing guidelines, Federal sentencing practice should ensure that scarce prison resources are available to house violent and serious criminal offenders by the increased use of restitution, community service, and other alternative sentences in cases of nonviolent and nonserious offenders: Now, therefore, be it
“Declared, That it is the sense of the Senate that in the two years preceding the enactment of the sentencing guidelines, Federal judges, in determining the particular sentence to be imposed, consider—
(1) the nature and circumstances of the offense and the history and characteristics of the defendant;
(2) the general appropriateness of imposing a sentence other than imprisonment in cases in which the defendant has not been convicted of a crime of violence or otherwise serious offense; and
(3) the general appropriateness of imposing a sentence of imprisonment in cases in which the defendant has been convicted of a crime of violence or otherwise serios offense.”