18 usc 3551

US Code Title 18 - Crimes and Criminal Procedure Part II - CRIMINAL PROCEDURE (§§ - ) Chapter - SENTENCES (§§ - ). View Metadata. Sentencing Reform Act of (18 U.S.C. note. Public Law 98–; 98 Stat. ), as such section relates to chapter of title 18, United States Code. > REPEAL. Section (b)(2) 18 usc 3551 the Sentencing Reform Act of (98 Stat. ) is repealed. Approved October 2, 18 U.S.C. § APPENDIX B. November 1, Title CRIMES AND CRIMINAL PROCEDURE.)) CHAPTER )SENTENCES. SUBCHAPTER A)GENERAL.

18 U.S. Code § 3551 - Authorized sentences

What is Title 18 of the Civil Rights? Title 18, U.S.C., Section 241 - Conspiracy Against Rights

What is Title 18 United States Code 922 G? Title 18, United States Code, Section 922(g) makes it unlawful for certain classes of individuals to ship, transport, possess or receive any firearm or ammunition with the required interstate commerce nexus.

What is Title 18 under color of law? 18 U.S.C. § 242

What is the 18 code 2382? Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is ...

What is probable cause 18 USC? If the complaint or one or more affidavits filed with the complaint establish probable cause to believe that an offense has been committed and that the defendant committed it, the judge must issue an arrest warrant to an officer authorized to execute it.

What is 18 U.S.C. defraud? § 371—Conspiracy to Defraud the United States. The general conspiracy statute, 18 U.S.C. § 371, creates an offense "[i]f two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose.

What is 18 USC defraud? § 371—Conspiracy to Defraud the United States. The general conspiracy statute, 18 U.S.C. § 371, creates an offense "[i]f two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose.

What is the 18 USC threat? Whoever, with intent to extort from any person any money or other thing of value, so deposits as aforesaid, any communication for the purpose aforesaid, containing any threat to kidnap any person or any threat to injure the person of the addressee or of another, shall be fined under this title or imprisoned not more ...

What is 18 US Code 2523? CLOUD Act Section 2523 adds a provision to Title 18, Chapter 119 of the US Code, which mandates that both the Attorney General and the Secretary of State certify that the foreign government's laws afford “robust substantive and procedural protections for privacy and civil liberties in light of the data collection and ...

What is a violation of 18 USC? 18 U.S.C. § § 2243 (c), 2244 (a)(6)

What is Title 18 US Code 2384? Seditious conspiracy is a federal offense defined in 18 U.S.C. § 2384. It occurs when two or more people conspire to “overthrow, put down, or to destroy by force” the U.S. government, or to levy war against it, or to oppose by force and try to prevent, hinder or delay the execution of any law.

What is 18 U.S.C. harboring? Harboring -- 18 USC 1072--Elements Of Offense. Under 18 U.S.C. § 1072, the government must establish that the defendant: (i) willfully; (ii) harbored or concealed; (iii) a prisoner after his escape from "the custody of the Attorney General" or from a "Federal penal or correctional institution."

What is 18 US Code 873? Whoever, under a threat of informing, or as a consideration for not informing, against any violation of any law of the United States, demands or receives any money or other valuable thing, shall be fined under this title or imprisoned not more than one year, or both.

What is the title 18 code 2381? Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and ...

What is US Law 18 USC? Title 18 of the United States Code is the main criminal code of the federal government of the United States. The Title deals with federal crimes and criminal procedure.

18 U.S. Code § 3571 - Sentence of fine

Added and amended Pub. The date of enactment of the Justice for Victims of Trafficking Act of , referred to in subsecs. Sections , , and of the Trafficking Victims Protection Reauthorization Act of , referred to in subsec. Section b of the Victims of Child Abuse Act of , referred to in subsec. Section c of the Act provided for a condition on certain appropriations and is not classified to the Code.

E, title IX, Feb. Section e of the Act related to application of amounts appropriated pursuant to that section and is not classified to the Code. A, title III, Mar. C, title I, Oct. B, title II, Dec. B, title III, Sept. B, title II, Nov. B, title I, Jan. Section d of the Consolidated Appropriations Act, , referred to in subsec.

G, title I, Mar. See Amendment notes below. Probably should be " 34 U. 18 usc 3551 Does not conform to section catchline. Probably should be followed by a period. For any offense against the United States, the offender may, by any justice or judge of the United States, or by any United States magistrate judge, or by any chancellor, judge of a supreme or superior court, chief or first judge of the common pleas, mayor of a city, justice of the peace, or other magistrate, of any state where the offender may be found, and at the expense of the United States, be arrested and imprisoned or released as provided in chapter of this title, as the case may be, for trial before such court of the United States as by law has cognizance of the offense.

Copies of the process shall be returned as speedily as may be into the office of the clerk of such court, together with the recognizances of the witnesses for their appearances to testify in the case. A United States judge or magistrate judge shall proceed under this section according to rules promulgated by the Supreme Court of the United States.

Any state judge or magistrate acting hereunder may proceed according to the usual mode of procedure of his state but his acts and orders shall have no effect beyond determining, pursuant to the provisions of section of this title , whether to detain or conditionally release the prisoner prior to trial or to discharge him from arrest. This section was completely rewritten to omit all provisions superseded by Federal Rules of Criminal Procedure, rules 3, 4, 5, 40 and 54 a which prescribed the procedure for preliminary proceedings and examinations before United States judges and commissioners and for removal proceedings but not for preliminary examinations before State magistrates.

Section of this title shall apply in any country where the United States exercises extraterritorial jurisdiction for the arrest and removal therefrom to the United States of any citizen or national of the United States who is a fugitive from justice charged with or convicted of the commission of any offense against the United States, and shall also apply throughout the United States for the arrest and removal therefrom to the jurisdiction of any officer or representative of the United States vested with judicial authority in any country in which the United States exercises extraterritorial jurisdiction, of any citizen or national of the United States who is a fugitive from justice charged with or convicted of the commission of any offense against the United States in any country where it exercises extraterritorial jurisdiction.

Such fugitive first mentioned may, by any officer or representative of the United States vested with judicial authority in any country in which the United States exercises extraterritorial jurisdiction and agreeably to the usual mode of process against offenders subject to such jurisdiction, be arrested and detained or conditionally released pursuant to section of this title , as the case may be, pending the issuance of a warrant for his removal, which warrant the principal officer or representative of the United States vested with judicial authority in the country where the fugitive shall be found shall seasonably issue, and the United States marshal or corresponding officer shall execute.

Such marshal or other officer, or the deputies of such marshal or officer, when engaged in executing such warrant without the jurisdiction of the court to which they are attached, shall have all the powers of a marshal of the United States so far as such powers are requisite for the prisoner's safekeeping and the execution of the warrant. Words "crime or" before "offense" were omitted as unnecessary.

Words "and the Philippine Islands" were deleted in two places as obsolete in view of the independence of the Commonwealth of the Philippines effective July 4, Words "its Territories, Districts, or possessions, including the Panama Canal Zone or any other territory governed, occupied, or controlled by it" were omitted as covered by section 5 of this title defining the term "United States".

Section, acts June 25, , ch. See section of this title. Warrants of arrest for violations of internal revenue laws may be issued by United States magistrate judges upon the complaint of a United States attorney, assistant United States attorney, collector, or deputy collector of internal revenue or revenue agent, or private citizen; but no such warrant of arrest shall be issued upon the complaint of a private citizen unless first approved in writing by a United States attorney.

Plan No. When two or more charges are made, or two or more indictments are found against any person, only one writ or warrant shall be necessary to commit him for trial. It shall be sufficient to state in the writ the name or general character of the offenses, or to refer to them only in general terms. Arrest in nearby or distant districts; informative statement by judge or magistrate judge; hearing and removal; warrant; Rule Words "magistrate judge" substituted for "magistrate" in text pursuant to section of Pub.

Only one writ or warrant is necessary to remove a prisoner from one district to another. One copy thereof may be delivered to the sheriff or jailer from whose custody the prisoner is taken, and another to the sheriff or jailer to whose custody he is committed, and the original writ, with the marshal's return thereon, shall be returned to the clerk of the district to which he is removed.

If the arrested person is a fugitive from custody, such prisoner shall be returned to custody. Officers and employees of the said Bureau of Prisons may carry firearms under such rules and regulations as the Attorney General may prescribe. Section was broadened to include authority to make arrests for mutiny, riot or traffic in dangerous instrumentalities, by reference to section of this title.

Minor changes were made in phraseology and provision for taking arrested person before magistrate was omitted as covered by rule 5 a of the Federal Rules of Criminal Procedure. Prior to amendment, first sentence read as follows: "An officer or employee of the Bureau of Prisons of the Department of Justice may make arrests without warrant for violations of any of the provisions of sections , , , or of this title , if he has reasonable grounds to believe that the arrested person is guilty of such offense, and if there is likelihood of his escaping before a warrant can be obtained for his arrest.

Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. May 24, , 15 F.

A the seizure, summary and judicial forfeiture, and condemnation of property;. Section b of the Internal Revenue Code of , referred to in subsec. A prior section , act June 25, , ch. Substantially identical provisions are contained in section of this title.

Section effective 60 days after Nov. The words "Special Agents" probably should not be capitalized. The Director, Associate Director, Assistant to the Director, Assistant Directors, inspectors, and agents of the Federal Bureau of Investigation of the Department of Justice may carry firearms, serve warrants and subpoenas issued under the authority of the United States and make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony.

Based on section a of title 5 , U. Language relating to seizures under warrant is in section of this title. Minor changes were made in phraseology particularly with respect to omission of provision covered by rule 5 a of Federal Rules of Criminal Procedure. United States marshals and their deputies may carry firearms and may make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony.

Based on section a of title 28 , U. See section of Title 16 , Conservation. The chief special officer for the suppression of the liquor traffic among Indians and duly authorized officers working under his supervision whose appointments are made or affirmed by the Commissioner of Indian Affairs or the Secretary of the Interior may execute all warrants of arrest and other lawful precepts issued under the authority of the United States and in the execution of his duty he may command all necessary assistance.

Based on section of title 25 , U. The only change was to delete the words at the beginning of the section, "The powers conferred by section of title 28 upon marshals and their deputies are conferred upon. As used in this paragraph, the term "major Presidential and Vice Presidential candidates" means those individuals identified as such by the Secretary of Homeland Security after consultation with an advisory committee consisting of the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority and minority leaders of the Senate, and one additional member selected by the other members of the committee.

The Committee shall not be subject to chapter 10 of title 5. The Secretary of Homeland Security shall have the authority to direct the Secret Service to provide temporary protection for any of these individuals at any time thereafter if the Secretary of Homeland Security or designee determines that information or conditions warrant such protection.

The protection authorized in paragraphs 2 through 8 may be declined. C make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony;.

D offer and pay rewards for services and information leading to the apprehension of persons involved in the violation or potential violation of those provisions of law which the Secret Service is authorized to enforce;. E pay expenses for unforeseen emergencies of a confidential nature under the direction of the Secretary of Homeland Security and accounted for solely on the Secretary's certificate; and.

A what events, if any, were designated special events of national significance for security purposes under paragraph 1 ; and. No personnel and operational elements of the United States Secret Service shall report to an individual other than the Director of the United States Secret Service, who shall report directly to the Secretary of Homeland Security without being required to report through any other official of the Department.

Section consolidates said section of title 18 , U. Said section of title 12 , U. Said sections x and of title 12 , U. All of the provisions of said sections —, of said title 12, and the criminal provisions of said section of said title 12, were transferred to this title where they were, in some instances, consolidated with similar provisions from other sections.

Such provisions are now incorporated in sections , , , , , , , , , , , , and of this title. In most instances, these sections, as the result of the consolidations, relate to other organizations as well as those mentioned above, but, by enumerating the Federal Deposit Insurance Corporation, Federal land banks, joint-stock land banks, and national farm loan associations in this section, the powers of the Secret Service are not broadened beyond what they were in said sections x and of said title In this section, the wording of said section of title 18 , U.

Words "of the United States marshal having jurisdiction", following "custody" in all three of said sections, were omitted as surplusage. Section of this title , referred to in subsec. What is total runs in baseball Provided , That the Secretary of the Treasury shall have the authority to direct the Secret Service to provide temporary protection for any of these individuals at any time if the Secretary of the Treasury or designee determines that information or conditions warrant such protection".

For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections , d , d , and of Title 6 , Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, , as modified, set out as a note under section of Title 6.

The electronic crimes task forces shall not be subject to chapter 10 of title 5, United States Code. Metropolitan Area and Camp David, Maryland. Thereafter, any expenditures by the Secret Service to maintain a permanent guard detail or for permanent facilities, equipment, and services to secure the non-Governmental property previously designated under subsection a shall be subject to the limitations imposed under section 4.

If any such improvements or other items are not removed, the owner of the non-Governmental property at the time of termination shall compensate the United States for the original cost of such improvements or other items or for the amount by which they have increased the fair market value of the property, as determined by the Director, as of the date of termination, whichever is less.

Executive departments and Executive agencies shall assist the Secret Service in the performance of its duties by providing services, equipment, and facilities on a temporary and reimbursable basis when requested by the Director and on a permanent and reimbursable basis upon advance written request of the Director; except that the Department of Defense and the Coast Guard shall provide such assistance on a temporary basis without reimbursement when assisting the Secret Service in its duties directly related to the protection of the President or the Vice President or other officer immediately next in order of succession to the office of the President.

No services, equipment, or facilities may be ordered, purchased, leased, or otherwise procured for the purposes of carrying out the duties of the Secret Service by persons other than officers or employees of the Federal Government duly authorized by the Director to make such orders, purchases, leases, or procurements.

No funds may be expended or obligated for the purpose of carrying out the purposes of section of title 18, United States Code , and section 1 of Public Law 90— [formerly set out as a note below] other than funds specifically appropriated to the Secret Service for those purposes with the exception of—. The Director, the Secretary of Defense, and the Commandant of the Coast Guard shall each transmit a detailed semi-annual report of expenditures made pursuant to this Act during the six-month period immediately preceding such report by the Secret Service, the Department of Defense, and the Coast Guard, respectively, to the Committees on Appropriations, Committees on the Judiciary, and Committees on Government Operations [now Committee on Oversight and Accountability of the House of Representatives and Committee on Homeland Security and Governmental Affairs of the Senate] of the House of Representatives and the Senate, respectively, on March 31 and September 30, of each year.

Expenditures made pursuant to this Act shall be subject to audit by the Comptroller General and his authorized representatives, who shall have access to all records relating to such expenditures. The Comptroller General shall transmit a report of the results of any such audit to the Committees on Appropriations, Committees on the Judiciary, and Committees on Government Operations [now Committee on Oversight and Accountability of the House of Representatives and Committee on Homeland Security and Governmental Affairs of the Senate] of the House of Representatives and the Senate, respectively.

Section 2 of Public Law 90— 82 Stat. In carrying out the protection of the President of the United States, pursuant to section a of title 18 , at the one non-governmental property designated by the President of the United States to be fully secured by the United States Secret Service on a permanent basis, as provided in section 3.

Further, the Secretary of the Treasury is authorized to reimburse such State and local governments for the utilization of such services, personnel, equipment, and facilities. All claims for such reimbursement by the affected governments will be submitted to the Secretary of the Treasury on a quarterly basis. See subsec. Subject to the supervision of the Secretary of Homeland Security, the United States Secret Service Uniformed Division shall perform such duties as the Director, United States Secret Service, may prescribe in connection with the protection of the following:.

C when the extraordinary protective need arises at or in association with a visit to—. B make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony; and.

The Secretary of Homeland Security may carry out the functions pursuant to paragraphs 7 and 9 of subsection a by contract. The authority of this subsection may be transferred by the President to the Secretary of State. In carrying out any duty under paragraphs 7 and 9 of subsection a , the Secretary of State is authorized to utilize any authority available to the Secretary under title II of the State Department Basic Authorities Act of If the scheduled rate of pay for the step to which the officer or member would be assigned in accordance with this paragraph is lower than the officer's or member's salary immediately prior to the enactment of this paragraph, the officer or member will be placed in and receive compensation at the next higher service step.

By authority vested in me as President by the Constitution and statutes of the United States of America, and in accordance with the provisions of the Act of December 31, , Public Law 94— 89 Stat. Section 1. There is transferred to the Secretary of State authority to determine the need for and to approve terms and conditions of the provision of reimbursable extraordinary protective activities for foreign diplomatic missions pursuant to [former] section 7 , and the authority to make reimbursements to State and local governments for services, personnel, equipment, and facilities pursuant to [former] section a of Title 3, United States Code ;.

There are transferred to the Secretary of State such unexpended moneys as may have been appropriated to the Department of the Treasury for the purpose of permitting reimbursements to be made under the provisions of [former] section a of Title 3, United States Code ;. The authority transferred pursuant to this Order shall be exercised in coordination with protective security programs administered by the Secretary of State under the Foreign Missions Act of [ 22 U.

This Order shall be effective on October 1, Where one of such officers has made such report, the others need not do so. Based on section 52 e 1 , 2 of title 11 , U. Remaining provisions of section 52 of title 11 , U. The words "or laws relating to insolvent debtors, receiverships, or reorganization plans" were inserted to avoid reference to "Title 11".

This section [section 48] clarifies the meaning of section of title 18 , U. Act May 24, , substituted "or other laws of the United States" for "or laws". Whoever, belonging to the armed land or naval forces of a belligerent nation or belligerent faction and being interned in the United States, in accordance with the law of nations, leaves or attempts to leave said jurisdiction, or leaves or attempts to leave the limits of internment without permission from the proper official of the United States in charge, or willfully overstays a leave of absence granted by such official, shall be subject to arrest by any marshal or deputy marshal of the United States, or by the military or naval authorities thereof, and shall be returned to the place of internment and there confined and safely kept for such period of time as the official of the United States in charge shall direct.

Said section 37 was incorporated in this section and section of this title. 18 usc 3551 Section , act June 25, , ch. Section A, added Pub. Section B, added Pub. Except as provided by subsection c of this section, or unless the arrested person waives the preliminary examination, such examination shall be held within a reasonable time following initial appearance, but in any event not later than—.

In the absence of such consent of the accused, the judge or magistrate judge may extend the time limits only on a showing that extraordinary circumstances exist and justice requires the delay. A copy of the record of such proceeding shall be made available at the expense of the United States to a person who makes affidavit that he is unable to pay or give security therefor, and the expense of such copy shall be paid by the Director of the Administrative Office of the United States Courts.

Words "magistrate judge" and "United States magistrate judges" substituted for "magistrate" and "United States magistrates", respectively, wherever appearing in text pursuant to section of Pub. A enforce Federal laws and regulations for the protection of persons and property;. C make arrests without a warrant for any offense against the Unites 1 States committed in the presence of the officer or for any felony cognizable under the laws of the United States if the officer has reasonable grounds to believe that the person to be arrested has committed or is committing a felony.

A serve warrants and subpoenas issued under the authority of the United States; and. B conduct investigations, on and off the property in question, of offenses that may have been committed against property owned or occupied by the Postal Service or persons on the property.

The regulations may include reasonable penalties, within the limits prescribed in subparagraph B , for violations of the regulations. The regulations shall be posted and remain posted in a conspicuous place on the property. B A person violating a regulation prescribed under this subsection shall be fined under this title, imprisoned for not more than 30 days, or both. Prior to amendment, text read as follows:.

Probably should be "United". A law enforcement officer, who is authorized to arrest for an offense committed in his presence, may arrest a person who is released pursuant to chapter if the officer has reasonable grounds to believe that the person is violating, in his presence, a condition imposed on the person pursuant to section c 1 B iv , v , viii , ix , or xiii , or, if the violation involves a failure to remain in a specified institution as required, a condition imposed pursuant to section c 1 B x.

A any offense against the United States committed in such officer's presence; or. B any felony offense against the United States if such officer has probable cause to believe that the person to be arrested has committed or is committing that felony offense. Authorized employees of the Federal Motor Carrier Safety Administration may direct a driver of a commercial motor vehicle as defined in section of title 49 to stop for inspection of the vehicle, driver, cargo, and required records at or in the vicinity of an inspection site.

The Attorney General shall determine whether an individual furnishing information described in section is entitled to a reward and the amount to be paid. A determination made by the Attorney General or the President under this chapter shall be final and conclusive, and no court shall have power or jurisdiction to review it.

Any reward granted under this chapter shall be certified for payment by the Attorney General. If it is determined that the identity of the recipient of a reward or of the members of the recipient's immediate family must be protected, the Attorney General may take such measures in connection with the payment of the reward as deemed necessary to effect such protection.

No officer or employee of any governmental entity who, while in the performance of his or her official duties, furnishes the information described in section shall be eligible for any monetary reward under this chapter. Section, added Pub. Any individual and the immediate family of such individual who furnishes information which would justify a reward by the Attorney General under this chapter or by the Secretary of State under section 36 of the State Department Basic Authorities Act of may, in the discretion of the Attorney General, participate in the Attorney General's witness security program authorized under chapter of this title.

B an alien lawfully admitted for permanent residence in the United States as defined in section a 20 of the Immigration and Nationality Act 8 U. D any employee or contractor of the United States Government, regardless of nationality, who is the victim or intended victim of an act of terrorism by virtue of that employment;. E a sole proprietorship, partnership, company, or association composed principally of nationals or permanent resident aliens of the United States; and.

F a corporation organized under the laws of the United States, any State, the District of Columbia, or any territory or possession of the United States, and a foreign subsidiary of such corporation;. A section , , or of this title ; or. Section 4 of the Subversive Activities Control Act of , referred to in par. Words "magistrate judge" substituted for "magistrate" in item pursuant to section of Pub.

Rule 41 g , referred to in text, was relettered 41 h by amendment eff. Federal, State or Territorial Judges, or U. B the fact that the warrant or any extension thereof was granted as applied for, was modified, or was denied;. C the period of delay in the giving of notice authorized by the warrant, and the number and duration of any extensions; and.

The closing parenthesis probably should follow "section ". Issuance of search warrant on affidavit; contents to identify persons or place; command to search forthwith, Rule 41 c. A search warrant may in all cases be served by any of the officers mentioned in its direction or by an officer authorized by law to serve such warrant, but by no other person, except in aid of the officer on his requiring it, he being present and acting in its execution.

The Director, Associate Director, Assistant to the Director, Assistant Directors, agents, and inspectors of the Federal Bureau of Investigation of the Department of Justice are empowered to make seizures under warrant for violation of the laws of the United States. Section a of title 5 , U. Method and time for execution, service and return of search warrant, Rule 41 c , d.

The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute a search warrant, if, after notice of his authority and purpose, he is refused admittance or when necessary to liberate himself or a person aiding him in the execution of the warrant. Said sections and were consolidated with minor changes in phraseology but without change of substance.

Term "property" as used in Rule 41 includes documents, books, papers and any other tangible objects, Rule 41 g. Rule 41 g , referred to in text, was redesignated 41 h by amendment eff. If any superintendent of Indian affairs, or commanding officer of a military post, or special agent of the Office of Indian Affairs for the suppression of liquor traffic among Indians and in the Indian country and any authorized deputies under his supervision has probable cause to believe that any person is about to introduce or has introduced any spirituous liquor, beer, wine or other intoxicating liquors named in sections and of this title into the Indian country in violation of law, he may cause the places, conveyances, and packages of such person to be searched.

If any such intoxicating liquor is found therein, the same, together with such conveyances and packages of such person, shall be seized and delivered to the proper officer, and shall be proceeded against by libel in the proper court, and forfeited, one-half to the informer and one-half to the use of the United States. If such person be a trader, his license shall be revoked and his bond put in suit.

Any person in the service of the United States authorized by this section to make searches and seizures, or any Indian may take and destroy any ardent spirits or wine found in the Indian country, except such as are kept or used for scientific, sacramental, medicinal, or mechanical purposes or such as may be introduced therein by the Department of the Army.

Based on sections , , of title 25 , U. Said sections , , and were consolidated. References to Indian agent and subagent were deleted since those positions no longer exist. See section 64 of title 25 , U. Words "except such as are kept or used for scientific, sacramental, medicinal or mechanical purposes" were inserted.

See reviser's note under section of this title. Inventory of property seized under search warrant and copies to persons affected, Rule 41 d. Magistrate judges and clerks of court to keep records as prescribed by Director of the Administrative Office of the United States Courts, Rule Section of title 18 , U. Rule 41 f , referred to in text, was redesignated 41 g by amendment eff.

Words "magistrate judge" substituted for "magistrate" in section catchline and "Magistrate judges" substituted for "Magistrates" in text pursuant to section of Pub. Another section was renumbered section of this title. Section effective 90 days after Oct. The test or tests shall be administered upon the request of a police officer having reasonable grounds to believe the person arrested to have been driving a motor vehicle upon the special maritime and territorial jurisdiction of the United States while under the influence of drugs or alcohol in violation of the laws of a State, territory, possession, or district.

Any person who operates a motor vehicle in the special maritime and territorial jurisdiction of the United States after having been denied such privilege under this subsection shall be treated for the purposes of any civil or criminal proceedings arising out of such operation as operating such vehicle without a license to do so. The Foreign Intelligence Surveillance Act of , referred to in subsec.

The order shall specify the additional information that the court needs before determining the sentence to be imposed. Such an order shall be treated for administrative purposes as a provisional sentence of imprisonment for the maximum term authorized by section b for the offense committed. The study shall inquire into such matters as are specified by the court and any other matters that the Bureau of Prisons or the professional consultants believe are pertinent to the factors set forth in section a.

The period of the study may, in the discretion of the court, be extended for an additional period of not more than sixty days. By the expiration of the period of the study, or by the expiration of any extension granted by the court, the United States marshal shall, if the defendant is in custody, return the defendant to the court for final sentencing.

The Bureau of Prisons or the professional consultants shall provide the court with a written report of the pertinent results of the study and make to the court whatever recommendations the Bureau or the consultants believe will be helpful to a proper resolution of the case. The report shall include recommendations of the Bureau or the consultants concerning the guidelines and policy statements, promulgated by the Sentencing Commission pursuant to 28 U.

After receiving the report and the recommendations, the court shall proceed finally to sentence the defendant in accordance with the sentencing alternatives and procedures available under this chapter. The court shall provide a copy of the presentence report to the attorney for the Government to use in collecting an assessment, criminal fine, forfeiture or restitution imposed.

Amendment by Pub. Section 7 b of Pub. Section effective Nov. The court, in determining the particular sentence to be imposed, shall consider—. A to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense;. D to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner;.

A the applicable category of offense committed by the applicable category of defendant as set forth in the guidelines—. B in the case of a violation of probation or supervised release, the applicable guidelines or policy statements issued by the Sentencing Commission pursuant to section a 3 of title 28, United States Code, taking into account any amendments made to such guidelines or policy statements by act of Congress regardless of whether such amendments have yet to be incorporated by the Sentencing Commission into amendments issued under section p of title 28 ;.

A issued by the Sentencing Commission pursuant to section a 2 of title 28, United States Code, subject to any amendments made to such policy statement by act of Congress regardless of whether such amendments have yet to be incorporated by the Sentencing Commission into amendments issued under section p of title 28 ; and.

B that, except as provided in section g , is in effect on the date the defendant is sentenced. In determining whether a circumstance was adequately taken into consideration, the court shall consider only the sentencing guidelines, policy statements, and official commentary of the Sentencing Commission. In the absence of an applicable sentencing guideline, the court shall impose an appropriate sentence, having due regard for the purposes set forth in subsection a 2.

In the absence of an applicable sentencing guideline in the case of an offense other than a petty offense, the court shall also have due regard for the relationship of the sentence imposed to sentences prescribed by guidelines applicable to similar offenses and offenders, and to the applicable policy statements of the Sentencing Commission.

A 2 Sentencing. I has been affirmatively and specifically identified as a permissible ground of downward departure in the sentencing guidelines or policy statements issued under section a of title 28, taking account of any amendments to such sentencing guidelines or policy statements by Congress;. II has not been taken into consideration by the Sentencing Commission in formulating the guidelines; and.

In determining whether a circumstance was adequately taken into consideration, the court shall consider only the sentencing guidelines, policy statements, and official commentary of the Sentencing Commission, together with any amendments thereto by act of Congress. In the absence of an applicable sentencing guideline in the case of an offense other than a petty offense, the court shall also have due regard for the relationship of the sentence imposed to sentences prescribed by guidelines applicable to similar offenses and offenders, and to the applicable policy statements of the Sentencing Commission, together with any amendments to such guidelines or policy statements by act of Congress.

In the event that the court relies upon statements received in camera in accordance with Federal Rule of Criminal Procedure 32 the court shall state that such statements were so received and that it relied upon the content of such statements. If the court does not order restitution, or orders only partial restitution, the court shall include in the statement the reason therefor.

The court shall provide a transcription or other appropriate public record of the court's statement of reasons, together with the order of judgment and commitment, to the Probation System and to the Sentencing Commission,, 3 and, if the sentence includes a term of imprisonment, to the Bureau of Prisons. Upon motion of the defendant or the Government, or on its own motion, the court shall—.

Upon motion of the defendant or the Government, or on its own motion, the court may in its discretion employ any additional procedures that it concludes will not unduly complicate or prolong the sentencing process. Such sentence shall be imposed in accordance with the guidelines and policy statements issued by the Sentencing Commission pursuant to section of title 28, United States Code.

The Federal Rules of Criminal Procedure, referred to in subsec. Section of the Controlled Substances Act, referred to in subsec. A generally. Prior to amendment, subpar. Prior to amendment, par. See Amendment note below. Section c of Pub. Section 8 c of Pub.

Section 9 b of Pub. Section 80 b of Pub. Section 81 b of Pub. Section b of Pub. Section 24 of Pub. The period probably should be a semicolon. Statutory Notes and Related Subsidiaries. Effective Date; Savings Provision Pub. 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.

Notwithstanding the provisions of section 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 of title 28 , during the five-year period the United States Sentencing Commission shall consist of nine members, including two ex officio, nonvoting members.

Short Title of Amendment Pub.