Criminal Law

Appendix B - Selected Sentencing Statutes

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Appendix BGUIDELINES MANUALNovember 1, 2005

100-690, Title VII, § 7042, Nov. 18, 1988, 102 Stat. 4399; Pub.L. 101-647, Title XXV, § 2509, Title XXXV, § 3595, Nov. 29, 1990, 104 Stat. 4863, 4931; Pub.L. 103-272, § 5(e)(12), July 5, 1994, 108 Stat. 1374; Pub.L. 103-322, Title IV, §§ 40504, 40505, Sept. 13, 1994, 108 Stat. 1947; Pub.L. 104-132, Title II, § 205(a), Apr. 24, 1996, 110 Stat. 1229; Pub.L. 104-294, Title VI, §§ 601(r)(1)(2), 605(l), Oct. 11, 1996, 110 Stat. 3502, 3510; Pub. L. 106-310, Div. B, Title XXXVI, § 3613(c), Oct. 17, 2000, 114 Stat. 1230.)

EDITORIAL NOTES

Effective Date of 1996 Amendment. Amendment by Pub.L. 104-132 to be effective, to the extent constitutionally permissible, for sentencing proceedings in cases in which the defendant is convicted on or after Apr. 24, 1996, see section 211 of Pub.L. 104-132.

Effective Date of 1987 Amendment. Amendment by Pub.L. 100-182 applicable with respect to offenses committed after enactment of Pub.L. 100-182, which was approved Dec. 7, 1987, see section 26 of Pub.L. 100-182.

Effective Date of 1986 Amendment. Amendment of subsec. (a) by section 8(b) of Pub.L. 99-646, effective on the day section 3553 takes effect, Nov. 1, 1987, see section 8(c) of Pub.L. 99-646, set out as a note under section 3553 of this title.

Amendment of subsec. (a)(1) by section 20(a) of Pub.L. 99-646, effective on the date of taking effect of section 212(a)(2) of Pub.L. 98-473, Nov. 1, 1987, see section 20(c) of Pub.L. 99-646, set out as a note under section 3556 of this title.

Section 77(b) of Pub.L. 99-646 provided that: "The amendment made by this section [amending this section] shall take effect on the 30th day after the date of the enactment of this Act [Nov. 10, 1986]."

Section 78(b) of Pub.L. 99-646 provided that: "The amendment made by this section [amending this section] shall take effect on the 30th day after the date of the enactment of this Act [Nov. 10, 1986]."

Section 79(b) of Pub.L. 99-646 provided that: "The amendment made by this section [amending this section] shall take effect on the date of the enactment of this Act [Nov. 10, 1986]."

Effective Date and Savings Provisions of 1984 Amendment. Amendment by Pub.L. 98-473 effective on the first day of first calendar month beginning thirty-six months after Oct. 12, 1984, applicable only to offenses committed after taking effect of sections 211 to 239 of Pub.L. 98-473, and except as otherwise provided for therein, see section 235 of Pub.L. 98-473, as amended, set out as a note under section 3551 of this title.

Effective Date. Section effective with respect to offenses occurring after Jan. 1, 1983, pursuant to section 9(b)(2) of Pub.L. 97-291.

§ 3663A. Mandatory restitution to victims of certain crimes

(a)(1) Notwithstanding any other provision of law, when sentencing a defendant convicted of an offense described in subsection (c), the court shall order, in addition to, or in the case of a misdemeanor, in addition to or in lieu of, any other penalty authorized by law, that the defendant make restitution to the victim of the offense or, if the victim is deceased, to the victim’s estate.

(2) For the purposes of this section, the term "victim" means a person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered including, in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity, any person directly harmed by the defendant’s criminal conduct in the course of the scheme, conspiracy, or pattern. In the case

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