Page:United States Statutes at Large Volume 100 Part 5.djvu/119

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-646—NOV. 10, 1986

100 STAT. 3593

(3) in subsection (t)— (A) by inserting "in what circumstances and" after "specify"; and (B) by striking out "that are outside the applicable guideline ranges". SEC. 7. PRESENTENCE REPORTS.

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(a) IN GENERAL.—Section 3552 of title 18, United States Code, is amended— (1) in the third sentence of subsection (b), by striking out "take" and inserting "be" in lieu thereof; (2) in the eighth sentence of subsection (b), by inserting ", if the defendant is in custody," after "the United States marshal shall"; and

(3) in subsection (c), by striking out "it may" and all that J ' follows through "4247." and inserting in lieu thereof "the court ^ may order the same psychiatric or psychological examination '^'-'• and report thereon as may be ordered under section 4244(b) of this title.". (b) EFFECTIVE DATE.—The amendments made by this section shall 18 USC 3552 take effect on the date of the taking effect of section 3552 of title 18, note. United States Code. SEC. 8. RESTITUTION ORDERS.

(a) IN GENERAL.—Section 3553(c) of title 18, United States Code, is amended by striking out "If the sentence does not include an order .. of restitution" and inserting in lieu thereof "If the court does not order restitution, or orders only partial restitution". (b) CONFORMING AMENDMENT.—Section 3579(a) of title 18, United ••• ^• States Code, is amended— (1) by striking out "(1)" where it appears after "(a)"; and (2) by striking out paragraph (2). (c) EFFECTIVE DATE.—The amendments made by this section shall 18 USC 3553 take effect on the date of the taking effect of section 3553 of title 18, note. United States Code. SEC. 9. SENTENCING IN ABSENCE OF APPLICABLE GUIDELINE.

(a) IN GENERAL.—Section 3553(b) of title 18, United States Code, is amended by adding at the end thereof "In the absence of an applicable sentencing guideline, the court shall impose an appropriate sentence, having due regard for the relationship of the sentence imposed to sentences prescribed by guidelines applicable to similar offenses and offenders, the applicable policy statements of the Sentencing Commission, and the purposes of sentencing set i >- • forth in subsection (a)(2).". (b) EFFECTIVE DATE.—The amendments made by this section shall 18 USC 8553 take effect on the date of the taking effect of section 3553 of title 18, note. United States Code. SEC. 10. ELIMINATION OF DISCHARGE OF LIABILITY FOR UNEXECUTED FINE OR OTHER PUNISHMENT IMPOSED BY FULFILLMENT OF PROBATION TERMS AND CONDITIONS.

(a) IN GENERAL.—Section 3561(a) of title 18, United States Code, as added by section 212(a) of the Comprehensive Crime Control Act of -act J - J '• 1984, is amended by striking out the second sentence. (b) EFFECTIVE DATE.—The amendment made by this section shall 18 USC 3561 take effect on the date of the taking effect of such section 3561(a). note.