117 STAT. 670
PUBLIC LAW 108–21—APR. 30, 2003 (3) by inserting ‘‘and to the Sentencing Commission,’’ after ‘‘to the Probation System’’. (d) REVIEW OF A SENTENCE.— (1) REVIEW OF DEPARTURES.—Section 3742(e)(3) of title 18, United States Code, is amended to read as follows: ‘‘(3) is outside the applicable guideline range, and ‘‘(A) the district court failed to provide the written statement of reasons required by section 3553(c); ‘‘(B) the sentence departs from the applicable guideline range based on a factor that— ‘‘(i) does not advance the objectives set forth in section 3553(a)(2); or ‘‘(ii) is not authorized under section 3553(b); or ‘‘(iii) is not justified by the facts of the case; or ‘‘(C) the sentence departs to an unreasonable degree from the applicable guidelines range, having regard for the factors to be considered in imposing a sentence, as set forth in section 3553(a) of this title and the reasons for the imposition of the particular sentence, as stated by the district court pursuant to the provisions of section 3553(c); or’’. (2) STANDARD OF REVIEW.—The last paragraph of section 3742(e) of title 18, United States Code, is amended by striking ‘‘shall give due deference to the district court’s application of the guidelines to the facts’’ and inserting ‘‘, except with respect to determinations under subsection (3)(A) or (3)(B), shall give due deference to the district court’s application of the guidelines to the facts. With respect to determinations under subsection (3)(A) or (3)(B), the court of appeals shall review de novo the district court’s application of the guidelines to the facts’’. (3) DECISION AND DISPOSITION.— (A) The first paragraph of section 3742(f) of title 18, United States Code, is amended by striking ‘‘the sentence’’; (B) Section 3742(f)(1) of title 18, United States Code, is amended by inserting ‘‘the sentence’’ before ‘‘was imposed’’; (C) Section 3742(f)(2) of title 18, United States Code, is amended to read as follows: ‘‘(2) the sentence is outside the applicable guideline range and the district court failed to provide the required statement of reasons in the order of judgment and commitment, or the departure is based on an impermissible factor, or is to an unreasonable degree, or the sentence was imposed for an offense for which there is no applicable sentencing guideline and is plainly unreasonable, it shall state specific reasons for its conclusions and— ‘‘(A) if it determines that the sentence is too high and the appeal has been filed under subsection (a), it shall set aside the sentence and remand the case for further sentencing proceedings with such instructions as the court considers appropriate, subject to subsection (g); ‘‘(B) if it determines that the sentence is too low and the appeal has been filed under subsection (b), it shall set aside the sentence and remand the case for further sentencing proceedings with such instructions as the court considers appropriate, subject to subsection (g);’’; and
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