Page:United States Statutes at Large Volume 98 Part 2.djvu/854

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.
PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 2014

Repeal. 18 USC 5041. 18 USC 5042.

PUBLIC LAW 98-473—OCT. 12, 1984

"(B) in any other case beyond the lesser of^ "(i) three years; or "(ii) the maximum term of imprisonment that would be authorized by section 3581(b) if the juvenile had been tried and convicted as an adult.". (b) Section 5041 is repealed. (c) Section 5042 is amended by— Q) striking out "parole or" each place it appears in the caption and text; and (2) striking out "parolee or", (d) The sectional analysis is amended by striking out the items relating to sections 5041 and 5042 and inserting in lieu thereof the following: "5041. Repealed. "5042. Revocation of Probation.".

18 USC app.

SEC. 215. The Federal Rules of Criminal Procedure are amended as follows: (a) Rule 32 is amended— (1) by deleting subdivision (a)(1) and inserting in lieu thereof the following: "(1) IMPOSITION OF SENTENCE.—Sentence shall be imposed without unnecessary delay, but the court may, upon a motion that is jointly filed by the defendant and by the attorney for the Government and that asserts a factor important to the sentencing determination is not capable of being resolved at that time, postpone the imposition of sentence for a reasonable time until the factor is capable of being resolved. Prior to the sentencing hearing, the court shall provide the counsel for the defendant and the attorney for the Government with notice of the probation officer's determination, pursuant to the provisions of subdivision (c)(2)(B), of the sentencing classifications and sentencing guideline range believed to be applicable to the case. At the sentencing hearing, the court shall afford the counsel for the defendant and the attorney for the Government an opportunity to comment upon the probation officer's determination and on other matters relating to the appropriate sentence. Before imposing sentence, the court shall also— "(A) determine that the defendant and his counsel have had the opportunity to read and discuss the presentence investigation report made available pursuant to subdivision (c)(3)(A) or summary thereof made available pursuant to subdivision (CX3XB); "(B) afford counsel for the defendant an opportunity to speak on behalf of the defendant; and "(C) address the defendant personally and ask him if he wishes to make a statement in his own behalf and to present any information in mitigation of the sentence. The attorney for the Government shall have an equivalent opportunity to speak to the court. Upon a motion that is jointly filed by the defendant and by the attorney for the Government, the court may hear in camera such a statement by the defendant, counsel for the defendant, or the attorney for the Government."; (2) in subdivision (a)(2), by adding ", including any right to appeal the sentence," after "right to appeal" in the first sentence;