-CITE-
21 USC Sec. 848 01/22/02
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION
AND CONTROL
SUBCHAPTER I - CONTROL AND
ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 848. Continuing criminal
enterprise
-STATUTE-
(a) Penalties;
forfeitures Any person
who engages in a continuing criminal enterprise shall be
sentenced to a term of imprisonment which may not be less than 20
years and which may be up to life imprisonment, to a fine not to exceed
the greater of that authorized in accordance with the provisions
of title 18 or $2,000,000 if the defendant is an individual
or $5,000,000 if the defendant is other than an individual,
and to the forfeiture prescribed in section 853
of this title; except
that if any person engages in such activity after one or
more prior convictions of him under this section have become final,
he shall be sentenced to a term of imprisonment which may not
be less than 30 years and which may be up to life imprisonment, to
a fine not to exceed the greater of twice the amount authorized in
accordance with the provisions of title 18 or $4,000,000 if the defendant
is an individual or $10,000,000 if the defendant is other than
an individual, and to the forfeiture prescribed in section 853
of this title.
(b) Life imprisonment
for engaging in continuing criminal enterprise
Any person who engages
in a continuing criminal enterprise shall be
imprisoned for life and fined in accordance with subsection (a) of
this section, if -
(1) such person is the principal
administrator, organizer, or leader
of the enterprise or is one of several such principal administrators,
organizers, or leaders; and
(2)(A) the violation referred
to in subsection (c)(1) of this section involved at least 300 times
the quantity of a substance described in subsection 841(b)(1)(B) of
this title, or
(B) the enterprise, or
any other enterprise in which the defendant was the principal or
one of several principal administrators, organizers, or leaders,
received $10 million dollars in gross receipts during any twelve-month
period of its existence for the manufacture, importation, or distribution
of a substance described in section 841(b)(1)(B) of this title.
(c) ''Continuing
criminal enterprise'' defined
For purposes of subsection
(a) of this section, a person is engaged
in a continuing criminal enterprise if -
(1) he violates any provision
of this subchapter or subchapter II of this chapter the punishment
for which is a felony, and
(2) such violation is a
part of a continuing series of violations
of this subchapter or subchapter II of this chapter -
(A) which are undertaken
by such person in concert with five or
more other persons with respect to whom such person occupies a
position of organizer, a supervisory position, or any other position
of management, and
(B) from which such person
obtains substantial income or resources.
(d) Suspension
of sentence and probation prohibited In the case of any sentence imposed
under this section, imposition or execution of such sentence shall not
be suspended, probation shall not be granted, and the Act of July 15,
1932 D.C. Code, secs. 24-203 - 24-207), shall not apply.
(e) Death
penalty
(1) In addition to the other
penalties set forth in this section -
(A) any person engaging
in or working in furtherance of a continuing criminal enterprise,
or any person engaging in an offense punishable under section 841(b)(1)(A)
of this title or section 960(b)(1) of this title who intentionally
kills or counsels, commands, induces, procures, or causes the intentional
killing of an individual and such killing results, shall be sentenced
to any term of imprisonment, which shall not be less than 20 years,
and which may be up to life imprisonment, or may be sentenced to
death; and
(B) any person, during
the commission of, in furtherance of, or while attempting to avoid
apprehension, prosecution or service of a
prison sentence for, a felony violation of this subchapter or subchapter
II of this chapter who intentionally kills or counsels,
commands, induces, procures, or causes the intentional killing
of any Federal, State, or local law enforcement officer engaged
in, or on account of, the performance of such officer's official
duties and such killing results, shall be sentenced to any
term of imprisonment, which shall not be less than 20 years, and
which may be up to life imprisonment, or may be sentenced to death.
(2) As used in paragraph
(1)(b), (FOOTNOTE 1) the term ''law enforcement
officer'' means a public servant authorized by law or by
a Government agency or Congress to conduct or engage in the prevention,
investigation, prosecution or adjudication of an offense,
and includes those engaged in corrections, probation, or parole
functions.
(FOOTNOTE 1) So in original.
Probably should be paragraph''(1)(B),''.
(g) (FOOTNOTE
2) Hearing required with respect to death penalty
(FOOTNOTE 2) So in original.
Section does not contain a subsec. (f),
see 1988 Amendment note below. A
person shall be subjected to the penalty of death for any offense
under this section only if a hearing is held in accordance with
this section.
(h) Notice
by Government in death penalty cases
(1) Whenever the Government
intends to seek the death penalty for an offense under this section
for which one of the sentences provided is death, the attorney for
the Government, a reasonable time before trial or acceptance by the
court of a plea of guilty, shall sign and file with the court, and
serve upon the defendant, a notice -
(A) that the Government
in the event of conviction will seek the
sentence of death; and
(B) setting forth the
aggravating factors enumerated in subsection
(n) of this section and any other aggravating factors which
the Government will seek to prove as the basis for the death
penalty.
(2) The court may permit
the attorney for the Government to amend this
notice for good cause shown.
(i) Hearing
before court or jury
(1) When the attorney for
the Government has filed a notice as required
under subsection (h) of this section and the defendant is found
guilty of or pleads guilty to an offense under subsection (e) of
this section, the judge who presided at the trial or before whom the
guilty plea was entered, or any other judge if the judge who presided
at the trial or before whom the guilty plea was entered is unavailable,
shall conduct a separate sentencing hearing to determine
the punishment to be imposed. The hearing shall be conducted
-
(A) before the jury which
determined the defendant's guilt;
(B) before a jury impaneled
for the purpose of the hearing if -
(i) the defendant was
convicted upon a plea of guilty;
(ii) the defendant was
convicted after a trial before the court
sitting without a jury;
(iii) the jury which
determined the defendant's guilt has been
discharged for good cause; or
(iv) after initial imposition
of a sentence under this section,
redetermination of the sentence under this section is necessary;
or
(C) before the court alone,
upon the motion of the defendant and
with the approval of the Government.
(2) A jury impaneled under
paragraph (1)(B) shall consist of 12 members,
unless, at any time before the conclusion of the hearing, the
parties stipulate with the approval of the court that it shall consist
of any number less than 12.
(j) Proof
of aggravating and mitigating factors
Notwithstanding rule 32(c) of the Federal Rules of Criminal Procedure,
when a defendant is found guilty of or pleads guilty to an offense under
subsection (e) of this section, no presentence report shall be prepared.
In the sentencing hearing, information may be presented as to matters
relating to any of the aggravating or mitigating factors set forth in
subsections (m) and (n) of this section, or any other mitigating factor
or any other aggravating factor for which notice has been provided under
subsection (h)(1)(B) of this section. Where information is presented
relating to any of the aggravating factors set forth in subsection (n)
of this section, information may be presented relating to any other
aggravating factor for which notice has been provided under subsection
(h)(1)(B) of this section. Information presented may include the trial
transcript and exhibits if the hearing is held before a jury or judge
not present during the trial, or at the trial judge's discretion. Any
other information relevant to such mitigating or aggravating factors
may be presented by either the Government or the defendant, regardless
of its admissibility under the rules governing admission of evidence
at criminal trials, except that information may be excluded if its probative
value is substantially outweighed by the danger of unfair prejudice,
confusion of the issues, or misleading the jury. The Government and
the defendant shall be permitted to rebut any information received at
the hearing and shall be given fair opportunity to present argument
as to the adequacy of the information to establish the existence of
any of the aggravating or mitigating factors and as to appropriateness
in that case of imposing a sentence of death. The Government shall open
the argument. The defendant shall be permitted to reply. The Government
shall then be permitted to reply in rebuttal. The burden of establishing
the existence of any aggravating factor is on the Government, and is
not satisfied unless established beyond a reasonable doubt. The burden
of establishing the existence of any mitigating factor is on the defendant,
and is not satisfied unless established by a preponderance of the evidence.
(k) Return
of findings
The jury, or if there is no jury, the court, shall consider all the
information received during the hearing. It shall return special findings
identifying any aggravating factors set forth in subsection (n) of this
section, found to exist. If one of the aggravating factors set forth
in subsection (n)(1) of this section and another of the aggravating
factors set forth in paragraphs (2) through (12) of subsection (n) of
this section is found to exist, a special finding identifying any other
aggravating factor for which notice has been provided under subsection
(h)(1)(B) of this section, may be returned. A finding with respect to
a mitigating factor may be made by one or more of the members of the
jury, and any member of the jury who finds the existence of a mitigating
factor may consider such a factor established for purposes of this subsection,
regardless of the number of jurors who concur that the factor has been
established. A finding with respect to any aggravating factor must be
unanimous. If an aggravating factor set forth in subsection (n)(1) of
this section is not found to exist or an aggravating factor set forth
in subsection (n)(1) of this section is found to exist but no other
aggravating factor set forth in subsection (n) of this section is found
to exist, the court shall impose a sentence, other than death, authorized
by law. If an aggravating factor set forth in subsection (n)(1) of this
section and one or more of the other aggravating factors set forth in
subsection (n) of this section are found to exist, the jury, or if
there is no jury, the court, shall then consider whether the aggravating
factors found to exist sufficiently outweigh any mitigating
factor or factors found to exist, or in the absence of mitigating
factors, whether the aggravating factors are themselves sufficient
to justify a sentence of death. Based upon this consideration,
the jury by unanimous vote, or if there is no jury, the
court, shall recommend that a sentence of death shall be imposed
rather than a sentence of life imprisonment without possibility
of release or some other lesser sentence. The jury or the
court, regardless of its findings with respect to aggravating and
mitigating factors, is never required to impose a death sentence
and the jury shall be so instructed.
(l) Imposition
of sentence
Upon the recommendation that the sentence of death be imposed, the court
shall sentence the defendant to death. Otherwise the court shall impose
a sentence, other than death, authorized by law. A sentence of death
shall not be carried out upon a person who is under 18 years of age
at the time the crime was committed. A sentence of death shall not be
carried out upon a person who is mentally retarded. A sentence of death
shall not be carried out upon a person who, as a result of mental disability
-
(1) cannot understand the
nature of the pending proceedings, what
such person was tried for, the reason for the punishment, or the
nature of the punishment; or
(2) lacks the capacity
to recognize or understand facts which would
make the punishment unjust or unlawful, or lacks the ability
to convey such information to counsel or to the court.
(m) Mitigating
factors
In determining whether a sentence of death is to be imposed on a defendant,
the finder of fact shall consider mitigating factors, including the
following:
(1) The defendant's capacity
to appreciate the wrongfulness of the
defendant's conduct or to conform conduct to the requirements of
law was significantly impaired, regardless of whether the capacity
was so impaired as to constitute a defense to the charge.
(2) The defendant was under
unusual and substantial duress, regardless of whether the duress was
of such a degree as to constitute a defense to the charge.
(3) The defendant is punishable
as a principal (as defined in section 2 of title 18) in the offense,
which was committed by another, but the defendant's participation
was relatively minor, regardless of whether the participation was
so minor as to constitute a defense to the charge.
(4) The defendant could
not reasonably have foreseen that the defendant's
conduct in the course of the commission of murder, or other
offense resulting in death for which the defendant was convicted,
would cause, or would create a grave risk of causing, death
to any person.
(5) The defendant was youthful,
although not under the age of 18.
(6) The defendant did not
have a significant prior criminal record.
(7) The defendant committed
the offense under severe mental or emotional
disturbance.
(8) Another defendant or
defendants, equally culpable in the crime,
will not be punished by death.
(9) The victim consented
to the criminal conduct that resulted in
the victim's death.
(10) That other factors
in the defendant's background or character mitigate against imposition
of the death sentence.
(n) Aggravating
factors for homicide
If the defendant is found guilty of or pleads guilty to an offense under
subsection (e) of this section, the following aggravating factors are
the only aggravating factors that shall be considered, unless notice
of additional aggravating factors is provided under subsection (h)(1)(B)
of this section:
(1) The defendant -
(A) intentionally killed
the victim;
(B) intentionally inflicted
serious bodily injury which resulted
in the death of the victim;
(C) intentionally engaged
in conduct intending that the victim
be killed or that lethal force be employed against the victim,
which resulted in the death of the victim;
(D) intentionally engaged
in conduct which -
(i) the defendant knew
would create a grave risk of death to
a person, other than one of the participants in the offense;
and
(ii) resulted in the
death of the victim.
(2) The defendant has been
convicted of another Federal offense,
or a State offense resulting in the death of a person, for
which a sentence of life imprisonment or a sentence of death was
authorized by statute.
(3) The defendant has previously
been convicted of two or more State
or Federal offenses punishable by a term of imprisonment of more
than one year, committed on different occasions, involving the
infliction of, or attempted infliction of, serious bodily injury
upon another person.
(4) The defendant has previously
been convicted of two or more State or Federal offenses punishable
by a term of imprisonment of more than one year, committed on different
occasions, involving the distribution of a controlled substance.
(5) In the commission of
the offense or in escaping apprehension for a violation of subsection
(e) of this section, the defendant knowingly created a grave risk
of death to one or more persons in addition to the victims of the
offense.
(6) The defendant procured
the commission of the offense by payment,
or promise of payment, of anything of pecuniary value.
(7) The defendant committed
the offense as consideration for the
receipt, or in the expectation of the receipt, of anything of pecuniary
value.
(8) The defendant committed
the offense after substantial planning
and premeditation.
(9) The victim was particularly
vulnerable due to old age, youth,
or infirmity.
(10) The defendant had previously
been convicted of violating this subchapter or subchapter II of this
chapter for which a sentence of five or more years may be imposed
or had previously been convicted of engaging in a continuing criminal
enterprise.
(11) The violation of this
subchapter in relation to which the conduct described in subsection
(e) of this section occurred was a violation of section 859
of this title.
(12) The defendant committed
the offense in an especially heinous, cruel, or depraved manner in
that it involved torture or serious physical abuse to the victim.
(o) Right
of defendant to justice without discrimination
(1) In any hearing held
before a jury under this section, the court
shall instruct the jury that in its consideration of whether the
sentence of death is justified it shall not consider the race, color,
religious beliefs, national origin, or sex of the defendant or
the victim, and that the jury is not to recommend a sentence of death
unless it has concluded that it would recommend a sentence of death
for the crime in question no matter what the race, color, religious
beliefs, national origin, or sex of the defendant, or the victim,
may be. The jury shall return to the court a certificate signed
by each juror that consideration of the race, color, religious
beliefs, national origin, or sex of the defendant or the victim
was not involved in reaching his or her individual decision, and
that the individual juror would have made the same recommendation
regarding a sentence for the crime in question no matter
what the race, color, religious beliefs, national origin, or sex
of the defendant, or the victim, may be.
(2) Not later than one year
from November 18, 1988, the Comptroller
General shall conduct a study of the various procedures used
by the several States for determining whether or not to impose the
death penalty in particular cases, and shall report to the Congress
on whether or not any or all of the various procedures create
a significant risk that the race of a defendant, or the race of
a victim against whom a crime was committed, influence the likelihood
that defendants in those States will be sentenced to death.
In conducting the study required by this paragraph, the General
Accounting Office shall -
(A) use ordinary methods
of statistical analysis, including methods
comparable to those ruled admissible by the courts in race
discrimination cases under title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.);
(B) study only crimes
occurring after January 1, 1976; and (C)
determine what, if any, other factors, including any relation
between any aggravating or mitigating factors and the race
of the victim or the defendant, may account for any evidence that
the race of the defendant, or the race of the victim, influences
the likelihood that defendants will be sentenced to death.
In addition, the General Accounting Office shall examine separately
and include in the report, death penalty cases involving
crimes similar to those covered under this section.
(p) Sentencing
in capital cases in which death penalty is not sought or imposed If
a person is convicted for an offense under subsection (e) of this section
and the court does not impose the penalty of death, the court may impose
a sentence of life imprisonment without the possibility of parole.
(q) Appeal
in capital cases; counsel for financially unable defendants
(1) In any case in which
the sentence of death is imposed under this section, the sentence
of death shall be subject to review by the court of appeals upon appeal
by the defendant. Notice of appeal must be filed within the time prescribed
for appeal of judgment in section 2107 of title 28. An appeal under
this section may be consolidated with an appeal of the judgment of
conviction. Such review shall have priority over all other cases.
(2) On review of the sentence,
the court of appeals shall consider the record, the evidence submitted
during the trial, the information submitted during the sentencing
hearing, the procedures employed in the sentencing hearing, and the
special findings returned under this section.
(3) The court shall affirm
the sentence if it determines that -
(A) the sentence of death
was not imposed under the influence of passion, prejudice, or any
other arbitrary factor; and (B) the information supports the special
finding of the existence of every aggravating factor upon which
the sentence was based, together with, or the failure to find, any
mitigating factors as set forth or allowed in this section. In all
other cases the court shall remand the case for reconsideration
under this section. The court of appeals shall state in writing
the reasons for its disposition of the review of the sentence.
(4)(A) Notwithstanding any
other provision of law to the contrary, in every criminal action in
which a defendant is charged with a crime which may be punishable
by death, a defendant who is or becomes financially unable to obtain
adequate representation or investigative, expert, or other reasonably
necessary services at any time either -
(i) before judgment;
or
(ii) after the entry
of a judgment imposing a sentence of death but
before the execution of that judgment; shall
be entitled to the appointment of one or more attorneys and the
furnishing of such other services in accordance with paragraphs
(5), (6), (7),
(8), and (9).
(B) In any post conviction
proceeding under section 2254 or 2255 of
title 28 seeking to vacate or set aside a death sentence, any defendant
who is or becomes financially unable to obtain adequate representation
or investigative, expert, or other reasonably necessary
services shall be entitled to the appointment of one or more
attorneys and the furnishing of such other services in accordance
with paragraphs (5), (6), (7), (8), and (9).
(5) If the appointment is
made before judgment, at least one attorney
so appointed must have been admitted to practice in the court
in which the prosecution is to be tried for not less than five
years, and must have had not less than three years experience in
the actual trial of felony prosecutions in that court.
(6) If the appointment is
made after judgment, at least one attorney
so appointed must have been admitted to practice in the court
of appeals for not less than five years, and must have had not
less than three years experience in the handling of appeals in that
court in felony cases.
(7) With respect to paragraphs
(5) and (6), the court, for good cause,
may appoint another attorney whose background, knowledge, or experience
would otherwise enable him or her to properly represent the
defendant, with due consideration to the seriousness of the possible
penalty and to the unique and complex nature of the litigation.
(8) Unless replaced by
similarly qualified counsel upon the attorney's own motion or upon
motion of the defendant, each attorney so appointed shall represent
the defendant throughout every subsequent stage of available judicial
proceedings, including pretrial proceedings, trial, sentencing, motions
for new trial, appeals, applications for writ of certiorari to the
Supreme Court of the United States, and all available post-conviction
process, together with applications for stays of execution and other
appropriate motions
and procedures, and shall also represent the defendant
in such competency proceedings and proceedings for executive
or other clemency as may be available to the defendant.
(9) Upon a finding that
investigative, expert, or other services are reasonably necessary
for the representation of the defendant, whether in connection with
issues relating to guilt or the sentence, the court may authorize
the defendant's attorneys to obtain such services on behalf of the
defendant and, if so authorized, shall order the payment of fees and
expenses therefore under paragraph (10). No ex parte proceeding, communication,
or request may be considered pursuant to this section unless a proper
showing is made concerning the need for confidentiality. Any such
proceeding, communication, or request shall be transcribed and made
a part of the record available for appellate review.
(10)(A) Compensation shall
be paid to attorneys appointed under this
subsection at a rate of not more than $125 per hour for in-court
and out-of-court time. Not less than 3 years after April 24,
1996, the Judicial Conference is authorized to raise the maximum
for hourly payment specified in the paragraph up to the aggregate
of the overall average percentages of the adjustments in the
rates of pay for the General Schedule made pursuant to section 5305
of title 5 on or after April 24, 1996. After the rates are raised
under the preceding sentence, such hourly range may be raised
at intervals of not less than one year, up to the aggregate of
the overall average percentages of such adjustments made since the
last raise under this paragraph.
(B) Fees and expenses
paid for investigative, expert, and other reasonably necessary services
authorized under paragraph (9) shall not exceed $7,500 in any case,
unless payment in excess of that limit is certified by the court,
or by the United States magistrate judge, if the services were rendered
in connection with the case disposed of entirely before such magistrate
judge, as necessary to provide fair compensation for services of
an unusual character or duration, and the amount of the excess payment
is approved by the chief
judge of the circuit. The chief judge of the circuit may delegate
such approval authority to an active circuit judge.
(C) The amounts paid under
this paragraph for services in any case
shall be disclosed to the public, after the disposition of the petition.
(r) Refusal
to participate by State and Federal correctional employees
No employee of any State department
of corrections or the Federal Bureau of Prisons and no employee providing
services to that department or bureau under contract shall be required,
as a condition of that employment, or contractual obligation to be in
attendance at or to participate in any execution carried out under this
section if such participation is contrary to the moral or religious
convictions of the employee. For purposes of this subsection, the term
''participation in executions'' includes personal preparation of the
condemned individual and the apparatus used for execution and supervision
of the activities of other personnel in carrying out such activities.
-SOURCE-
(Pub. L. 91-513, title II,
Sec. 408, Oct. 27, 1970, 84 Stat. 1265; Pub. L. 98-473, title II, Sec.
224(b), formerly Sec. 224(c), 305, Oct. 12, 1984, 98 Stat. 2030, 2050;
Pub. L. 99-570, title I, Sec. 1005(b)(2), 1252, 1253, Oct. 27, 1986,
100 Stat. 3207-6, 3207-14; Pub. L. 100-690, title VI, Sec. 6481, title
VII, Sec. 7001, Nov. 18, 1988, 102 Stat. 4382, 4387; Pub. L. 103-322,
title XXXIII, Sec. 330003(e), 330009(d), 330014, Sept. 13, 1994, 108
Stat. 2141, 2143, 2146; Pub. L. 104-132, title I, Sec. 108, title IX,
Sec. 903(b), Apr. 24,
1996, 110 Stat. 1226, 1318.)
-REFTEXT-
REFERENCES
IN TEXT
Act of July 15, 1932 (D.C.
Code, secs. 24-203 - 24-207), referred o in subsec. (d), is act July
15, 1932, ch. 492, 47 Stat. 696, as amended, which is not classified
to the Code.
The Federal Rules of Criminal
Procedure, referred to in subsec. (j),
are set out in the Appendix to Title 18, Crimes and Criminal Procedure.
The Civil Rights Act of 1964,
referred to in subsec. (o)(2)(A), is
Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended.
Title VII of the Civil Rights
Act of 1964 is classified generally to subchapter
VI (Sec. 2000e et seq.) of chapter 21 of Title 42, The Public
Health and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section 2000a of Title
42 and Tables.
-MISC2-
AMENDMENTS
1996 - Subsec. (q)(9). Pub.
L. 104-132, Sec. 108, amended par. (9)
generally. Prior to amendment, par. (9) read as follows:
''Upon a finding in ex parte
proceedings that investigative, expert or
other services are reasonably necessary for the representation of
the defendant, whether in connection with issues relating to guilt
or sentence, the court shall authorize the defendant's attorneys
to obtain such services on behalf of the defendant and shall
order the payment of fees and expenses therefore, under paragraph
(10). Upon a finding that timely procurement of such services
could not practicably await prior authorization, the court may
authorize the provision of and payment for such services nunc pro
tunc.''
Subsec. (q)(10). Pub. L. 104-132,
Sec. 903(b), amended par. (10) generally. Prior to amendment, par. (10)
read as follows:
''Notwithstanding the rates
and maximum limits generally applicable to
criminal cases and any other provision of law to the contrary, the
court shall fix the compensation to be paid to attorneys appointed
under this subsection and the fees and expenses to be paid
for investigative, expert, and other reasonably necessary services
authorized under paragraph (9), at such rates or amounts as
the court determines to be reasonably necessary to carry out the requirements
of paragraphs (4) through (9).''
1994 - Subsec. (b)(2)(A).
Pub. L. 103-322, Sec. 330003(e), substituted
''subsection (c)(1) of this section'' for ''subsection (d)(1)
of this section''.
Subsec. (n)(11). Pub. L. 103-322,
Sec. 330014, made technical amendment to reference to section 859
of this title to correct reference to corresponding section of original
act.
Subsec. (q)(8). Pub. L. 103-322,
Sec. 330009(d), substituted ''applications
for writ'' for ''applications, for writ''.
1988 - Subsec. (a). Pub. L.
100-690, Sec. 6481(a), increased minimum term of imprisonment for first
violations to 20 from 10 years and for subsequent violations to 30 from
20 years.
Subsecs. (c), (d). Pub. L.
100-690, Sec. 6481(b), redesignated subsecs.
(d) and (e) as (c) and (d), respectively.
Subsec. (e). Pub. L. 100-690,
Sec. 7001(a)(2), added subsec. (e).
Former subsec. (e) redesignated
(d).
Pub. L. 100-690, Sec. 7001(a)(1),
which directed redesignation of former
subsec. (e) as (f), could not be executed because of prior redesignation
of former subsec. (e) as (d) by Pub. L. 100-690, Sec.6481(b),
which resulted in there not being a subsec. (f).
Subsecs. (g) to (r). Pub.
L. 100-690, Sec. 7001(b), added subsecs.
(g) to (r).
1986 - Subsec. (a). Pub.
L. 99-570, Sec. 1252, substituted ''to a fine
not to exceed the greater of that authorized in accordance with
the provisions of title 18 or $2,000,000 if the defendant is an
individual or $5,000,000 if the defendant is other than an individual,''
for ''to a fine of not more than $100,000,'' and ''to a
fine not to exceed the greater of twice the amount authorized in accordance
with the provisions of title 18 or $4,000,000 if the defendant
is an individual or $10,000,000 if the defendant is other than
an individual,'' for ''to a fine of not more than $200,000,''.
Subsecs. (b) to (e). Pub.
L. 99-570, Sec. 1253, added subsec. (b) and
redesignated former subsecs. (b) and (c) as (d) and (e), respectively,
which resulted in there not being a subsec. (c).
1984 - Subsec. (a). Pub. L.
98-473, Sec. 305, struck out par. (1) designation, substituted references
to section 853 of this title for references to
paragraph (2) in two places, and struck out par.(2)
which related to forfeitures to the United States by any person convicted
under par. (1).
Subsec. (d). Pub. L. 98-473,
Sec. 305(b), struck out subsec. (d) relating
to jurisdiction of courts of the United States.
Subsec. (e). Pub. L. 98-473,
Sec. 224(b), as renumbered by Pub . L. 99-570, Sec. 1005(b)(2), which
directed the amendment of subsec.(c)
of this section by striking out ''and section 4202 of title 18 of
the United States Code'', was executed by striking out that language
in subsec. (e) to reflect the probable intent of Congress and
the intervening amendment by Pub. L. 99-570, Sec. 1253, which redesignated
subsec. (c) as (e). See 1986 Amendment note above.
EFFECTIVE
DATE OF 1996 AMENDMENT
Amendment by section 903(b)
of Pub. L. 104-132 effective as to cases
commenced or appeals perfected on or after Apr. 24, 1996, see section
903(c) of Pub. L. 104-132, set out as a note under section 3006A
of Title 18, Crimes and Criminal Procedure.
EFFECTIVE
DATE OF 1984 AMENDMENT
Amendment by section 224(b)
of Pub. L. 98-473 effective Nov. 1, 1987,
and applicable only to offenses committed after the taking effect
of such amendment, see section 235(a)(1) of Pub. L. 98-473, set
out as an Effective Date note under section 3551 of Title 18, Crimes
and Criminal Procedure.
GAO STUDY
OF COST OF EXECUTIONS
Section 7002 of title VII
of Pub. L. 100-690, directed Comptroller
General to conduct a study of cost of executions and report
to Congress, prior to repeal by Pub. L. 104-66, title I, Sec.
1091(d), Dec. 21, 1995, 109 Stat. 722.
-SECREF-
SECTION REFERRED
TO IN OTHER SECTIONS
This section is referred
to in section 853 of this title; title 18
sections 36, 1956, 3553, 3559, 3591, 3592, 3663; title 28 sections
2254, 2255.
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