The law › Title 18, Crimes and Criminal Procedure › Chapter 227
18 U.S.C. 3553: Imposition of a sentence
Created in 1984 by Public Law 98-473. Changed by 10 later laws. No bill we track in this Congress changes it.
6 other sections of the Code cite this one, including 6 U.S.C. 657, 18 U.S.C. 3742, 28 U.S.C. 991, 28 U.S.C. 994, 28 U.S.C. 995.
- past change
- enacted this Congress
- proposed
This Congress
No bill we track in the 119th Congress changes this section.
How it got here
2018
- Pub. L. 115–391, §402(a)(1)(A), (C), in introductory provisions, substituted ", section 1010" for "or section 1010" and inserted ", or section 70503 or 70506 of title 46" after "963)", and inserted concluding provisions. (First Step Act of 2018) Law text · (f)
- Pub. L. 115–391, §402(a)(1)(B), added par. (1) and struck out former par. (1) which read as follows: "the defendant does not have more than 1 criminal history point, as determined under the sentencing guidelines;". (First Step Act of 2018) Law text · (f)
- Pub. L. 115–391, §402(a)(2), added subsec. (g). (First Step Act of 2018) Law text · (g)
2010
- Pub. L. 111–174 substituted "a statement of reasons form issued under section 994(w)(1)(B) of title 28" for "the written order of judgment and commitment". Law text · (c)
2003
- Pub. L. 108–21, §401(j)(5)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "the applicable category of offense committed by the applicable category of defendant as set forth in the guidelines issued by the Sentencing Commission pursuant to sect… (Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003) Law text · (a)
- Pub. L. 108–21, §401(j)(5)(B), inserted before semicolon at end ", taking into account any amendments made to such guidelines or policy statements by act of Congress (regardless of whether such amendments have yet to be incorporated by the Sentencing Commission into amendments is… (Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003) Law text · (a)
- Pub. L. 108–21, §401(j)(5)(C), amended par. (5) generally. Prior to amendment, par. (5) read as follows: "any pertinent policy statement issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(2) that is in effect on the date the defendant is sentenced;". (Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003) Law text · (a)
- Pub. L. 108–21, §401(a), designated existing provisions as par. (1), inserted par. heading, substituted "Except as provided in paragraph (2), the court" for "The court", and added par. (2) and concluding provisions. (Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003) Law text · (b)
- Pub. L. 108–21, §401(c)(2), (3), in concluding provisions, inserted ", together with the order of judgment and commitment," after "the court's statement of reasons" and "and to the Sentencing Commission," after "to the Probation System". (Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003) Law text · (c)
- Pub. L. 108–21, §401(c)(1), substituted "described, which reasons must also be stated with specificity in the written order of judgment and commitment, except to the extent that the court relies upon statements received in camera in accordance with Federal Rule of Criminal Procedure… (Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003) Law text · (c)
2002
- Pub. L. 107–273 inserted "a" before "minimum sentence". (21st Century Department of Justice Appropriations Authorization Act) Law text · (e)
1996
- Pub. L. 104–294, §601(h), amended directory language of Pub. L. 103–322, §80001(a). See 1994 Amendment note below. (Economic Espionage Act of 1996) Law text · (f)
- Pub. L. 104–294, §601(b)(5), in introductory provisions, substituted "section 1010 or 1013 of the Controlled Substances Import and Export Act (21 U.S.C. 960, 963)" for "section 1010 or 1013 of the Controlled Substances Import and Export Act (21 U.S.C. 961, 963)". (Economic Espionage Act of 1996) Law text · (f)
- Pub. L. 104–294, §601(b)(6), substituted "section 408 of the Controlled Substances Act" for "21 U.S.C. 848". (Economic Espionage Act of 1996) Law text · (f)
1994
- Pub. L. 103–322, §280001, amended par. (4) generally. Prior to amendment, par. (4) read as follows: "the kinds of sentence and the sentencing range established for the applicable category of offense committed by the applicable category of defendant as set forth in the guidelines tha… · (a)
- Pub. L. 103–322, §80001(a), as amended by Pub. L. 104–294, §601(h), added subsec. (f). · (f)
1988
- Pub. L. 100–690 inserted "or other appropriate public record" after "transcription" in second sentence and struck out "clerk of the" before "court" in last sentence. · (c)
1987
- Pub. L. 100–182, §3(1), (2), substituted "court finds that there exists an aggravating or mitigating circumstance of a kind, or to a degree, not adequately taken into consideration by the Sentencing Commission in formulating the guidelines that should result" for "court finds that an a… · (b)
- Pub. L. 100–182, §3(3), inserted after first sentence "In determining whether a circumstance was adequately taken into consideration, the court shall consider only the sentencing guidelines, policy statements, and official commentary of the Sentencing Commission." · (b)
- Pub. L. 100–182, §16(a), substituted "In the absence of an applicable sentencing guideline, the court shall impose an appropriate sentence, having due regard for the purposes set forth in subsection (a)(2). In the absence of an applicable sentencing guideline in the case of an offense other than a … · (b)
- Pub. L. 100–182, §17, inserted "and that range exceeds 24 months,". · (c)
1986
- Pub. L. 99–646, §81(a), added par. (7). · (a)
- Pub. L. 99–646, §9(a), inserted provision relating to sentencing in the absence of applicable guidelines. · (b)
- Pub. L. 99–646, §8(a), substituted "If the court does not order restitution, or orders only partial restitution" for "If the sentence does not include an order of restitution". · (c)
- Pub. L. 99–646, §80(a), struck out "or restitution" after "notice" in heading, and struck out "or an order of restitution pursuant to section 3556," after "section 3555," in introductory text. · (d)
- Pub. L. 99–570 added subsec. (e). · (e)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.