18 U.S.C. 3742: Review of a sentence

2003

• Pub. L. 108–21, §401(d)(2), in concluding provisions, substituted ", 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)… (Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003) Law text · (e)
• Pub. L. 108–21, §401(d)(1), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "is outside the applicable guideline range, and is unreasonable, having regard for— (Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003) Law text · (e)
• Pub. L. 108–21, §401(d)(3)(A), struck out "the sentence" before dash at end of introductory provisions. (Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003) Law text · (f)
• Pub. L. 108–21, §401(d)(3)(B), inserted "the sentence" before "was imposed". (Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003) Law text · (f)
• Pub. L. 108–21, §401(d)(3)(C), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "is outside the applicable guideline range and is unreasonable or was imposed for an offense for which there is no applicable sentencing guideline and is plainly unreasonable, it… (Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003) Law text · (f)
• Pub. L. 108–21, §401(d)(3)(D), inserted "the sentence" before "is not described". (Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003) Law text · (f)
• Pub. L. 108–21, §401(e), added subsec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i), respectively. (Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003) Law text · (g), (h), (i)
• Pub. L. 108–21, §401(f), added subsec. (j). (Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003) Law text · (j)

1994

• Pub. L. 103–322 struck out comma after "Government" in introductory provisions. · (b)

1990

• Pub. L. 101–647, §3501, struck out ", with the personal approval of the Attorney General or the Solicitor General" after "The Government" in introductory provisions and inserted at end "The Government may not further prosecute such appeal without the personal approval of the Attorney G… · (b)
• Pub. L. 101–647, §3503, inserted "(except for the requirement of approval by the Attorney General or the Solicitor General in the case of a Government appeal)" after "and this section shall apply". · (g)

1988

• Pub. L. 100–690, §7103(a)(1), struck out "issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)" after "guidelines". · (a)
• Pub. L. 100–690, §7103(a)(2), added par. (3) and struck out former par. (3) which read as follows: "was imposed for an offense for which a sentencing guideline has been issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(1), and the sentence is greater than— · (a)
• Pub. L. 100–690, §7103(a)(4), added par. (4) and struck out former par. (4) which read as follows: "was imposed for an offense for which no sentencing guideline has been issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(1) and is plainly unreasonable or greater than t… · (a)
• Pub. L. 100–690, §7103(a)(5), inserted ", with the personal approval of the Attorney General or the Solicitor General," after "The Government" in introductory provisions, and struck out concluding provisions which read as follows: "and the Attorney General or the Solicitor General pers… · (b)
• Pub. L. 100–690, §7103(a)(1), struck out "issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)" after "guidelines". · (b)
• Pub. L. 100–690, §7103(a)(3), added par. (3) and struck out former par. (3) which read as follows: "was imposed for an offense for which a sentencing guideline has been issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(1), and the sentence is less than— · (b)
• Pub. L. 100–690, §7103(a)(5)(A), added par. (4) and struck out former par. (4) which read as follows: "was imposed for an offense for which no sentencing guideline has been issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(1) and is plainly unreasonable or less than t… · (b)
• Pub. L. 100–690, §7103(a)(8), added subsec. (c). Former subsec. (c) redesignated (d). · (c)
• Pub. L. 100–690, §7103(a)(8), redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e). · (d)
• Pub. L. 100–690, §7103(a)(6), (7), substituted "applicable guideline range" for "range of the applicable sentencing guideline" in par. (3) and inserted "and shall give due deference to the district court's application of the guidelines to the facts" after "are clearly erroneous" in concluding provi… · (d)
• Pub. L. 100–690, §7103(a)(8), redesignated former subsec. (d) as (e). Former subsec. (e) redesignated (f). · (e)
• Pub. L. 100–690, §7103(a)(6), substituted "applicable guideline range" for "range of the applicable sentencing guideline". · (e)
• Pub. L. 100–690, §7103(a)(8), redesignated former subsecs. (e) and (f) as (f) and (g), respectively. · (f), (g)
• Pub. L. 100–690, §7103(a)(9), added subsec. (h). · (h)

1987

• Pub. L. 100–182, §5(1), substituted "and is plainly unreasonable or greater than the sentence specified in a plea agreement under" for "and is greater than the sentence specified in a plea agreement, if any, under". · (a)
• Pub. L. 100–182, §5(2), substituted "and is plainly unreasonable or less than the sentence specified in a plea agreement under" for "and is less than the sentence specified in a plea agreement, if any, under". · (b)
• Pub. L. 100–182, §5(3), added par. (4). · (d)
• Pub. L. 100–182, §5(4), inserted "or was imposed for an offense for which there is no applicable sentencing guideline and is plainly unreasonable" in introductory provisions. · (e)
• Pub. L. 100–182, §5(5), substituted "and" for "the court shall" before "remand". · (e), (B)
• Pub. L. 100–182, §6, amended par. (3) generally. Prior to amendment, par. (3) read as follows: "was not imposed in violation of law or imposed as a result of an incorrect application of the sentencing guidelines, and is not unreasonable, it shall affirm the sentence." · (e)
• Pub. L. 100–182, §4, added subsec. (f). · (f)

1986

• Pub. L. 99–646, §73(a)(1), substituted provision directing the court to remand the case for further sentencing proceedings with such instructions as the court considers appropriate, for provision directing the court to remand the case for further sentencing proceedings or correct th… · (e)
• Pub. L. 99–646, §73(a)(2), substituted provision directing the court to remand the case for further sentencing proceedings with such instructions as the court considers appropriate for provision directing the court to remand the case for imposition of a lesser sentence, remand th… · (e)
• Pub. L. 99–646, §73(a)(2), substituted provision directing the court to remand the case for further sentencing proceedings with such instructions as the court considers appropriate, for provision directing the court to remand the case for imposition of a greater sentence, remand … · (e)