Sentencing Reform Act of 1979

Summary

Sentencing Reform Act of 1979 - Directs the Judicial Conference of the United States to: (1) analyze on a continuing basis data on the sentences imposed by Federal courts in criminal cases, the nature and circumstances of the offenses, and the history and characteristics of the defendants; (2) develop advisory sentencing guidelines for Federal judges to use in imposing sentences; (3) make available at least annually to Federal courts and other persons such guidelines and information concerning patterns and practices in the sentencing of persons convicted of Federal offenses; (4) evaluate the impact of such guidelines on prosecutorial discretion, plea bargaining, and unwarranted sentencing disparities; and (5) report annually to Congress on such activities, including legislative recommendations. Specifies factors which a court must consider in determining a particular sentence, including: (1) effective alternatives to imprisonment; and (2) any applicable advisory sentencing guidelines. Allows a defendant to commence proceedings for an appeal of a sentence by filing a petition with the court of appeals which contains a statement showing a substantial basis for determining that such sentence is clearly unreasonable. Disallows such review if: (1) the sentence was part of a plea agreement and was agreed to by the parties or was no greater than the Government attorney agreed to accept under the Federal Rules of Criminal Procedure; or (2) review is available through the current provision for dangerous special offenders. Directs the appellate court to determine whether such a showing has been made. Allows the court to direct the production of portions of the record, the presentence report, a report of a diagnostic facility, and any other documents which were before the sentencing judge. Requires, upon the granting of such petition, that certain information, including any findings of the court upon which the sentence was based, be certified to the appellate court. Directs such court to: (1) affirm the sentence upon a determination that the sentence is not clearly unreasonable; or (2) remand the case for resentencing or further proceedings if the sentence is clearly unreasonable. Stipulates that a defendant upon remand shall not receive a more severe sentence than the sentence reviewed.

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1 official file

• Introduced in House

  summary · EN · 1 August 1979

  Open at official source

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