A bill to amend title 18, United States Code, so as to establish certain guidelines for sentencing, establish a U.S. Commission on Sentencing.

Summary

Establishes within the judicial branch a United States Commission on Sentencing. States that such commission shall exist for three years after the enactment of this Act during which it shall promulgate and distribute to all Federal courts sentencing guidelines. Specifies factors to be considered by a sentencing court in imposing a term of imprisonment, a fine, or a term of probation, including (1) the nature and circumstances of the offense and the history and characteristics of the defendant, (2) the need for the sentence to adequately deter criminal conduct, (3) whether other less restrictive sanctions have been applied to the defendant frequently or recently, and (4) any guidelines established by the commission. Requires a court in every case in which it imposes a term of imprisonment to make as part of the record and to disclose in open court to the defendant at time of sentencing a statement of the reasons for the sentence imposed. Provides that in any case in which a sentence has been imposed with the exception of certain cases involving plea agreements, a petition for review of such sentence may be filed with a United States court of appeals by (1) the United States if the sentence includes a fine or term of imprisonment less than the minimum established by law or the minimum established by the sentencing guidelines of the Commission, or (2) the defendant. Direct the court of appeals to overturn the sentence if it finds that (1) the Commissions guidelines were clearly erroneously applied, (2) the Commissions guidelines were properly applied but that the sentence imposed outside the guidelines was otherwise clearly unreasonable, or (3) that the sentence imposed was within the guidelines but was otherwise clearly erroneous.

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1 official file

• Introduced in House

  summary · EN · 9 June 1977

  Open at official source

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