A bill to amend chapter 235 of title 18, United States Code, to provide for the appellate review of sentences imposed in criminal cases arising in the district courts of the United States.

Summary

Allows a defendant to file an application for leave to appeal from the district court to the court of appeals the sentence of imprisonment or death imposed in any felony case: (1) after a finding of guilt; (2) after the modification of an order suspending the imposition or execution of a sentence, or (3) after a resentence under any other applicable provision of law. States that in reviewing such application the court of appeals shall consider whether the sentence imposed on the defendent is excessive, although within lawful limits. Provides that if the application for leave to appeal is denied by the court of appeals, the decision is final and not subject to further judicial review. Provides that upon consideration of the appeal the court of appeals may dismiss the appeal, affirm, reduce, modify, vacate, or set aside the sentence imposed, remand the cause and direct the entry of an appropriate sentence or direct such further proceedings to be had as may be required under the circumstances. States the defendent's sentence shall not be increased as a result of an appeal under this Act. (Adds 18 U.S.C. 3742)

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1 official file

• Introduced in Senate

  summary · EN · 1 February 1973

  Open at official source

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