18 U.S.C. § 3562 — Imposition of a sentence of probation
submitted 42 years ago by Pub. L. 98-473 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 145 words · no verdicts yet
When deciding whether to impose probation, its length, and its conditions, the court must consider applicable section 3553(a) factors. A conviction judgment with probation is final for other purposes even if probation may later be changed, revoked, corrected, or appealed.
(a) Factors. The court must consider applicable factors in section 3553(a) when deciding whether to impose probation and, if so, its length and conditions. (b) Final judgment. Even though probation may later be modified or revoked under sections 3564 or 3565, corrected under Federal Rule of Criminal Procedure 35 and section 3742, or appealed and modified outside the guideline range under section 3742, a conviction judgment including probation is final for all other purposes.
The court, in determining whether to impose a term of probation, and, if a term of probation is to be imposed, in determining the length of the term and the conditions of probation, shall consider the factors set forth in section 3553(a) to the extent that they are applicable.
Notwithstanding the fact that a sentence of probation can subsequently be—
modified or revoked pursuant to the provisions of section 3564 or 3565;
corrected pursuant to the provisions of rule 35 of the Federal Rules of Criminal Procedure and section 3742; or
appealed and modified, if outside the guideline range, pursuant to the provisions of section 3742;
a judgment of conviction that includes such a sentence constitutes a final judgment for all other purposes.
Source credit: (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1992; amended Pub. L. 101–647, title XXXV, § 3583, Nov. 29, 1990, 104 Stat. 4930.)
- 1984Enacted · Pub. L. 98-473 · 98 Stat. 1992
- 1990Amended · Pub. L. 101-647 · 104 Stat. 4930
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-473 on 1984-10-12.
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