Page:United States Statutes at Large Volume 101 Part 2.djvu/280

 101 STAT. 1266

PUBLIC LAW 100-182—DEC. 7, 1987

Public Law 100-182 100th Congress Dec. 7, 1987 [S. 1822] Sentencing Act of 1987. Penalties. Prisoners. 18 USC 3551 note. 18 USC 3551 note.

An Act

To amend title 18, United States Code, and other provisions of law relating to sentencing for criminal offenses.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the "Sentencing Act of 1987". SEC. 2. PROSPECTIVE APPLICATION OF SENTENCING REFORM ACT.

(a) APPLICATION.—Section 235(a)(1) of the Comprehensive Crime Control Act of 1984 is amended by inserting after "date of enactment" the first place it appears the following: "and shall apply only to offenses committed after the taking effect of this chapter". (b) CONFORMING AMENDMENTS.—(1) Section 235(b)(1) of the Comprehensive Crime Control Act of 1984 is amended by striking out "convicted of an offense or adjudicated to be a juvenile delinquent" and inserting in lieu thereof "who committed an offense or an act of juvenile delinquency". (2) Section 235(b)(3) of the Comprehensive Crime Control Act of 1984 is amended by striking out "that is within the range that applies to the prisoner under the applicable parole guideline" and inserting in lieu thereof "pursuant to section 4206 of title 18, United States Code". SEC. 3. STANDARD FOR DEPARTURE.

Section 3553(b) of title 18, United States Code, is amended— (1) by striking out "an aggravating or mitigating circumstance exists that was" and inserting in lieu thereof "there exists an aggravating or mitigating circumstance of a kind, or to a degree,"; (2) by striking out "guidelines and" and inserting in lieu thereof "guidelines"; and (3) by inserting after the first sentence the following: "In determining whether a circumstance was adequately taken into consideration, the court shall consider only the sentencing guidelines, policy statements, and official commentary of the Sentencing Commission.". Courts, U.S.

SEC. 4. PROCEDURE FOR MAGISTRATE.

APPEALING

SENTENCE

IMPOSED

BY

A

Section 3742 of title 18, United States Code, is amended by adding at the end the following new subsection: "(0 APPLICATION TO A SENTENCE BY A MAGISTRATE.—An appeal of an otherwise final sentence imposed by a United States magistrate may be taken to a judge of the district court, and this section shall apply as though the appeal were to a court of appeals from a sentence imposed by a district court.".

�