Page:United States Statutes at Large Volume 102 Part 5.djvu/411

 PUBLIC LAW 100-690—NOV. 18, 1988

102 STAT. 4417

(2) by striking paragraph (3) of subsection (a) and inserting the following: "(3) is greater than the sentence specified in the applicable guideline range to the extent that the sentence includes a greater fine or term of imprisonment, probation, or supervised release than the maximum established in the guideline range, or includes a more limiting condition of probation or supervised release under section 35630t)X6) or 0)X11) than the maximum established in the guideline range; or"; (3) by striking paragraph (3) of subsection Qo) and inserting the following: "(3) is less than the sentence specified in the applicable guideline range to the extent that the sentence includes a lesser fine or term of imprisonment, probation, or supervised release than the minimum established in the guideline range, or includes a less limiting condition of probation or supervised release under section 3563(b)(6) or (b)(H) than the minimum established in the guideline range; or"; (4) by striking paragraph (4) of subsection (a) and inserting the following: "(4) was imposed for an offense for which there is no sentencing guideline and is plainly unreasonable."; (5) in subsection Q))— (A) by striking paragraph (4) through the end and inserting the following: "(4) was imposed for an offense for which there is no sentencing guideline and is plainly unreasonable."; and (B) by inserting after "The Government" the following: ", with the personal approval of the Attorney General or the Solicitor General,"; (6) in subsections (d)(3) and (e)(2), by striking "range of the applicable sentencing guideline" and inserting "applicable guideline range"; (7) in the second sentence of subsection (d), by inserting "and shall give due deference to the district court's application of the guidelines to the facts" after "clearly erroneous"; (8) by inserting a new subsection (c), as follows, and by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively: "(c) PLEA AGREEMENTS.—In the case of a plea Eigreement that includes a specific sentence under rule ll(e)(l)(C) of the Federal Rules of Criminal Procedure— "(1) a defendant may not file a notice of appeal under paragraph (3) or (4) of subsection (a) unless the sentence imposed is greater than the sentence set forth in such agreement; and "(2) the Government may not file a notice of appeal under paragraph (3) or (4) of subsection Qa) unless the sentence imposed is less than the sentence set forth in such agreement."; and (9) by adding at the end of the section the following new subsection: "(h) GUIDELINE NOT EXPRESSED AS A RANGE.—For the purpose of this section, the term 'guideline range' includes a guideline range having the same upper and lower limits.". (b) TITLE 28 AMENDMENT.—Section 994(a)(l) of title 28, United

States Code, is amended—

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