Page:United States Statutes at Large Volume 117.djvu/690

 PUBLIC LAW 108–21—APR. 30, 2003

117 STAT. 671

(D) Section 3742(f)(3) of title 18, United States Code, is amended by inserting ‘‘the sentence’’ before ‘‘is not described’’. (e) IMPOSITION OF SENTENCE UPON REMAND.—Section 3742 of title 18, United States Code, is amended by redesignating subsections (g) and (h) as subsections (h) and (i) and by inserting the following after subsection (f): ‘‘(g) SENTENCING UPON REMAND.—A district court to which a case is remanded pursuant to subsection (f)(1) or (f)(2) shall resentence a defendant in accordance with section 3553 and with such instructions as may have been given by the court of appeals, except that— ‘‘(1) In determining the range referred to in subsection 3553(a)(4), the court shall apply the guidelines issued by the Sentencing Commission pursuant to section 994(a)(1) of title 28, United States Code, and that were in effect on the date of the previous sentencing of the defendant prior to the appeal, together with any amendments thereto by any act of Congress that was in effect on such date; and ‘‘(2) The court shall not impose a sentence outside the applicable guidelines range except upon a ground that— ‘‘(A) was specifically and affirmatively included in the written statement of reasons required by section 3553(c) in connection with the previous sentencing of the defendant prior to the appeal; and ‘‘(B) was held by the court of appeals, in remanding the case, to be a permissible ground of departure.’’. (f) DEFINITIONS.—Section 3742 of title 18, United States Code, as amended by subsection (e), is further amended by adding at the end the following: ‘‘(j) DEFINITIONS.—For purposes of this section— ‘‘(1) a factor is a ‘permissible’ ground of departure if it— ‘‘(A) advances the objectives set forth in section 3553(a)(2); and ‘‘(B) is authorized under section 3553(b); and ‘‘(C) is justified by the facts of the case; and ‘‘(2) a factor is an ‘impermissible’ ground of departure if it is not a permissible factor within the meaning of subsection (j)(1).’’. (g) REFORM OF GUIDELINES GOVERNING ACCEPTANCE OF RESPONSIBILITY.—Subject to subsection (j), the Guidelines Manual promulgated by the Sentencing Commission pursuant to section 994(a) of title 28, United States Code, is amended— (1) in section 3E1.1(b)— (A) by inserting ‘‘upon motion of the government stating that’’ immediately before ‘‘the defendant has assisted authorities’’; and (B) by striking ‘‘taking one or more’’ and all that follows through and including ‘‘additional level’’ and insert ‘‘timely notifying authorities of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the government and the court to allocate their resources efficiently, decrease the offense level by 1 additional level’’; (2) in the Application Notes to the Commentary to section 3E1.1, by amending Application Note 6— (A) by striking ‘‘one or both of’’; and

VerDate 11-MAY-2000

13:45 Aug 26, 2004

Jkt 019194

PO 00000

Frm 00697

Fmt 6580

Sfmt 6581

28 USC 994 note.

D:\STATUTES\2003\19194PT1.001

APPS10

PsN: 19194PT1

�