Page:United States Statutes at Large Volume 76A.djvu/624

–528– -528Sec.

4411. 4412. 4413. 4414. 4415. 4416. 4417. 4418.

SUBCHAPTER II—^EXECUTION GENERALLY

Furnishing copy of judgment and commitment to officer. Judgment for fine and costs; attachment of property. Execution of judgment for imprisonment or for fine and costs. Execution of judgment for imprisonment in penitentiary. Execution of judgment for imprisonment in jail. Concurrent and consecutive sentences. Commencement of term of imprisonment. Temporary releases. SUBCHAPTER HI—EXECUTION OF DEATH SENTENCE

4451. 4452. 4453. 4454. 4455. 4456. 4457. 4458. 4459. 4460. 4461. 4462. 4463.

Warrant for execution of judgment of death; time of execution. Transmission of statement of conviction and testimony to Governor. Suspension of execution of judgment of death generally. Inquiry into sanity of defendant. Hearing and findings as to sanity. Order as to sanity; commitment to hospital. Procedure on finding of sanity or insanity. Inquiry into supposed pregnancy of defendant. Procedure on finding of pregnancy or otherwise. Ordering execution of judgment of death remaining in force unexecuted. Mode of inflicting punishment of death. Place of execution of judgment of death; persons present. Return upon death warrant.

Subchapter I—Judgment; Appeals § 4371. Circumstances in aggravation or mitigation of punishment In addition to the statement and information by defendant in mitigation of punishment pursuant to Rule 32(a) of the Federal Rules of Criminal Procedure and the presentence investigation pursuant to Rule 32(c), before imposing sentence the district court may in its discretion permit the attorney for the Government to present evidence and make a recommendation in aggravation or mitigation of punishment. § 4372. Imprisonment for nonpayment of fine and costs in district court A judgment of the district court that the defendant pay a fine and costs may also direct that he be imprisoned until the fine and costs are satisfied. The judgment shall specify the extent of the imprisonment, which may not exceed one day for each $2.50 of the fine and costs, nor extend in any case beyond the term for which the defendant might be sentenced to imprisonment for the offense of which he has been convicted. § 4373. Imprisonment for nonpayment of fine in magistrate's court When a judgment is rendered against a defendant that he pay a fine, if he fails to do so at once, the magistrate shall commit him to jail, to be confined one day for each $2.50 of fine remaining unpaid. The imprisonment may not extend in any case beyond the term for which the defendant might be sentenced to imprisonment for the offense of which he has been convicted. § 4374. Discharge of indigent prisoner (a) When a convict, sentenced for violation of a i ^ law applicable to and within the Canal Zone by any court in the Canal Zone to be imprisoned and pay a fine, or fine and costs, or to pay a fine, or fine and costs, has been confined in a penitentiary, prison, or jail for 30 days, solely for the nonpayment of the fine, or fine and costs, the convict may make application in writing to the magistrate for the subdivision wherein ne is confined setting forth his inability to pay

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