Page:United States Statutes at Large Volume 84 Part 2.djvu/560

 1890

PUBLIC LAW 91-.644-JAN. 2, 1971

[84 STAT.

"(1) uses a firearm to commit any felony for which he may be prosecuted in a court of the Laiited States, or " (2) carries a firearm unhiwfully during the commission of any felony for which he may be prosecuted in a court of the United States, shall, in addition to the punishment provided for the commission of such felony, be sentenced to a term of imprisonment for not less than one year nor more than ten years. In the case of his second or subsequent conviction under this subsection, such person shall be sentenced to a term of imprisonment for not less than two nor more than twentyfive years and, notwithstanding any other provision of law, the court shall not suspend the sentence in the case of a second or subsequent conviction of such person or give him a probationary sentence, nor shall the term of imprisonment imposed under this subsection run concurrently with any term of imprisonment imposed for the commission of such felony." TITLE III—CRIMINAL APPEALS s2ltTt%V.^''

^^^' 14. (a) Section 3731 of title 18, United States Code, is amended— (1) by striking out the first eight paragraphs and inserting in lieu thereof the following: " I n a criminal case an appeal by the United States shall lie to a court of appeals from a decision, judgment, or order of a district court dismissing an indictment or information as to any one or more counts, except that no appeal shall lie where the double jeopardy clause of the United States Constitution prohibits further prosecution. "An appeal by the United States shall lie to a court of appeals from a decision or order of a district courts suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding, not made after the defendant has been put in jeopardy and before the verdict or finding on an indictment or information, if the United States attorney certifies to the district court that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding."; (2) by striking out the word "or" in the ninth paragraph and inserting in lieu thereof a comma, and inserting "or order" following the word "judgment" in the same paragraph; (3) by striking out the last two paragraphs and inserting in lieu thereof a new paragraph as follows: "The provisions of this section shall be liberally construed to effectuate its purposes." (b) The amendments made by this section shall not apply with respect to any criminal case begun in any district court before the effective date of this section. TITLE IV—PROTECTION OF MEMBERS OF CONGRESS

.^2 stAt-.^84. 18 USC 1.

SEC. 15. Part I of title 18 of the United States Code is amended by inserting, immediately after chapter 17, a new chapter as follows:

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