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d without prior authorization because circumstances prevented counsel from securing prior court authorization, maintained existing limit on payment for authorized services at a $300 maximum but permitted waiver of that maximum if the court certifies that payment in excess of that limit is necessary to provide fair compensation, and provided that the amount of any excess payment must be approved by the chief judge of the circuit. Subsec. (f). Pub. L. 91-447, Sec. 1(a), substantially reenacted subsec. (f). Subsecs. (g) to (k). Pub. L. 91-447, Sec. 1(b), added subsecs. (g) and (h) and redesignated existing subsecs. (g) to (i) as (i) to (k), respectively. Subsec. (l). Pub. L. 91-447, Sec. 1(c), added subsec. (l). 1968 - Subsecs. (b) to (d). Pub. L. 90-578 substituted "United States magistrate" for "United States commissioner" wherever appearing. -CHANGE- CHANGE OF NAME "United States magistrate judge" substituted for "United States magistrate" wherever appearing in text pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. -MISC2- EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title III, Sec. 308(b)], Nov. 29, 1999, 113 Stat. 1535, 1501A-37, provided that: "This section [amending this section] shall apply to all disclosures made under section 3006A(d) of title 18, United States Code, related to any criminal trial or appeal involving a sentence of death where the underlying alleged criminal conduct took place on or after April 19, 1995." EFFECTIVE DATE OF 1996 AMENDMENT Section 903(c) of Pub. L. 104-132 provided that: "The amendments made by this section [amending this section and section 848 of Title 21, Food and Drugs] apply to - "(1) cases commenced on or after the date of the enactment of this Act [Apr. 24, 1996]; and "(2) appellate proceedings, in which an appeal is perfected, on or after the date of the enactment of this Act." EFFECTIVE DATE OF 1987 AMENDMENT Section 26 of Pub. L. 100-182 provided that: "The amendments made by this Act [amending this section, sections 3553, 3561, 3563, 3564, 3583, 3663, 3672, 3742, and 4106 of this title, section 994 of Title 28, Judiciary and Judicial Procedure, and sections 504 and 1111 of Title 29, Labor, enacting provisions set out as notes under sections 3551 and 3553 of this title, rule 35 of the Federal Rules of Criminal Procedure, set out in the Appendix to this title, and section 994 of Title 28, and amending provisions set out as a note under section 3551 of this title] shall apply with respect to offenses committed after the enactment of this Act [Dec. 7, 1987]." EFFECTIVE DATE OF 1986 AMENDMENT Section 105 of title I of Pub. L. 99-651 provided that: "This title and the amendments made by this title [amending this section and section 1825 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as a note under this section] shall take effect one hundred and twenty days after the date of enactment of this Act [Nov. 14, 1986]. The maximum hourly rates provided in section 3006A(d)(1) of title 18, United States Code, as amended by section 102(a)(3)(A) of this Act, shall apply only to services performed on or after the effective date of this title. The maximum allowed for compensation for a case, as provided in section 3006A(d)(2) of title 18, United States Code, as amended by section 102(a)(3)(B) of this Act, shall apply only to compensation claims in which some portion of the claim is for services performed on or after the effective date of this title. The maximum compensation allowed pursuant to section 3006A(e) of title 18, United States Code, as amended by subparagraphs (B) and (C) of section 102(a)(4) of this Act, shall apply only to services obtained on or after the effective date of this title." EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 223(e) of Pub. L. 98-473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date note under section 3551 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 of Pub. L. 97-164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1974 AMENDMENT Section 4 of Pub. L. 93-412 provided in part that the amendment of subsec. (l) of this section by Pub. L. 93-412 shall take effect on Sept. 3, 1974. EFFECTIVE DATE OF 1970 AMENDMENT Section 3 of Pub. L. 91-447 provided that: "The amendments made by section 1 of this Act [amending this section] shall become effective one hundred and twenty days after the date of enactment [Oct. 14, 1970]." EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see section 403 of Pub. L. 90-578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. SHORT TITLE OF 1986 AMENDMENT Section 101 of title I of Pub. L. 99-651 provided that: "This title [amending this section and section 1825 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as a note under this section] may be referred to as the 'Criminal Justice Act Revision of 1986'." SHORT TITLE OF 1984 AMENDMENT Section 1901 of chapter XIX (Sec. 1901) of title II of Pub. L. 98-473 provided in part that: "This chapter [amending this section] may be cited as the 'Criminal Justice Act Revision of 1984'." SHORT TITLE Section 1 of Pub. L. 88-455 provided: "That this Act [enacting this section and provisions set out as a note under this section] may be cited as the 'Criminal Justice Act of 1964.' " SAVINGS PROVISION Section 206(c) of Pub. L. 97-164 provided that: "The amendments made by subsection (a) of this section [amending subsec. (h)(2)(A) of this section] shall not affect the term of existing appointments." AWARD OF ATTORNEY'S FEES AND LITIGATION EXPENSES TO DEFENSE Section 617 of Pub. L. 105-119 provided that: "During fiscal year 1998 and in any fiscal year thereafter, the court, in any criminal case (other than a case in which the defendant is represented by assigned counsel paid for by the public) pending on or after the date of the enactment of this Act [Nov. 26, 1997], may award to a prevailing party, other than the United States, a reasonable attorney's fee and other litigation expenses, where the court finds that the position of the United States was vexatious, frivolous, or in bad faith, unless the court finds that special circumstances make such an award unjust. Such awards shall be granted pursuant to the procedures and limitations (but not the burden of proof) provided for an award under section 2412 of title 28, United States Code. To determine whether or not to award fees and costs under this section, the court, for good cause shown, may receive evidence ex parte and in camera (which shall include the submission of classified evidence or evidence that reveals or might reveal the identity of an informant or undercover agent or matters occurring before a grand jury) and evidence or testimony so received shall be kept under seal. Fees and other expenses awarded under this provision to a party shall be paid by the agency over which the party prevails from any funds made available to the agency by appropriation. No new appropriations shall be made as a result of this provision." GOVERNMENT RATES OF TRAVEL FOR CRIMINAL JUSTICE ACT ATTORNEYS AND EXPERTS Pub. L. 102-572, title VII, Sec. 702, Oct. 29, 1992, 106 Stat. 4515, provided that: "The Administrator of General Services, in entering into contracts providing for special rates to be charged by Federal Government sources of supply, including common carriers and hotels (or other commercial providers of lodging) for official travel and accommodation of Federal Government employees, shall provide for charging the same rates for attorneys, experts, and other persons traveling primarily in connection with carrying out responsibilities under section 3006A of title 18, United States Code, including community defender organizations established under subsection (g) of that section." STUDY OF FEDERAL DEFENDER PROGRAM Pub. L. 101-650, title III, Sec. 318, Dec. 1, 1990, 104 Stat. 5116, as amended by Pub. L. 102-198, Sec. 9, Dec. 9, 1991, 105 Stat. 1626, directed Judicial Conference of the United States to conduct a study of effectiveness of Federal defender program and to transmit a report on results of study to Committees on the Judiciary of Senate and House of Representatives no later than Mar. 31, 1993, with report to include recommendations for legislation, a proposed formula for compensation of Federal defender program counsel, and suggestions for procedural and operational changes by courts. FUNDS FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT Pub. L. 101-45, title II, Sec. 102, June 30, 1989, 103 Stat. 122, provided in part: "That compensation and reimbursement of attorneys and others as authorized under section 3006A of title 18, United States Code, and section 1875(d) of title 28, United States Code, may hereinafter be paid from funds appropriated for 'Defender Services' in the year in which payment is required." CERTIFICATION BY ATTORNEY GENERAL TO ADMINISTRATIVE OFFICE OF UNITED STATES COURTS OF PAYMENT OF OBLIGATED EXPENSES Section 5(c) of Pub. L. 95-144, Oct. 28, 1977, 91 Stat. 1222, provided that: "The Attorney General shall certify to the Administrative Office of the United States Courts those expenses which it is obligated to pay on behalf of an indigent offender under section 3006A of title 18, United States Code, and similar statutes." POWER AND FUNCTION OF A UNITED STATES COMMISSIONER Section 2 of Pub. L. 91-447 provided that a United States commissioner for a district could exercise any power, function, or duty authorized to be performed by a United States magistrate under the amendments made by section 1 of Pub. L. 91-447, which amended this section, if such commissioner had authority to perform such power, function, or duty prior to the enactment of such amendments. SUBMISSION OF PLANS Section 3 of Pub. L. 88-455 directed each district court to submit a plan in accord with section 3006A of this title and the rules of the Judicial Conference of the United States to the judicial council of the circuit within 6 months from Aug. 20, 1964, further directed each judicial council to approve and send to the Administrative Office of the United States courts a plan for each district in its circuit within 9 months from Aug. 20, 1964, and also directed each district court and court of appeals to place its approved plan in operation within 1 year from Aug. 20, 1964. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 983, 3162, 3626, 4109, 4247 of this title; title 8 section 1534; title 10 section 876b; title 28 sections 753, 1825, 1875, 2254, 2255, 2671; title 42 section 1997e; title 48 section 1824. -FOOTNOTE- (!1) See References in Text note below. (!2) So in original. Probably should be "United States magistrate judge". -End- -CITE- 18 USC Sec. 3007 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 201 - GENERAL PROVISIONS -HEAD- Sec. 3007. Motions - (Rule) -STATUTE- -MISC1- SEE FEDERAL RULES OF CRIMINAL PROCEDURE Motions substituted for pleas in abatement and special pleas in bar, rule 12. Form and contents, rule 47. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 814.) -End- -CITE- 18 USC Sec. 3008 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 201 - GENERAL PROVISIONS -HEAD- Sec. 3008. Service and filing of papers - (Rule) -STATUTE- -MISC1- SEE FEDERAL RULES OF CRIMINAL PROCEDURE Requirement and manner of service; notice of orders; filing papers, rule 49. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 815.) -End- -CITE- 18 USC Sec. 3009 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 201 - GENERAL PROVISIONS -HEAD- Sec. 3009. Records - (Rule) -STATUTE- -MISC1- SEE FEDERAL RULES OF CRIMINAL PROCEDURE Keeping of records by district court clerks and magistrate judges, rule 55. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 815; Pub. L. 90-578, title III, Sec. 301(a)(4), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.) -MISC2- AMENDMENTS 1968 - Pub. L. 90-578 substituted "magistrates" for "commissioners". -CHANGE- CHANGE OF NAME Words "magistrate judges" substituted for "magistrates" in text pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. -End- -CITE- 18 USC Sec. 3010 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 201 - GENERAL PROVISIONS -HEAD- Sec. 3010. Exceptions unnecessary - (Rule) -STATUTE- -MISC1- SEE FEDERAL RULES OF CRIMINAL PROCEDURE Objections substituted for exceptions, rule 51. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 815.) -End- -CITE- 18 USC Sec. 3011 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 201 - GENERAL PROVISIONS -HEAD- Sec. 3011. Computation of time - (Rule) -STATUTE- -MISC1- SEE FEDERAL RULES OF CRIMINAL PROCEDURE Computation: enlargement; expiration of term; motions and affidavits; service by mail, rule 45. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 815.) -End- -CITE- 18 USC Sec. 3012 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 201 - GENERAL PROVISIONS -HEAD- [Sec. 3012. Repealed. Pub. L. 98-473, title II, Sec. 218(a)(2), Oct. 12, 1984, 98 Stat. 2027] -MISC1- Section, act June 25, 1948, ch. 645, 62 Stat. 815, related to orders respecting prisoners or persons in custody. EFFECTIVE DATE OF REPEAL Repeal of section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal, see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date note under section 3551 of this title. -End- -CITE- 18 USC Sec. 3013 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 201 - GENERAL PROVISIONS -HEAD- Sec. 3013. Special assessment on convicted persons -STATUTE- (a) The court shall assess on any person convicted of an offense against the United States - (1) in the case of an infraction or a misdemeanor - (A) if the defendant is an individual - (i) the amount of $5 in the case of an infraction or a class C misdemeanor; (ii) the amount of $10 in the case of a class B misdemeanor; and (iii) the amount of $25 in the case of a class A misdemeanor; and (B) if the defendant is a person other than an individual - (i) the amount of $25 in the case of an infraction or a class C misdemeanor; (ii) the amount of $50 in the case of a class B misdemeanor; and (iii) the amount of $125 in the case of a class A misdemeanor; (2) in the case of a felony - (A) the amount of $100 if the defendant is an individual; and (B) the amount of $400 if the defendant is a person other than an individual. (b) Such amount so assessed shall be collected in the manner that fines are collected in criminal cases. (c) The obligation to pay an assessment ceases five years after the date of the judgment. This subsection shall apply to all assessments irrespective of the date of imposition. (d) For the purposes of this section, an offense under section 13 of this title is an offense against the United States. -SOURCE- (Added Pub. L. 98-473, title II, Sec. 1405(a), Oct. 12, 1984, 98 Stat. 2174; amended Pub. L. 100-185, Sec. 3, Dec. 11, 1987, 101 Stat. 1279; Pub. L. 100-690, title VII, Secs. 7082(b), 7085, Nov. 18, 1988, 102 Stat. 4407, 4408; Pub. L. 101-647, title XXXV, Sec. 3569, Nov. 29, 1990, 104 Stat. 4928; Pub. L. 104-132, title II, Sec. 210, Apr. 24, 1996, 110 Stat. 1240; Pub. L. 104-294, title VI, Sec. 601(r)(4), Oct. 11, 1996, 110 Stat. 3502.) -MISC1- AMENDMENTS 1996 - Subsec. (a)(2). Pub. L. 104-294 struck out "not less than" before "$100" in subpar. (A) and before "$400" in subpar. (B). Pub. L. 104-132 substituted "not less than $100" for "$50" in subpar. (A) and "not less than $400" for "$200" in subpar. (B). 1990 - Subsec. (a)(1)(B). Pub. L. 101-647 substituted "an infraction" for "a infraction" in cl. (i) and a semicolon for a period at end of cl. (iii). 1988 - Subsec. (a)(1). Pub. L. 100-690, Sec. 7085, amended par. (1) generally. Prior to amendment, par. (1) read as follows: "in the case of a misdemeanor - "(A) the amount of $25 if the defendant is an individual; and "(B) the amount of $100 if the defendant is a person oth

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