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Online Attorney
and address of the
protected person to the other parent and terminate any financial
assistance to the protected person unless otherwise directed by the
court.
(6) The United States shall be required by the court to pay
litigation costs, including reasonable attorneys' fees, incurred by
a parent who prevails in enforcing a custody or visitation order;
but shall retain the right to recover such costs from the protected
person.
(e)(1) In any case in which the Attorney General determines that,
as a result of the relocation of a person and a child of whom that
person is a parent in connection with protection provided under
this chapter, the implementation of a court order with respect to
custody or visitation of that child would be substantially
impossible, the Attorney General may bring, on behalf of the person
provided protection under this chapter, an action to modify the
court order. Such action may be brought in the district court for
the district in which the parent resides who would not be or was
not relocated in connection with the protection provided under this
chapter. In an action brought under this paragraph, if the Attorney
General establishes, by clear and convincing evidence, that
implementation of the court order involved would be substantially
impossible, the court may modify the court order but shall, subject
to appropriate security considerations, provide an alternative as
substantially equivalent to the original rights of the
nonrelocating parent as feasible under the circumstances.
(2) With respect to any State court order in effect to which this
section applies, and with respect to any district court order in
effect which is issued under this section, if the parent who is not
relocated in connection with protection provided under this chapter
intentionally violates a reasonable security requirement imposed by
the Attorney General with respect to the implementation of that
court order, the Attorney General may bring an action in the
district court for the district in which that parent resides to
modify the court order. The court may modify the court order if the
court finds such an intentional violation.
(3) The procedures for mediation and arbitration provided under
subsection (d) of this section shall not apply to actions for
modification brought under this subsection.
(f) In any case in which a person provided protection under this
chapter is the parent of a child of whom that person has custody
and has obligations to another parent of that child concerning
custody and visitation of that child which are not imposed by court
order, that person, or the parent not relocated in connection with
such protection, may bring an action in the district court of the
district in which that parent not relocated resides to obtain an
order providing for custody or visitation, or both, of that child.
In any such action, all the provisions of subsection (d) of this
section shall apply.
(g) In any case in which an action under this section involves
court orders from different States with respect to custody or
visitation of the same child, the court shall resolve any conflicts
by applying the rules of conflict of laws of the State in which the
court is sitting.
(h)(1) Subject to paragraph (2), the costs of any action
described in subsection (d), (e), or (f) of this section shall be
paid by the United States.
(2) The Attorney General shall insure that any State court order
in effect to which this section applies and any district court
order in effect which is issued under this section are carried out.
The Department of Justice shall pay all costs and fees described in
subsections (c) and (d) of this section.
(i) As used in this section, the term "parent" includes any
person who stands in the place of a parent by law.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 1208, Oct. 12, 1984, 98 Stat.
2159.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Rules of Civil Procedure, referred to in subsec.
(d)(3), are set out in the Appendix to Title 28, Judiciary and
Judicial Procedure.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3523 of this title.
-End-
-CITE-
18 USC Sec. 3525 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 224 - PROTECTION OF WITNESSES
-HEAD-
Sec. 3525. Victims Compensation Fund
-STATUTE-
(a) The Attorney General may pay restitution to, or in the case
of death, compensation for the death of any victim of a crime that
causes or threatens death or serious bodily injury and that is
committed by any person during a period in which that person is
provided protection under this chapter.
(b) Not later than four months after the end of each fiscal year,
the Attorney General shall transmit to the Congress a detailed
report on payments made under this section for such year.
(c) There are authorized to be appropriated for the fiscal year
1985 and for each fiscal year thereafter, $1,000,000 for payments
under this section.
(d) The Attorney General shall establish guidelines and
procedures for making payments under this section. The payments to
victims under this section shall be made for the types of expenses
provided for in section 3579(b) (!1) of this title, except that in
the case of the death of the victim, an amount not to exceed
$50,000 may be paid to the victim's estate. No payment may be made
under this section to a victim unless the victim has sought
restitution and compensation provided under Federal or State law or
by civil action. Such payments may be made only to the extent the
victim, or the victim's estate, has not otherwise received
restitution and compensation, including insurance payments, for the
crime involved. Payments may be made under this section to victims
of crimes occurring on or after the date of the enactment of this
chapter.(!1) In the case of a crime occurring before the date of
the enactment of this chapter,(!1) a payment may be made under this
section only in the case of the death of the victim, and then only
in an amount not exceeding $25,000, and such a payment may be made
notwithstanding the requirements of the third sentence of this
subsection.
(e) Nothing in this section shall be construed to create a cause
of action against the United States.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 1208, Oct. 12, 1984, 98 Stat.
2162.)
-REFTEXT-
REFERENCES IN TEXT
Section 3579(b) of this title, referred to in subsec. (d), was
renumbered section 3663(b) of this title by Pub. L. 98-473, title
II, Sec. 212(a)(1), Oct. 12, 1984, 98 Stat. 1987.
The date of the enactment of this chapter, referred to in subsec.
(d), is the date of enactment of Pub. L. 98-473, which was approved
Oct. 12, 1984.
-MISC1-
RESTITUTION TO ESTATE OF VICTIMS KILLED BEFORE OCTOBER 12, 1984;
LIMITATION
Pub. L. 99-180, title II, Sec. 200, Dec. 13, 1985, 99 Stat. 1142,
provided: "That restitution of not to exceed $25,000 shall be paid
to the estate of victims killed before October 12, 1984 as a result
of crimes committed by persons who have been enrolled in the
Federal witness protection program, if such crimes were committed
within two years after protection was terminated, notwithstanding
any limitations contained in part (a) of section 3525 of title 18
of the United States Code."
SIMILAR PROVISIONS
Similar provisions were contained in the following prior
appropriation act:
Pub. L. 99-88, title I, Sec. 100, Aug. 15, 1985, 99 Stat. 303.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
18 USC Sec. 3526 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 224 - PROTECTION OF WITNESSES
-HEAD-
Sec. 3526. Cooperation of other Federal agencies and State
governments; reimbursement of expenses
-STATUTE-
(a) Each Federal agency shall cooperate with the Attorney General
in carrying out the provisions of this chapter and may provide, on
a reimbursable basis, such personnel and services as the Attorney
General may request in carrying out those provisions.
(b) In any case in which a State government requests the Attorney
General to provide protection to any person under this chapter -
(1) the Attorney General may enter into an agreement with that
State government in which that government agrees to reimburse the
United States for expenses incurred in providing protection to
that person under this chapter; and
(2) the Attorney General shall enter into an agreement with
that State government in which that government agrees to
cooperate with the Attorney General in carrying out the
provisions of this chapter with respect to all persons.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 1208, Oct. 12, 1984, 98 Stat.
2162.)
-End-
-CITE-
18 USC Sec. 3527 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 224 - PROTECTION OF WITNESSES
-HEAD-
Sec. 3527. Additional authority of Attorney General
-STATUTE-
The Attorney General may enter into such contracts or other
agreements as may be necessary to carry out this chapter. Any such
contract or agreement which would result in the United States being
obligated to make outlays may be entered into only to the extent
and in such amount as may be provided in advance in an
appropriation Act.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 1208, Oct. 12, 1984, 98 Stat.
2163.)
-End-
-CITE-
18 USC Sec. 3528 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 224 - PROTECTION OF WITNESSES
-HEAD-
Sec. 3528. Definition
-STATUTE-
For purposes of this chapter, the term "State" means each of the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, and any territory or possession of the United States.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 1208, Oct. 12, 1984, 98 Stat.
2163.)
-End-
-CITE-
18 USC CHAPTER 225 - VERDICT 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 225 - VERDICT
-HEAD-
CHAPTER 225 - VERDICT
-MISC1-
Sec.
3531. Return; several defendants; conviction of less
offense; poll of jury - Rule.
3532. Setting aside verdict of guilty; judgment
notwithstanding verdict - Rule.
-End-
-CITE-
18 USC Sec. 3531 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 225 - VERDICT
-HEAD-
Sec. 3531. Return; several defendants; conviction of less offense;
poll of jury - (Rule)
-STATUTE-
-MISC1-
SEE FEDERAL RULES OF CRIMINAL PROCEDURE
Verdict to be unanimous; return; several defendants;
disagreement; conviction of less offense; poll of jury, Rule 31.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 837.)
-End-
-CITE-
18 USC Sec. 3532 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 225 - VERDICT
-HEAD-
Sec. 3532. Setting aside verdict of guilty; judgment
notwithstanding verdict - (Rule)
-STATUTE-
-MISC1-
SEE FEDERAL RULES OF CRIMINAL PROCEDURE
Setting aside verdict of guilty on motion for judgment of
acquittal, entering of such judgment, or ordering new trial;
absence of verdict, Rule 29(b).
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 837.)
-End-
-CITE-
18 USC CHAPTER 227 - SENTENCES 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
-HEAD-
CHAPTER 227 - SENTENCES
-MISC1-
Subchapter Sec.(!1)
A. General Provisions 3551
B. Probation 3561
C. Fines 3571
D. Imprisonment 3581
PRIOR PROVISIONS
A prior chapter 227 (Sec. 3561 et seq.) was repealed (except
sections 3577 to 3580 which were renumbered sections 3661 to 3664,
respectively), by Pub. L. 98-473, title II, Secs. 212(a)(1), (2),
235(a)(1), Oct. 12, 1984, 98 Stat. 1987, 2031, as amended,
effective Nov. 1, 1987, and applicable only to offenses committed
after the taking effect of such repeal. See Effective Date note set
out under section 3551 of this title.
Section 3561, act June 25, 1948, ch. 645, 62 Stat. 837, related
to judgment form and entry - (Rule).
Section 3562, act June 25, 1948, ch. 645, 62 Stat. 837, related
to sentence - (Rule).
Section 3563, act June 25, 1948, ch. 645, 62 Stat. 837, related
to corruption of blood or forfeiture of estate.
Section 3564, act June 25, 1948, ch. 645, 62 Stat. 837, related
to pillory and whipping.
Section 3565, acts June 25, 1948, ch. 645, 62 Stat. 837; Oct. 12,
1984, Pub. L. 98-473, title II, Secs. 235(a)(1), 238(g)(1), (i), 98
Stat. 2031, 2039; Oct. 30, 1984, Pub. L. 98-596, Secs. 2,
12(a)(7)(A), (9), (b), 98 Stat. 3134, 3139, 3140; Oct. 22, 1986,
Pub. L. 99-514, Sec. 2, 100 Stat. 2095, related to collection and
payment of fines and penalties.
Section 3566, act June 25, 1948, ch. 645, 62 Stat. 837, related
to execution of death sentence.
Section 3567, act June 25, 1948, ch. 645, 62 Stat. 838, related
to death sentence may prescribe dissection.
Section 3568, acts June 25, 1948, ch. 645, 62 Stat. 838; Sept. 2,
1960, Pub. L. 86-691, Sec. 1(a), 74 Stat. 738; June 22, 1966, Pub.
L. 89-465, Sec. 4, 80 Stat. 217, related to effective date of
sentence and credit for time in custody prior to the imposition of
sentence.
Section 3569, acts June 25, 1948, ch. 645, 62 Stat. 838; Oct. 17,
1968, Pub. L. 90-578, title III, Sec. 301(a)(1), (3), 82 Stat.
1115; Oct. 12, 1984, Pub. L. 98-473, title II, Secs. 235(a)(1),
238(h), (i), 98 Stat. 2031, 2039; Oct. 30, 1984, Pub. L. 98-596,
Secs. 3, 12(a)(8), (9), (b), 98 Stat. 3136, 3139, 3140, related to
discharge of indigent prisoner.
Section 3570, act June 25, 1948, ch. 645, 62 Stat. 839, related
to presidential remission as affecting unremitted part.
Section 3571, act June 25, 1948, ch. 645, 62 Stat. 839, related
to clerical mistakes - (Rule).
Section 3572, act June 25, 1948, ch. 645, 62 Stat. 839, related
to correction or reduction of sentence - (Rule).
Section 3573, act June 25, 1948, ch. 645, 62 Stat. 839, related
to arrest or setting aside of judgment - (Rule).
Section 3574, act June 25, 1948, ch. 645, 62 Stat. 839, related
to stay of execution and supersedeas - (Rule).
Section 3575, added Pub. L. 91-452, title X, Sec. 1001(a), Oct.
15, 1970, 84 Stat. 948, related to increased sentence for dangerous
special offenders.
Section 3576, added Pub. L. 91-452, title X, Sec. 1001(a), Oct.
15, 1970, 84 Stat. 950, related to review of sentence.
Section 3577 renumbered section 3661 of this title.
Section 3578 renumbered section 3662 of this title.
Section 3579 renumbered section 3663 of this title.
Section 3580 renumbered section 3664 of this title.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 3664, 3673 of this title;
title 42 section 300i-2.
-FOOTNOTE-
(!1) Editorially supplied.
-End-
-CITE-
18 USC SUBCHAPTER A - GENERAL PROVISIONS 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER A - GENERAL PROVISIONS
-HEAD-
SUBCHAPTER A - GENERAL PROVISIONS
-MISC1-
SUBCHAPTER A - GENERAL PROVISIONS (!1)
Sec.
3551. Authorized sentences.
3552. Presentence reports.
3553. Imposition of a sentence.
3554. Order of criminal forfeiture.
3555. Order of notice to victims.
3556. Order of restitution.
3557. Review of a sentence.
3558. Implementation of a sentence.
3559. Sentencing classification of offenses.
AMENDMENTS
1994 - Pub. L. 103-322, title XXXIII, Sec. 330010(3), Sept. 13,
1994, 108 Stat. 2143, transferred analysis for this subchapter to
follow heading of this subchapter.
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in section 3565 of this title.
-FOOTNOTE-
(!1) So in original. Probably should not appear.
-End-
-CITE-
18 USC Sec. 3551 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER A - GENERAL PROVISIONS
-HEAD-
Sec. 3551. Authorized sentences
-STATUTE-
(a) In General. - Except as otherwise specifically provided, a
defendant who has been found guilty of an offense described in any
Federal statute, including sections 13 and 1153 of this title,
other than an Act of Congress applicable exclusively in the
District of Columbia or the Uniform Code of Military Justice, shall
be sentenced in accordance with the provisions of this chapter so
as to achieve the purposes set forth in subparagraphs (A) through
(D) of section 3553(a)(2) to the extent that they are applicable in
light of all the circumstances of the case.
(b) Individuals. - An individual found guilty of an offense shall
be sentenced, in accordance with the provisions of section 3553, to
-
(1) a term of probation as authorized by subchapter B;
(2) a fine as authorized by subchapter C; or
(3) a term of imprisonment as authorized by subchapter D.
A sentence to pay a fin
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