18 U.S.C. § 3562: Imposition of a sentence of…

Summary

When a judge decides to give someone probation, the judge must consider the factors listed in section 3553(a) if they apply. Those factors guide whether to impose probation, how long it should last, and what rules or conditions to set. Even though probation can later be changed or ended under sections 3564 or 3565, corrected under Rule 35 or section 3742, or altered on appeal if it was outside the guideline range under section 3742, the conviction that includes probation is final for all other purposes.

Title 18, §3562

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)Factors To Be Considered in Imposing a Term of Probation.—

The court, in determining whether to impose a term of probation, and, if a term of probation is to be imposed, in determining the length of the term and the conditions of probation, shall consider the factors set forth in section 3553(a) to the extent that they are applicable.

(b)Effect of Finality of Judgment.—

Notwithstanding the fact that a sentence of probation can subsequently be—

(1)modified or revoked pursuant to the provisions of section 3564 or 3565;

(2)corrected pursuant to the provisions of rule 35 of the Federal Rules of Criminal Procedure and section 3742; or

(3)appealed and modified, if outside the guideline range, pursuant to the provisions of section 3742;

a judgment of conviction that includes such a sentence constitutes a final judgment for all other purposes.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Criminal Procedure, referred to in subsec. (b)(2), are set out in the Appendix to this title.

Prior Provisions

For a prior section 3562, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3551 of this title.

Amendments

1990—Subsec. (b)(2). Pub. L. 101–647 inserted “of the Federal Rules of Criminal Procedure” after “rule 35”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title.

§3562 Imposition of a Sentence of Probation