(a) Factors To Be Considered in Imposing a Term of Imprisonment.—
The court, in determining whether to impose a term of
imprisonment, and, if a term of imprisonment is to be imposed, in determining
the length of the term, shall consider the factors set forth in section 3553 (a)
to the extent that they are applicable, recognizing that imprisonment is not an
appropriate means of promoting correction and rehabilitation. In determining
whether to make a recommendation concerning the type of prison facility
appropriate for the defendant, the court shall consider any pertinent policy
statements issued by the Sentencing Commission pursuant to 28 U.S.C. 994 (a)(2).
(b) Effect of Finality of Judgment.— Notwithstanding the fact that a sentence to imprisonment can
subsequently be—
(1) modified pursuant to the provisions of subsection (c);
(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.
(c) Modification of an Imposed Term of Imprisonment.— The court may not modify a term of imprisonment once it has been
imposed except that—
(1) in any
case—
(A) the
court, upon motion of the Director of the Bureau of Prisons, may reduce the term
of imprisonment (and may impose a term of probation or supervised release with
or without conditions that does not exceed the unserved portion of the original
term of imprisonment), after considering the factors set forth in section 3553
(a) to the extent that they are applicable, if it finds that—
(i) extraordinary and compelling reasons warrant such a reduction; or
(ii) the
defendant is at least 70 years of age, has served at least 30 years in prison,
pursuant to a sentence imposed under section 3559 (c), for the offense or
offenses for which the defendant is currently imprisoned, and a determination
has been made by the Director of the Bureau of Prisons that the defendant is not
a danger to the safety of any other person or the community, as provided under
section 3142 (g);
and that such a reduction is consistent with applicable
policy statements issued by the Sentencing Commission; and
(B) the
court may modify an imposed term of imprisonment to the extent otherwise
expressly permitted by statute or by Rule 35 of the Federal Rules of Criminal
Procedure; and
(2) in the
case of a defendant who has been sentenced to a term of imprisonment based on a
sentencing range that has subsequently been lowered by the Sentencing Commission
pursuant to 28 U.S.C. 994 (o), upon motion of the defendant or the Director of
the Bureau of Prisons, or on its own motion, the court may reduce the term of
imprisonment, after considering the factors set forth in section 3553 (a) to the
extent that they are applicable, if such a reduction is consistent with
applicable policy statements issued by the Sentencing Commission.
(d) Inclusion of an Order To Limit Criminal Association of
Organized Crime and Drug Offenders.— The court, in
imposing a sentence to a term of imprisonment upon a defendant convicted of a
felony set forth in chapter 95 (racketeering) or 96 (racketeer influenced and
corrupt organizations) of this title or in the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. 801 et seq.), or at any time
thereafter upon motion by the Director of the Bureau of Prisons or a United
States attorney, may include as a part of the sentence an order that requires
that the defendant not associate or communicate with a specified person, other
than his attorney, upon a showing of probable cause to believe that association
or communication with such person is for the purpose of enabling the defendant
to control, manage, direct, finance, or otherwise participate in an illegal
enterprise.
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