IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
In Re:
SCHEDULE OF COLLATERAL
FORFEITURES FOR THE File No.: 2022-04
DEPARTMENT OF
VETERANS AFFAIRS
STANDING ORDER
IT IS HEREBY ORDERED that the Forfeiture of Collateral Schedule in
Misdemeanor and Petty Offenses, attached hereto as Appendix A, shall be adopted and
incorporated for offenses arising on properties of the Department of Veterans Affairs
within the United States District Court for the Middle District of Georgia.
SO ORDERED, this 21st day of April, 2022.
s/ Thomas Q. Langstaff
THOMAS Q. LANGSTAFF
UNITED STATES MAGISTRATE JUDGE
APPENDIX A
FORFEITURE OF COLLATERAL SCHEDULE
IN MISDEMEANOR AND PETTY OFFENSES
FOR UNITED STATES DEPARTMENT OF
VETERANS AFFAIRS
IN THE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
APP. A - 1
TABLE OF CONTENTS
INTRODUCTION .................................................................................................... 3
COLLATERAL SCHEDULE................................................................................... 5
APPENDIX ............................................................................................................... 7
(a) 18 U.S.C. § 7 ................................................................................................ 7
(b) 18 U.S.C. § 13 .............................................................................................. 9
(c) 18 U.S.C. § 19 ............................................................................................ 10
(d) 18 U.S.C. § 3013 ........................................................................................ 10
(e) 18 U.S.C. § 3401 ........................................................................................ 11
(f) 18 U.S.C. § 3559 ........................................................................................ 13
(g) 18 U.S.C. § 3571 ........................................................................................ 20
(h) 18 U.S.C. § 3581 ........................................................................................ 21
(i) Federal Rules of Criminal Procedure, Rule 58 .......................................... 22
APP. A - 2
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
FORFEITURE OF COLLATERAL SCHEDULE IN
MISDEMEANOR AND PETTY OFFENSES
FOR UNITED STATES DEPARTMENT OF
VETERANS AFFAIRS
INTRODUCTION
(a) For misdemeanor and petty offenses listed below, whether originating
under the applicable Federal Statute or regulation or applicable State Statute by
virtue of the Assimilated Crimes Act (18 U.S.C. § 13), occurring within the
properties of the Department of Veterans Affairs in the territorial jurisdiction of the
United States Magistrate Judge, it is hereby ordered that collateral may be posted in
lieu of the appearance of the offender, unless otherwise specified in this rule.
(b) Upon the failure of the person charged with an offense or offenses listed
below to appear before the United States Magistrate Judge for trial of the offense or
offenses listed below, except those offenses denominated “mandatory appearance,”
and not aggravated, as provided below, the collateral in the amount listed opposite
the offense shall be forfeited to the United States. The posting of said collateral does
not equate to a finding of guilt; it shall signify that the offender neither contests the
charge nor requests a hearing before the United States magistrate judge, and said
collateral shall be administratively forfeited.
(c) When MCA* (mandatory court appearance) is inserted next to the listed
violation, no forfeiture will be permitted, nor will a forfeiture be permitted on
violations contributing to an accident with personal injury or property damage in
excess of $1000.00.
(d) This collateral schedule covers any federal enforcement agencies
working within the jurisdiction of the Department of Veterans Affairs.
(e) Notwithstanding the collateral schedule attached hereto, the issuing
officer shall be authorized to determine whether the circumstances of the offense are
so aggravated that a mandatory appearance should be required, in which case the
issuing officer shall be authorized to fix the offense as a mandatory appearance
APP. A - 3
offense.
(f) Whenever a payment is returned as uncollectible for any reason within
the control of the payer, the offense for which the collateral was posted shall
become a mandatory appearance offense, and shall be referred immediately to the
appropriate magistrate judge for a mandatory hearing.
(g) When the offender fails to pay the specified collateral and/or fails to
answer a summons to appear, the magistrate judge may consider and treat the offense
as a mandatory appearance offense, and thereafter refuse any tender of the collateral
payment and set the case for hearing, or in his/her discretion increase the collateral.
(h) The Clerk of Court and each United States Magistrate Judge shall
maintain a current list of the misdemeanor and petty offenses and fines applicable
thereto for which forfeiture of collateral security may be accepted.
(i) The collateral schedule is composed of the offenses established under
38 C.F.R. Part 1.218(b).
The attached Appendix, which consists of various federal statutes and rules,
is provided for the reader's convenience. Because this Appendix is not updated, any
amendments to those statutes or rules which may occur after its effective date are
not reflected herein. Accordingly, the reader should not rely on this Appendix.
The offenses for which collateral may be posted in lieu of appearance by the
person charged with said offenses follow.
APP. A - 4
COLLATERAL SCHEDULE
Offense - 38 CFR 1.218(b) Penalty
1 Improper disposal of rubbish on property $200.00
2 Spitting on property $25.00
3 Throwing of articles from a building or the unauthorized climbing upon any part of a building $50.00
4 Willful destruction, damage, or removal of Government property without authorization $500.00
5 Defacement, destruction, mutilation or injury to, or removal, or disturbance of, gravemarker or $500.00
headstone
6 Failure to comply with signs of a directive and restrictive nature posted for safety purposes $50.00
7 Tampering with, removal, marring, or destruction of posted signs $150.00
8 Entry into areas posted as closed to the public or others (trespass) $50.00
9 Unauthorized demonstration or service in a national cemetery or on other VA property $250.00
10 Creating a disturbance during a burial ceremony $250.00
11 Disorderly conduct which creates loud, boisterous, and unusual noise, or which obstructs the $250.00
normal use of entrances, exits, foyers, offices, corridors, elevators, and stairways or which tends
to impede or prevent the normal operation of a service or operation of the facility
12 Failure to depart premises by unauthorized persons $50.00
13 Unauthorized loitering, sleeping or assembly on property $50.00
14 Gambling-participating in games of chance for monetary gain or personal property; $200.00
the operation of gambling devices, a pool or lottery; or the taking or giving of bets
15 Operation of a vehicle under the influence of alcoholic beverages or nonprescribed narcotic MCA*
drugs, hallucinogens, marijuana, barbiturates, or amphetamines
16 Entering premises under the influence of alcoholic beverages or narcotic drugs, hallucinogens, $200.00
marijuana, barbiturates or amphetamines
17 Unauthorized use on property of alcoholic beverages or narcotic drugs, hallucinogens, marijuana, $300.00
barbiturates, or amphetamines
18 Unauthorized introduction on VA controlled property of alcoholic beverages or narcotic drugs, $500.00
hallucinogens, marijuana, barbiturates, or amphetamines or the unauthorized giving of same to a
patient or beneficiary
19 Unauthorized solicitation of alms and contributions on premises $50.00
20 Commercial soliciting or vending, or the collection of private debts on property $50.00
21 Distribution of pamphlets, handbills, and flyers $25.00
22 Display of placards or posting of material on property $25.00
23 Unauthorized photography on premises $50.00
24 Failure to comply with traffic directions of VA police $25.00
25 Parking in spaces posted as reserved for physically disabled persons $50.00
APP. A - 5
26 Parking in no-parking areas, lanes, or crosswalks so posted or marked by yellow borders or $25.00
yellow stripes
27 Parking in emergency vehicle spaces, areas and lanes bordered in red or posted as $50.00
EMERGENCY VEHICLES ONLY or FIRE LANE, or parking within 15 feet of a fire hydrant
28 Parking within an intersection or blocking a posted vehicle entrance or posted exit lane $25.00
29 Parking in spaces posted as reserved or in excess of a posted time limit $15.00
30 Failing to come to a complete stop at a STOP sign $25.00
31 Failing to yield to a pedestrian in a marked and posted crosswalk $25.00
32 Driving in the wrong direction on a posted one-way street $25.00
33 Operation of a vehicle in a reckless or unsafe manner, too fast for conditions, drag racing, $100.00
overriding curbs, or leaving the roadway
34 Exceeding posted speed limits:
(i) By up to 10 mph $25.00
(ii) By up to 20 mph $50.00
(iii) By over 20 mph $100.00
35 Creating excessive noise in a hospital or cemetery zone by muffler cut out, excessive use of a $50.00
horn, or other means
36 Failure to yield right of way to other vehicles $50.00
37 Possession of firearms, carried either openly or concealed, whether loaded or unloaded $500.00
(except by Federal or State law enforcement officers on official business)
38 Introduction or possession of explosives, or explosive devices which fire a projectile, $500.00
ammunition, or combustibles
39 Possession of knives which exceed a blade length of 3 inches; switchblade knives; any of the $300.00
variety of hatchets, clubs and hand-held weapons; or brass knuckles
40 The unauthorized possession of any of the variety of incapacitating liquid or gas-emitting $200.00
weapons
41 Unauthorized possession, manufacture, or use of keys or barrier card-type keys to rooms or areas $200.00
on the property
42 The surreptitious opening, or attempted opening, of locks or card-operated barrier mechanisms $500.00
on property
43 Soliciting for, or the act of, prostitution $250.00
44 Any unlawful sexual activity $250.00
45 Jogging, bicycling, sledding or any recreational physical activity conducted on cemetery grounds $50.00
APP. A - 6
APPENDIX
(a) 18 U.S.C. § 7
§ 7. Special maritime and territorial jurisdiction of the United States
defined
The term "special maritime and territorial jurisdiction of the United States",
as used in this title, includes:
(1) The high seas, any other waters within the admiralty and maritime
jurisdiction of the United States and out of the jurisdiction of any particular
State, and any vessel belonging in whole or in part to the United States or any
citizen thereof, or to any corporation created by or under the laws of the United
States, or of any State, Territory, District, or possession thereof, when such
vessel is within the admiralty and maritime jurisdiction of the United States and
out of the jurisdiction of any particular State.
(2) Any vessel registered, licensed, or enrolled under the laws of the
United States, and being on a voyage upon the waters of any of the Great Lakes,
or any of the waters connecting them, or upon the Saint Lawrence River where
the same constitutes the International Boundary Line.
(3) Any lands reserved or acquired for the use of the United States, and
under the exclusive or concurrent jurisdiction thereof, or any place purchased
or otherwise acquired by the United States by consent of the legislature of the
State in which the same shall be, for the erection of a fort, magazine, arsenal,
dockyard, or other needful building.
(4) Any island, rock, or key containing deposits of guano, which may, at
the discretion of the President, be considered as appertaining to the United
States.
(5) Any aircraft belonging in whole or in part to the United States, or any
citizen thereof, or to any corporation created by or under the laws of the United
States, or any State, Territory, District, or possession thereof, while such aircraft
is in flight over the high seas, or over any other waters within the admiralty and
maritime jurisdiction of the United States and out of the jurisdiction of any
particular State.
APP. A - 7
(6) Any vehicle used or designed for flight or navigation in space and on
the registry of the United States pursuant to the Treaty on Principles Governing
the Activities of States in the Exploration and Use of Outer Space, Including
the Moon and Other Celestial Bodies and the Convention on Registration of
Objects Launched into Outer Space, while that vehicle is in flight, which is from
the moment when all external doors are closed on Earth following embarkation
until the moment when one such door is opened on Earth for disembarkation or
in the case of a forced landing, until the competent authorities take over the
responsibility for the vehicle and for persons and property aboard.
(7) Any place outside the jurisdiction of any nation with respect to an
offense by or against a national of the United States.
(8) To the extent permitted by international law, any foreign vessel during
a voyage having a scheduled departure from or arrival in the United States with
respect to an offense committed by or against a national of the United States.
(9) With respect to offenses committed by or against a national of the
United States as that term is used in section 101 of the Immigration and
Nationality Act-
(A) the premises of United States diplomatic, consular, military or other
United States Government missions or entities in foreign States, including
the buildings, parts of buildings, and land appurtenant or ancillary thereto
or used for purposes of those missions or entities, irrespective of
ownership; and
(B) residences in foreign States and the land appurtenant or ancillary
thereto, irrespective of ownership, used for purposes of those missions or
entities or used by United States personnel assigned to those missions or
entities.
Nothing in this paragraph shall be deemed to supersede any treaty or
international agreement with which this paragraph conflicts. This paragraph
does not apply with respect to an offense committed by a person described in
section 3261(a) of this title.
APP. A - 8
(b) 18 U.S.C. § 13
§ 13. Laws of States adopted for areas within Federal jurisdiction
(a) Whoever within or upon any of the places now existing or hereafter
reserved or acquired as provided in section 7 of this title, or on, above, or below
any portion of the territorial sea of the United States not within the jurisdiction
of any State, Commonwealth, territory, possession, or district is guilty of any
act or omission which, although not made punishable by any enactment of
Congress, would be punishable if committed or omitted within the jurisdiction
of the State, Territory, Possession, or District in which such place is situated,
by the laws thereof in force at the time of such act or omission, shall be guilty
of a like offense and subject to a like punishment.
(b)(1) Subject to paragraph (2) and for purposes of subsection (a) of this
section, that which may or shall be imposed through judicial or administrative
action under the law of a State, territory, possession, or district, for a
conviction for operating a motor vehicle under the influence of a drug or
alcohol, shall be considered to be a punishment provided by that law. Any
limitation on the right or privilege to operate a motor vehicle imposed under
this subsection shall apply only to the special maritime and territorial
jurisdiction of the United States.
(2)(A) In addition to any term of imprisonment provided for operating a
motor vehicle under the influence of a drug or alcohol imposed under the law
of a State, territory, possession, or district, the punishment for such an offense
under this section shall include an additional term of imprisonment of not more
than 1 year, or if serious bodily injury of a minor is caused, not more than 5
years, or if death of a minor is caused, not more than 10 years, and an
additional fine under this title, or both, if--
(i) a minor (other than the offender) was present in the motor vehicle
when the offense was committed; and
(ii) the law of the State, territory, possession, or district in which the
offense occurred does not provide an additional term of imprisonment under
the circumstances described in clause (i).
(B) For the purposes of subparagraph (A), the term "minor" means a
person less than 18 years of age.
APP. A - 9
(c) Whenever any waters of the territorial sea of the United States lie
outside the territory of any State, Commonwealth, territory, possession, or
district, such waters (including the airspace above and the seabed and subsoil
below, and artificial islands and fixed structures erected thereon) shall be
deemed, for purposes of subsection (a), to lie within the area of the State,
Commonwealth, territory, possession, or district that it would lie within if the
boundaries of such State, Commonwealth, territory, possession, or district
were extended seaward to the outer limit of the territorial sea of the United
States.
(c) 18 U.S.C. § 19
§ 19. Petty offense defined
As used in this title, the term "petty offense" means a Class B
misdemeanor, a Class C misdemeanor, or an infraction, for which the
maximum fine is no greater than the amount set forth for such an offense in
section 3571(b)(6) or (7) in the case of an individual or section 3571(c)(6) or
(7) in the case of an organization.
(d) 18 U.S.C. § 3013
§ 3013. Special assessment on convicted persons
(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;
APP. A - 10
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.
(e) 18 U.S.C. § 3401
§ 3401. Misdemeanors; application of probation laws
(a) When specially designated to exercise such jurisdiction by the district
court or courts he serves, any United States magistrate judge shall have
jurisdiction to try persons accused of, and sentence persons convicted of,
misdemeanors committed within that judicial district.
APP. A - 11
(b) Any person charged with a misdemeanor, other than a petty offense may
elect, however, to be tried before a district judge for the district in which the
offense was committed. The magistrate judge shall carefully explain to the
defendant that he has a right to trial, judgment, and sentencing by a district judge
and that he may have a right to trial by jury before a district judge or magistrate
judge. The magistrate judge may not proceed to try the case unless the
defendant, after such explanation, expressly consents to be tried before the
magistrate judge and expressly and specifically waives trial, judgment, and
sentencing by a district judge. Any such consent and waiver shall be made in
writing or orally on the record.
(c) A magistrate judge who exercises trial jurisdiction under this section,
and before whom a person is convicted or pleads either guilty or nolo
contendere, may, with the approval of a judge of the district court, direct the
probation service of the court to conduct a presentence investigation on that
person and render a report to the magistrate judge prior to the imposition of
sentence.
(d) The probation laws shall be applicable to persons tried by a magistrate
judge under this section, and such officer shall have power to grant probation
and to revoke, modify, or reinstate the probation of any person granted
probation by a magistrate judge.
(e) Proceedings before United States magistrate judges under this section
shall be taken down by a court reporter or recorded by suitable sound recording
equipment. For purposes of appeal a copy of the record of such proceedings
shall be made available at the expense of the United States to a person who
makes affidavit that he is unable to pay or give security therefor, and the
expense of such copy shall be paid by the Director of the Administrative Office
of the United States Courts.
(f) The district court may order that proceedings in any misdemeanor case
be conducted before a district judge rather than a United States magistrate judge
upon the court's own motion or, for good cause shown, upon petition by the
attorney for the Government. Such petition should note the novelty, importance,
or complexity of the case, or other pertinent factors, and be filed in accordance
with regulations promulgated by the Attorney General.
(g) The magistrate judge may, in a petty offense case involving a juvenile,
APP. A - 12
exercise all powers granted to the district court under chapter 403 of this title.
The magistrate judge may, in the case of any misdemeanor, other than a petty
offense, involving a juvenile in which consent to trial before a magistrate judge
has been filed under subsection (b), exercise all powers granted to the district
court under chapter 403 of this title. For purposes of this subsection,
proceedings under chapter 403 of this title may be instituted against a juvenile
by a violation notice or complaint, except that no such case may proceed unless
the certification referred to in section 5032 of this title has been filed in open
court at the arraignment.
(h) The magistrate judge shall have power to modify, revoke, or terminate
supervised release of any person sentenced to a term of
(i) A district judge may designate a magistrate judge to conduct hearings to
modify, revoke, or terminate supervised release, including evidentiary hearings,
and to submit to the judge proposed findings of fact and recommendations for
such modification, revocation, or termination by the judge, including, in the
case of revocation, a recommended disposition under section 3583(e) of this
title. The magistrate judge shall file his or her proposed findings and
recommendations.
(f) 18 U.S.C. § 3559
§ 3559. Sentencing classification of offenses
(a) Classification.--An offense that is not specifically classified by a letter
grade in the section defining it, is classified if the maximum term of
imprisonment authorized is--
(1) life imprisonment, or if the maximum penalty is death, as a Class A
felony;
(2) twenty-five years or more, as a Class B felony;
(3) less than twenty-five years but ten or more years, as a Class C
felony;
(4) less than ten years but five or more years, as a Class D felony;
APP. A - 13
(5) less than five years but more than one year, as a Class E felony;
(6) one year or less but more than six months, as a Class A
misdemeanor;
(7) six months or less but more than thirty days, as a Class B
misdemeanor;
(8) thirty days or less but more than five days, as a Class C
misdemeanor; or
(9) five days or less, or if no imprisonment is authorized, as an
infraction.
(b) Effect of classification.--Except as provided in subsection (c), an
offense classified under subsection (a) carries all the incidents assigned to the
applicable letter designation, except that the maximum term of imprisonment is
the term authorized by the law describing the offense.
(c) Imprisonment of certain violent felons.--
(1) Mandatory life imprisonment.--Notwithstanding any other
provision of law, a person who is convicted in a court of the United States of a
serious violent felony shall be sentenced to life imprisonment if--
(A) the person has been convicted (and those convictions have
become final) on separate prior occasions in a court of the United States
or of a State of--
(i) 2 or more serious violent felonies; or
(ii) one or more serious violent felonies and one or more serious
drug offenses; and
(B) each serious violent felony or serious drug offense used as a basis
for sentencing under this subsection, other than the first, was committed
after the defendant's conviction of the preceding serious violent felony or
serious drug offense.
(2) Definitions.--For purposes of this subsection--
(A) the term "assault with intent to commit rape" means an offense
that has as its elements engaging in physical contact with another person
or using or brandishing a weapon against another person with intent to
APP. A - 14
commit aggravated sexual abuse or sexual abuse (as described in sections
2241 and 2242);
(B) the term "arson" means an offense that has as its elements
maliciously damaging or destroying any building, inhabited structure,
vehicle, vessel, or real property by means of fire or an explosive;
(C) the term "extortion" means an offense that has as its elements the
extraction of anything of value from another person by threatening or
placing that person in fear of injury to any person or kidnapping of any
person;
(D) the term "firearms use" means an offense that has as its elements
those described in section 924(c) or 929(a), if the firearm was brandished,
discharged, or otherwise used as a weapon and the crime of violence or
drug trafficking crime during and relation to which the firearm was used
was subject to prosecution in a court of the United States or a court of a
State, or both;
(E) the term "kidnapping" means an offense that has as its elements
the abduction, restraining, confining, or carrying away of another person
by force or threat of force;
(F) the term "serious violent felony" means--
(i) a Federal or State offense, by whatever designation and
wherever committed, consisting of murder (as described in section
1111); manslaughter other than involuntary manslaughter (as described
in section 1112); assault with intent to commit murder (as described in
section 113(a)); assault with intent to commit rape; aggravated sexual
abuse and sexual abuse (as described in sections 2241 and 2242);
abusive sexual contact (as described in sections 2244 (a)(1) and (a)(2));
kidnapping; aircraft piracy (as described in section 46502 of Title 49);
robbery (as described in section 2111, 2113, or 2118); carjacking (as
described in section 2119); extortion; arson; firearms use; firearms
possession (as described in section 924(c); or attempt, conspiracy, or
solicitation to commit any of the above offenses; and
(ii) any other offense punishable by a maximum term of
imprisonment of 10 years or more that has as an element the use,
attempted use, or threatened use of physical force against the person
APP. A - 15
of another or that, by its nature, involves a substantial risk that physical
force against the person of another may be used in the course of
committing the offense;
(G) the term "State" means a State of the United States, the District of
Columbia, and a commonwealth, territory, or possession of the United
States; and
(H) the term "serious drug offense" means--
(i) an offense that is punishable under section 401(b)(1)(A) or 408
of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A), 848) or
section 1010(b)(1)(A) of the Controlled Substances Import and Export
Act (21 U.S.C. 960(b)(1)(A)); or
(ii) an offense under State law that, had the offense been
prosecuted in a court of the United States, would have been punishable
under section 401(b)(1)(A) or 408 of the Controlled Substances Act (21
U.S.C. 841(b)(1)(A), 848) or section 1010(b)(1)(A) of the Controlled
Substances Import and Export Act (21 U.S.C. 960(b)(1)(A)).
(3) Nonqualifying felonies.--
(A) Robbery in certain cases.--Robbery, an attempt, conspiracy, or
solicitation to commit robbery; or an offense described in paragraph
(2)(F)(ii) shall not serve as a basis for sentencing under this subsection if
the defendant establishes by clear and convincing evidence that--
(i) no firearm or other dangerous weapon was used in the
offense and no threat of use of a firearm or other dangerous
weapon was involved in the offense; and
(ii) the offense did not result in death or serious bodily injury (as
defined in section 1365) to any person.
(B) Arson in certain cases.--Arson shall not serve as a basis for
sentencing under this subsection if the defendant establishes by clear and
convincing evidence that--
(i) the offense posed no threat to human life; and
(ii) the defendant reasonably believed the offense posed no threat
APP. A - 16
to human life.
(4) Information filed by United States Attorney.--The provisions of
section 411(a) of the Controlled Substances Act (21 U.S.C. 851(a)) shall
apply to the imposition of sentence under this subsection.
(5) Rule of construction.--This subsection shall not be construed to
preclude imposition of the death penalty.
(6) Special provision for Indian country.--No person subject to the
criminal jurisdiction of an Indian tribal government shall be subject to this
subsection for any offense for which Federal jurisdiction is solely
predicated on Indian country (as defined in section 1151) and which
occurs within the boundaries of such Indian country unless the governing
body of the tribe has elected that this subsection have effect over land and
persons subject to the criminal jurisdiction of the tribe.
(7) Resentencing upon overturning of prior conviction.--If the
conviction for a serious violent felony or serious drug offense that was a
basis for sentencing under this subsection is found, pursuant to any
appropriate State or Federal procedure, to be unconstitutional or is vitiated
on the explicit basis of innocence, or if the convicted person is pardoned
on the explicit basis of innocence, the person serving a sentence imposed
under this subsection shall be resentenced to any sentence that was
available at the time of the original sentencing.
(d) Death or imprisonment for crimes against children.--
(1) In general.--Subject to paragraph (2) and notwithstanding any other
provision of law, a person who is convicted of a Federal offense that is a
serious violent felony (as defined in subsection (c)) or a violation of section
2422, 2423, or 2251 shall, unless the sentence of death is imposed, be
sentenced to imprisonment for life, if--
(A) the victim of the offense has not attained the age of 14 years;
(B) the victim dies as a result of the offense; and
(C) the defendant, in the course of the offense, engages in conduct
described in section 3591(a)(2).
(2) Exception.--With respect to a person convicted of a Federal offense
described in paragraph (1), the court may impose any lesser sentence that is
APP. A - 17
authorized by law to take into account any substantial assistance provided by
the defendant in the investigation or prosecution of another person who has
committed an offense, in accordance with the Federal Sentencing Guidelines
and the policy statements of the Federal Sentencing Commission pursuant to
section 994(p) of title 28, or for other good cause.
(e) Mandatory life imprisonment for repeated sex offenses against
children.--
(1) In general.--A person who is convicted of a Federal sex offense in
which a minor is the victim shall be sentenced to life imprisonment if the
person has a prior sex conviction in which a minor was the victim, unless
the sentence of death is imposed.
(2) Definitions.--For the purposes of this subsection--
(A) the term "Federal sex offense" means an offense under section 2241
(relating to aggravated sexual abuse), 2242 (relating to sexual abuse),
2244(a)(1) (relating to abusive sexual contact), 2245 (relating to sexual
abuse resulting in death), 2251 (relating to sexual exploitation of children),
2251A (relating to selling or buying of children), 2422(b) (relating to
coercion and enticement of a minor into prostitution), or 2423(a) (relating
to transportation of minors); (B) the term "State sex offense" means an
offense under State law that is punishable by more than one year in prison
and consists of conduct that would be a Federal sex offense if, to the extent
or in the manner specified in the applicable provision of this title--
(i) the offense involved interstate or foreign commerce, or the use of
the mails; or
(ii) the conduct occurred in any commonwealth, territory, or
possession of the United States, within the special maritime and territorial
jurisdiction of the United States, in a Federal prison, on any land or
building owned by, leased to, or otherwise used by or under the control
of the Government of the United States, or in the Indian country (as
defined in section 1151); (C) the term "prior sex conviction" means a
conviction for which the sentence was imposed before the conduct
occurred constituting the subsequent Federal sex offense, and which was
for a Federal sex offense or a State sex offense; (D) the term "minor"
means an individual who has not attained the age of 17 years;
APP. A - 18
and (E) the term "state" has the meaning given that term in subsection
(c)(2).
(3) Nonqualifying felonies.--An offense described in section 2422(b) or
2423(a) shall not serve as a basis for sentencing under this subsection if the
defendant establishes by clear and convincing evidence that--
(A) the sexual act or activity was consensual and not for the purpose of
commercial or pecuniary gain;
(B) the sexual act or activity would not be punishable by more than one
year in prison under the law of the State in which it occurred; or
(C) no sexual act or activity occurred.
(f) Mandatory minimum terms of imprisonment for violent crimes
against children.--- A person who is convicted of a Federal offense that is a
crime of violence against the person of an individual who has not attained the
age of 18 years shall, unless a greater mandatory minimum sentence of
imprisonment is otherwise provided by law and regardless of any maximum
term of imprisonment otherwise provided for the offense –
(1) if the crime of violence is murder, be imprisoned for life or for any term
of years not less than 30, except that such person shall be punished by death
or life imprisonment if the circumstances satisfy any of the subparagraphs (A)
through (D) of section 3591(a)(2) of this title;
(2) if the crime of violence is kidnapping (as defined in section 1201) or
maiming (as defined in section 114), be imprisoned for life or any tem of years
not less than 25; and
(3) if the crime of violence results in serious bodily injury (as defined in
section 1365), or if a dangerous weapon was used during and in relation to the
crime of violence, be imprisoned for life or for any term of years not less than
10.
(g)(1) If a defendant who is convicted of a felony offense (other than offense
of which an element is the false registration of a domain name) knowingly
falsely registered a domain name and knowingly used that domain name in the
course of that offense, the maximum imprisonment otherwise provided by law
for that offense shall be doubled or increased by 7 years, whichever is
APP. A - 19
less.
(2) As used in this section--
(A) the term "falsely registers" means registers in a manner that
prevents the effective identification of or contact with the person who
registers; and
(B) the term "domain name" has the meaning given that term is section
45 of the Act entitled "An Act to provide for the registration and protection
of trademarks used in commerce, to carry out the provisions of certain
international conventions, and for other purposes" approved July 5, 1946
(commonly referred to as the "Trademark Act of 1946") (15
U.S.C. 1127).
(g) 18 U.S.C. § 3571
§ 3571. Sentence of fine
(a) In general.--A defendant who has been found guilty of an offense may
be sentenced to pay a fine.
(b) Fines for individuals.--Except as provided in subsection (e) of this
section, an individual who has been found guilty of an offense may be fined not
more than the greatest of--
(1) the amount specified in the law setting forth the offense;
(2) the applicable amount under subsection (d) of this section;
(3) for a felony, not more than $250,000;
(4) for a misdemeanor resulting in death, not more than $250,000;
(5) for a Class A misdemeanor that does not result in death, not more
than $100,000;
(6) for a Class B or C misdemeanor that does not result in death, not
more than $5,000; or
(7) for an infraction, not more than $5,000.
APP. A - 20
(c) Fines for organizations.--Except as provided in subsection (e) of this
section, an organization that has been found guilty of an
(1) the amount specified in the law setting forth the offense;
(2) the applicable amount under subsection (d) of this section;
(3) for a felony, not more than $500,000;
(4) for a misdemeanor resulting in death, not more than $500,000;
(5) for a Class A misdemeanor that does not result in death, not more
than $200,000;
(6) for a Class B or C misdemeanor that does not result in death, not
more than $10,000; and
(7) for an infraction, not more than $10,000.
(d) Alternative fine based on gain or loss.--If any person derives pecuniary
gain from the offense, or if the offense results in pecuniary loss to a person other
than the defendant, the defendant may be fined not more than the greater of
twice the gross gain or twice the gross loss, unless imposition of a fine under
this subsection would unduly complicate or prolong the sentencing process.
(e) Special rule for lower fine specified in substantive provision.--If a law
setting forth an offense specifies no fine or a fine that is lower than the fine
otherwise applicable under this section and such law, by specific reference,
exempts the offense from the applicability of the fine otherwise applicable
under this section, the defendant may not be fined more than the amount
specified in the law setting forth the offense.
(h) 18 U.S.C. § 3581
§ 3581. Sentence of imprisonment
(a) In general.--A defendant who has been found guilty of an offense may
be sentenced to a term of imprisonment.
APP. A - 21
(b) Authorized terms.--The authorized terms of imprisonment are--
(1) for a Class A felony, the duration of the defendant's life or any
period of time;
(2) for a Class B felony, not more than twenty-five years;
(3) for a Class C felony, not more than twelve years;
(4) for a Class D felony, not more than six years;
(5) for a Class E felony, not more than three years;
(6) for a Class A misdemeanor, not more than one year;
(7) for a Class B misdemeanor, not more than six months;
(8) for a Class C misdemeanor, not more than thirty days; and
(9) for an infraction, not more than five days.
(i) Federal Rules of Criminal Procedure, Rule 58
Rule 58. Petty Offenses and Other Misdemeanors
(a) Scope.
(1) In General. These rules apply in petty offense and other
misdemeanor cases and on appeal to a district judge in a case tried by a
magistrate judge, unless this rule provides otherwise.
(2) Petty Offense Case Without Imprisonment. In a case involving a
petty offense for which no sentence of imprisonment will be imposed, the
court may follow any provision of these rules that is not inconsistent with this
rule and that the court considers appropriate.
(3) Definition. As used in this rule, the term "petty offense for which no
sentence of imprisonment will be imposed" means a petty offense for which
the court determines that, in the event of conviction, no sentence of
imprisonment will be imposed.
APP. A - 22
(b) Pretrial Procedure.
(1) Charging Document. The trial of a misdemeanor may proceed on an
indictment, information, or complaint. The trial of a petty offense may also
proceed on a citation or violation notice.
(2) Initial Appearance. At the defendant's initial appearance on a petty
offense or other misdemeanor charge, the magistrate judge must inform the
defendant of the following:
(A) the charge, and the minimum and maximum penalties, including
imprisonment, fines, any special assessment under 18 U.S.C. § 3013, and
restitution under 18 U.S.C. § 3556;
(B) the right to retain counsel;
(C) the right to request the appointment of counsel if the defendant is
unable to retain counsel--unless the charge is a petty offense for which the
appointment of counsel is not required;
(D) the defendant's right not to make a statement, and that any
statement made may be used against the defendant;
(E) the right to trial, judgment, and sentencing before a district
judge--unless:
(i) the charge is a petty offense; or
(ii) the defendant consents to trial, judgment, and sentencing before
a magistrate judge;
(F) the right to a jury trial before either a magistrate judge or a district
judge--unless the charge is a petty offense; and
(G) if the defendant is held in custody and charged with a
misdemeanor other than a petty offense, the right to a preliminary hearing
under Rule 5.1, and the general circumstances, if any, under which the
defendant may secure pretrial release.
(3) Arraignment.
(A) Plea Before a Magistrate Judge. A magistrate judge may take
the defendant's plea in a petty offense case. In every other misdemeanor case,
a magistrate judge may take the plea only if the defendant consents
APP. A - 23
either in writing or on the record to be tried before a magistrate judge and
specifically waives trial before a district judge. The defendant may plead not
guilty, guilty, or (with the consent of the magistrate judge) nolo contendere.
(B) Failure to Consent. Except in a petty offense case, the
magistrate judge must order a defendant who does not consent to trial before
a magistrate judge to appear before a district judge for further proceedings.
(c) Additional Procedures in Certain Petty Offense Cases. The following
procedures also apply in a case involving a petty offense for which no sentence
of imprisonment will be imposed:
(1) Guilty or Nolo Contendere Plea. The court must not accept a guilty or
nolo contendere plea unless satisfied that the defendant understands the
nature of the charge and the maximum possible penalty.
(2) Waiving Venue.
(A) Conditions of Waiving Venue. If a defendant is arrested, held, or
present in a district different from the one where the indictment, information,
complaint, citation, or violation notice is pending, the defendant may state
in writing a desire to plead guilty or nolo contendere; to waive venue and
trial in the district where the proceeding is pending; and to consent to the
court's disposing of the case in the district where the defendant was arrested,
is held, or is present.
(B) Effect of Waiving Venue. Unless the defendant later pleads not
guilty, the prosecution will proceed in the district where the defendant was
arrested, is held, or is present. The district clerk must notify the clerk in the
original district of the defendant's waiver of venue. The defendant's
statement of a desire to plead guilty or nolo contendere is not admissible
against the defendant.
(3) Sentencing. The court must give the defendant an opportunity to be
heard in mitigation and then proceed immediately to sentencing. The court
may, however, postpone sentencing to allow the probation service to
investigate or to permit either party to submit additional information.
(4) Notice of a Right to Appeal. After imposing sentence in a case tried on
a not-guilty plea, the court must advise the defendant of a right to appeal the
conviction and of any right to appeal the sentence. If the defendant was
APP. A - 24
convicted on a plea of guilty or nolo contendere, the court must advise the
defendant of any right to appeal the sentence.
(d) Paying a Fixed Sum in Lieu of Appearance.
(1) In General. If the court has a local rule governing forfeiture of
collateral, the court may accept a fixed-sum payment in lieu of the defendant's
appearance and end the case, but the fixed sum may not exceed the maximum
fine allowed by law.
(2) Notice to Appear. If the defendant fails to pay a fixed sum, request a
hearing, or appear in response to a citation or violation notice, the district clerk
or a magistrate judge may issue a notice for the defendant to appear before the
court on a date certain. The notice may give the defendant an additional
opportunity to pay a fixed sum in lieu of appearance. The district clerk must
serve the notice on the defendant by mailing a copy to the defendant's last
known address.
(3) Summons or Warrant. Upon an indictment, or upon a showing by one
of the other charging documents specified in Rule 58(b)(1) of probable cause to
believe that an offense has been committed and that the defendant has
committed it, the court may issue an arrest warrant or, if no warrant is requested
by an attorney for the government, a summons. The showing of probable cause
must be made under oath or under penalty of perjury, but the affiant need not
appear before the court. If the defendant fails to appear before the court in
response to a summons, the court may summarily issue a warrant for the
defendant's arrest.
(e) Recording the Proceedings. The court must record any proceedings
under this rule by using a court reporter or a suitable recording device.
(f) New Trial. Rule 33 applies to a motion for a new trial.
(g) Appeal.
(1) From a District Judge's Order or Judgment. The Federal Rules of
Appellate Procedure govern an appeal from a district judge's order or a
judgment of conviction or sentence.
(2) From a Magistrate Judge's Order or Judgment.
(A) Interlocutory Appeal. Either party may appeal an order of a
APP. A - 25
magistrate judge to a district judge within 14 days of its entry if a district
judge's order could similarly be appealed. The party appealing must file a
notice with the clerk specifying the order being appealed and must serve a
copy on the adverse party.
(B) Appeal from a Conviction or Sentence. A defendant may appeal a
magistrate judge's judgment of conviction or sentence to a district judge
within 14 days of its entry. To appeal, the defendant must file a notice with
the clerk specifying the judgment being appealed and must serve a copy on
an attorney for the government.
(C) Record. The record consists of the original papers and exhibits in
the case; any transcript, tape, or other recording of the proceedings; and a
certified copy of the docket entries. For purposes of the appeal, a copy of
the record of the proceedings must be made available to a defendant who
establishes by affidavit an inability to pay or give security for the record.
The Director of the Administrative Office of the United States Courts must
pay for those copies.
(D) Scope of Appeal. The defendant is not entitled to a trial de novo by
a district judge. The scope of the appeal is the same as in an appeal to the
court of appeals from a judgment entered by a district judge.
(3) Stay of Execution and Release Pending Appeal. Rule 38 applies to a
stay of a judgment of conviction or sentence. The court may release the
defendant pending appeal under the law relating to release pending appeal from
a district court to a court of appeals.
APP. A - 26
