18 U.S.C. § 3581

Sentence of imprisonment

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(a)In General.—A defendant who has been found guilty of an offense may be sentenced to a term of imprisonment.(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.(Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1998.)Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 101 cases (10 in the last 5 years), 1988–2025 · leading case: United States v. Larry Wayne Lafleur, United States of Am. v. Nick Michael Holm, 971 F.2d 200 (9th Cir. 1992).
United States v. Larry Wayne Lafleur, United States of Am. v. Nick Michael Holm, 971 F.2d 200 (9th Cir. 1992). · cites it 4× “In that regard, 18 U.S.C. § 3581 provides in pertinent part: *210 (a) In general.”
United States v. RLC, 503 U.S. 291 (1992). · cites it 3× “§ 3559 (b)(2), deleting the reference to 18 U. S. C. § 3581 (b) will tie the maximum sentences for juveniles to the maximum for adults, rather than making juvenile sentences more severe than adult sentences.”
United States v. LaBonte, 520 U.S. 751 (1997). · cites it 2× “" 18 U. S. C. § 3581 (b). A cross-reference to this classifying subsection does not help, however, for that subsection serves almost no significant purpose in the Federal Criminal Code.”
United States Dep't of Just. v. Julian, 486 U.S. 1 (1988). · cites it 2× “Most importantly, the Crime Control Act mandates that all sentences of imprisonment shall be for fixed terms, see 18 U. S. C. §§ 3581 , 3582(a) (1982 ed., Supp.”
United States v. Matthew Simpson, 796 F.3d 548 (5th Cir. 2015). · cites it 2× “1 Simpson was resentenced and now appeals that sentence on several grounds, asserting, among other claims, that 18 U.S.C. § 3581 (b)(8) imposes a statutory maximum sentence of twelve years for a Class C felony and that the district court accordingly erred in imposing 240 months…”
United States v. Silvestre M. Rivera, 996 F.2d 993 (9th Cir. 1993). · cites it 4× “Rivera timely appeals that sentence on three separate grounds, arguing that the district court erred in: (1) sentencing him as a career offender; (2) failing to make a downward departure from the Sentencing Guidelines; and (3) sentencing him to fourteen years in prison when 18…”
United States v. Mendiola, 696 F.3d 1033 (10th Cir. 2012). · cites it 2× “” 18 U.S.C. § 3581 (a). “[I]n determining whether to impose a term of imprisonment, and .”
United States v. Davis, 602 F.3d 643 (5th Cir. 2010). “See 18 U.S.C. § 3581 (b)(2). 2 . Because Davis's conviction was for a Class B felony, the district court could impose a prison term of up to three years upon revocation of supervised release.”
United States v. Malcolm C. Donley, 878 F.2d 735 (3rd Cir. 1989). · cites it 2× “9 Title 18 U.S.C. § 3581 establishes sentences for crimes falling within each letter grade classification, and reads in pertinent part: (b) 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…”
United States v. Steven Dave Avery, 15 F.3d 816 (9th Cir. 1994). · cites it 5× “” 18 U.S.C. § 3581 (b). The Sentencing Commission was directed by the Congress to “assure that the *819 Guidelines specified a sentence to a term of imprisonment at or near the maximum authorized for categories of defendants [who are career criminals].”
State v. Moya, 161 P.3d 862 (N.M. 2007). · cites it 2× “See 18 U.S.C. § 3581 (2000). In some states, a felony is explicitly defined as a crime punishable by death or more than one year imprisonment.”
United States v. Larry Wayne Lafleur, United States of Am. v. Nick Michael Holm, 952 F.2d 1537 (9th Cir. 1991). · cites it 4× “In that regard, 18 U.S.C. § 3581 provides in pertinent part: (a) In general.”
— 18 U.S.C. § 3581(c) — 1 case
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