Laws: Cases and Codes : U.S. Code : Title 18 : Section 2264
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U.S. Code as of:
01/19/04
Section 2264 - Notes
SOURCE
(Added Pub. L. 103-322, title IV, Sec. 40221(a), Sept. 13, 1994,
108 Stat. 1928; amended Pub. L. 104-132, title II, Sec. 205(d),
Apr. 24, 1996, 110 Stat. 1231.)
AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-132, Sec. 205(d)(1), inserted "or
3663A" after "3663".
Subsec. (b)(1). Pub. L. 104-132, Sec. 205(d)(2)(A), reenacted
heading without change and amended text generally. Prior to
amendment, text read as follows: "The order of restitution under
this section shall direct that -
"(A) the defendant pay to the victim (through the appropriate
court mechanism) the full amount of the victim's losses as
determined by the court, pursuant to paragraph (3); and
"(B) the United States Attorney enforce the restitution order
by all available and reasonable means."
Subsec. (b)(2). Pub. L. 104-132, Sec. 205(d)(2)(B), struck out
"by victim" after "Enforcement" in heading and amended text
generally. Prior to amendment, text read as follows: "An order of
restitution also may be enforced by a victim named in the order to
receive the restitution in the same manner as a judgment in a civil
action."
Subsec. (b)(4)(C), (D). Pub. L. 104-132, Sec. 205(d)(2)(C),
struck out subpars. (C) and (D), which related to court's
consideration of economic circumstances of defendant in determining
schedule of payment of restitution orders, and court's entry of
nominal restitution awards where economic circumstances of
defendant do not allow for payment of restitution, respectively.
Subsec. (b)(5) to (10). Pub. L. 104-132, Sec. 205(d)(2)(D),
struck out pars. (5) to (10), which related, respectively, to more
than 1 offender, more than 1 victim, payment schedule, setoff,
effect on other sources of compensation, and condition of probation
or supervised release.
Subsec. (c). Pub. L. 104-132, Sec. 205(d)(3), (4), added subsec.
(c) and struck out former subsec. (c) which read as follows:
"Affidavit. - Within 60 days after conviction and, in any event,
not later than 10 days before sentencing, the United States
Attorney (or such Attorney's delegate), after consulting with the
victim, shall prepare and file an affidavit with the court listing
the amounts subject to restitution under this section. The
affidavit shall be signed by the United States Attorney (or the
delegate) and the victim. Should the victim object to any of the
information included in the affidavit, the United States Attorney
(or the delegate) shall advise the victim that the victim may file
a separate affidavit and assist the victim in the preparation of
the affidavit."
Subsecs. (d) to (g). Pub. L. 104-132, Sec. 205(d)(3), struck out
subsecs. (d) to (g), which related, respectively, to objection,
additional documentation and testimony, final determination of
losses, and restitution in addition to punishment.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3563, 3613, 3664 of this
title.
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