FEDERAL · 28 U.S.C. · Chapter 58
Definitions
28 U.S.C. § 998
Title28 — Judiciary and Judicial Procedure
Chapter58 — UNITED STATES SENTENCING COMMISSION
This text of 28 U.S.C. § 998 (Definitions) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
28 U.S.C. § 998.
Text
As used in this chapter—
(a)"Commission" means the United States Sentencing Commission;
(b)"Commissioner" means a member of the United States Sentencing Commission;
(c)"guidelines" means the guidelines promulgated by the Commission pursuant to section 994(a) of this title; and
(d)"rules and regulations" means rules and regulations promulgated by the Commission pursuant to section 995 of this title.
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Related
Williams v. United States
503 U.S. 193 (Supreme Court, 1992)
Source Credit
History
(Added Pub. L. 98–473, title II, §217(a), Oct. 12, 1984, 98 Stat. 2026.)
Editorial Notes
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 12, 1984, see section 235(a)(1)(B)(i) of Pub. L. 98–473, set out as an Effective Date; Savings Provision note under section 3551 of Title 18, Crimes and Criminal Procedure.
Editorial Notes
Amendments
1992—Pub. L. 102–572, title IX, §902(b)(1), Oct. 29, 1992, 106 Stat. 4516, substituted "United States Court of Federal Claims" for "United States Claims Court" as item for chapter 91.
1982—Pub. L. 97–164, title I, §§133(j)(1), 134, title III, §301(b), Apr. 2, 1982, 96 Stat. 41, 55, substituted "United States Claims Court" for "Court of Claims" in item for chapter 91, struck out item for chapter 93 "Court of Customs and Patent Appeals", and added item for chapter 99.
1980—Pub. L. 96–417, title V, §501(20), Oct. 10, 1980, 94 Stat. 1742, substituted "Court of International Trade" for "Customs Court" in item for chapter 95.
1978—Pub. L. 95–598, title II, §241(b), Nov. 6, 1978, 92 Stat. 2671, directed the addition of item for chapter 90, "District Courts and Bankruptcy Courts", which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
1976—Pub. L. 94–583, §4(b), Oct. 21, 1976, 90 Stat. 2897, added item for chapter 97.
Editorial Notes
Amendments
2012—Pub. L. 112–226, §2(b), Dec. 28, 2012, 126 Stat. 1606, added item 1260.
1994—Pub. L. 103–337, div. A, title IX, §924(d)(2)(B), Oct. 5, 1994, 108 Stat. 2832, substituted "Court of Appeals for the Armed Forces" for "Court of Military Appeals" in item 1259.
1988—Pub. L. 100–352, §§1, 2(c), 5(a), June 27, 1988, 102 Stat. 662, 663, struck out item 1252 "Direct appeals from decisions invalidating Acts of Congress", struck out "appeal;" after "certiorari;" in item 1254, and struck out "appeal;" after "State courts;" in item 1257 and after "of Puerto Rico;" in item 1258.
1983—Pub. L. 98–209, §10(a)(2), Dec. 6, 1983, 97 Stat. 1406, added item 1259.
1982—Pub. L. 97–164, title I, §123, Apr. 2, 1982, 96 Stat. 36, struck out item 1255 "Court of Claims; certiorari; certified questions" and item 1256 "Court of Customs and Patent Appeals; certiorari".
1961—Pub. L. 87–189, §2, Aug. 30, 1961, 75 Stat. 417, added item 1258.
Statutory Notes and Related Subsidiaries
Definitions of Courts and Judges
Act June 25, 1948, ch. 646, §32, 62 Stat. 991, as amended by act May 24, 1949, ch. 139, §127, 63 Stat. 107, provided:
"(a) All laws of the United States in force on September 1, 1948, in which reference is made to a 'circuit court of appeals'; 'senior circuit judge'; 'senior district judge'; 'presiding judge'; 'chief justice', except when reference to the Chief Justice of the United States is intended; or 'justice', except when used with respect to a justice of the Supreme Court of the United States in his capacity as such or as a circuit justice, are hereby amended by substituting 'court of appeals' for 'circuit court of appeals'; 'chief judge of the circuit' for 'senior circuit judge'; 'chief judge of the district court' for 'senior district judge'; 'chief judge' for 'presiding judge'; 'chief judge' for 'chief justice', except when reference to the Chief Justice of the United States is intended; and 'judge' for 'justice', except when the latter term is used with respect to a justice of the Supreme Court of the United States in his capacity as such or as a circuit justice.
"(b) All laws of the United States in force on September 1, 1948, in which reference is made to the Supreme Court of the District of Columbia or to the District Court of the United States for the District of Columbia are amended by substituting 'United States District Court for the District of Columbia' for such designations.
"(c) All laws of the United States in force on September 1, 1948, in which reference is made to the 'Conference of Senior Circuit Judges', or to the 'Judicial Conference of Senior Circuit Judges' are amended by substituting 'Judicial Conference of the United States' for such designations.
"(d) This section shall not be construed to amend historical references to courts or judicial offices which have no present or future application to such courts or offices."
Effective Date
Section effective Oct. 12, 1984, see section 235(a)(1)(B)(i) of Pub. L. 98–473, set out as an Effective Date; Savings Provision note under section 3551 of Title 18, Crimes and Criminal Procedure.
Editorial Notes
Amendments
1992—Pub. L. 102–572, title IX, §902(b)(1), Oct. 29, 1992, 106 Stat. 4516, substituted "United States Court of Federal Claims" for "United States Claims Court" as item for chapter 91.
1982—Pub. L. 97–164, title I, §§133(j)(1), 134, title III, §301(b), Apr. 2, 1982, 96 Stat. 41, 55, substituted "United States Claims Court" for "Court of Claims" in item for chapter 91, struck out item for chapter 93 "Court of Customs and Patent Appeals", and added item for chapter 99.
1980—Pub. L. 96–417, title V, §501(20), Oct. 10, 1980, 94 Stat. 1742, substituted "Court of International Trade" for "Customs Court" in item for chapter 95.
1978—Pub. L. 95–598, title II, §241(b), Nov. 6, 1978, 92 Stat. 2671, directed the addition of item for chapter 90, "District Courts and Bankruptcy Courts", which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
1976—Pub. L. 94–583, §4(b), Oct. 21, 1976, 90 Stat. 2897, added item for chapter 97.
Editorial Notes
Amendments
2012—Pub. L. 112–226, §2(b), Dec. 28, 2012, 126 Stat. 1606, added item 1260.
1994—Pub. L. 103–337, div. A, title IX, §924(d)(2)(B), Oct. 5, 1994, 108 Stat. 2832, substituted "Court of Appeals for the Armed Forces" for "Court of Military Appeals" in item 1259.
1988—Pub. L. 100–352, §§1, 2(c), 5(a), June 27, 1988, 102 Stat. 662, 663, struck out item 1252 "Direct appeals from decisions invalidating Acts of Congress", struck out "appeal;" after "certiorari;" in item 1254, and struck out "appeal;" after "State courts;" in item 1257 and after "of Puerto Rico;" in item 1258.
1983—Pub. L. 98–209, §10(a)(2), Dec. 6, 1983, 97 Stat. 1406, added item 1259.
1982—Pub. L. 97–164, title I, §123, Apr. 2, 1982, 96 Stat. 36, struck out item 1255 "Court of Claims; certiorari; certified questions" and item 1256 "Court of Customs and Patent Appeals; certiorari".
1961—Pub. L. 87–189, §2, Aug. 30, 1961, 75 Stat. 417, added item 1258.
Statutory Notes and Related Subsidiaries
Definitions of Courts and Judges
Act June 25, 1948, ch. 646, §32, 62 Stat. 991, as amended by act May 24, 1949, ch. 139, §127, 63 Stat. 107, provided:
"(a) All laws of the United States in force on September 1, 1948, in which reference is made to a 'circuit court of appeals'; 'senior circuit judge'; 'senior district judge'; 'presiding judge'; 'chief justice', except when reference to the Chief Justice of the United States is intended; or 'justice', except when used with respect to a justice of the Supreme Court of the United States in his capacity as such or as a circuit justice, are hereby amended by substituting 'court of appeals' for 'circuit court of appeals'; 'chief judge of the circuit' for 'senior circuit judge'; 'chief judge of the district court' for 'senior district judge'; 'chief judge' for 'presiding judge'; 'chief judge' for 'chief justice', except when reference to the Chief Justice of the United States is intended; and 'judge' for 'justice', except when the latter term is used with respect to a justice of the Supreme Court of the United States in his capacity as such or as a circuit justice.
"(b) All laws of the United States in force on September 1, 1948, in which reference is made to the Supreme Court of the District of Columbia or to the District Court of the United States for the District of Columbia are amended by substituting 'United States District Court for the District of Columbia' for such designations.
"(c) All laws of the United States in force on September 1, 1948, in which reference is made to the 'Conference of Senior Circuit Judges', or to the 'Judicial Conference of Senior Circuit Judges' are amended by substituting 'Judicial Conference of the United States' for such designations.
"(d) This section shall not be construed to amend historical references to courts or judicial offices which have no present or future application to such courts or offices."
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Bluebook (online)
28 U.S.C. § 998, Counsel Stack Legal Research, https://law.counselstack.com/usc/28/998.