
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC848]

 
                        TITLE 21--FOOD AND DRUGS
 
              CHAPTER 13--DRUG ABUSE PREVENTION AND CONTROL
 
                  SUBCHAPTER I--CONTROL AND ENFORCEMENT
 
                     Part D--Offenses and Penalties
 
Sec. 848. Continuing criminal enterprise


(a) Penalties; forfeitures

    Any person who engages in a continuing criminal enterprise shall be 
sentenced to a term of imprisonment which may not be less than 20 years 
and which may be up to life imprisonment, to a fine not to exceed the 
greater of that authorized in accordance with the provisions of title 18 
or $2,000,000 if the defendant is an individual or $5,000,000 if the 
defendant is other than an individual, and to the forfeiture prescribed 
in section 853 of this title; except that if any person engages in such 
activity after one or more prior convictions of him under this section 
have become final, he shall be sentenced to a term of imprisonment which 
may not be less than 30 years and which may be up to life imprisonment, 
to a fine not to exceed the greater of twice the amount authorized in 
accordance with the provisions of title 18 or $4,000,000 if the 
defendant is an individual or $10,000,000 if the defendant is other than 
an individual, and to the forfeiture prescribed in section 853 of this 
title.

(b) Life imprisonment for engaging in continuing criminal enterprise

    Any person who engages in a continuing criminal enterprise shall be 
imprisoned for life and fined in accordance with subsection (a) of this 
section, if--
        (1) such person is the principal administrator, organizer, or 
    leader of the enterprise or is one of several such principal 
    administrators, organizers, or leaders; and
        (2)(A) the violation referred to in subsection (c)(1) of this 
    section involved at least 300 times the quantity of a substance 
    described in subsection 841(b)(1)(B) of this title, or
        (B) the enterprise, or any other enterprise in which the 
    defendant was the principal or one of several principal 
    administrators, organizers, or leaders, received $10 million dollars 
    in gross receipts during any twelve-month period of its existence 
    for the manufacture, importation, or distribution of a substance 
    described in section 841(b)(1)(B) of this title.

(c) ``Continuing criminal enterprise'' defined

    For purposes of subsection (a) of this section, a person is engaged 
in a continuing criminal enterprise if--
        (1) he violates any provision of this subchapter or subchapter 
    II of this chapter the punishment for which is a felony, and
        (2) such violation is a part of a continuing series of 
    violations of this subchapter or subchapter II of this chapter--
            (A) which are undertaken by such person in concert with five 
        or more other persons with respect to whom such person occupies 
        a position of organizer, a supervisory position, or any other 
        position of management, and
            (B) from which such person obtains substantial income or 
        resources.

(d) Suspension of sentence and probation prohibited

    In the case of any sentence imposed under this section, imposition 
or execution of such sentence shall not be suspended, probation shall 
not be granted, and the Act of July 15, 1932 (D.C. Code, secs. 24-203--
24-207), shall not apply.

(e) Death penalty

    (1) In addition to the other penalties set forth in this section--
        (A) any person engaging in or working in furtherance of a 
    continuing criminal enterprise, or any person engaging in an offense 
    punishable under section 841(b)(1)(A) of this title or section 
    960(b)(1) of this title who intentionally kills or counsels, 
    commands, induces, procures, or causes the intentional killing of an 
    individual and such killing results, shall be sentenced to any term 
    of imprisonment, which shall not be less than 20 years, and which 
    may be up to life imprisonment, or may be sentenced to death; and
        (B) any person, during the commission of, in furtherance of, or 
    while attempting to avoid apprehension, prosecution or service of a 
    prison sentence for, a felony violation of this subchapter or 
    subchapter II of this chapter who intentionally kills or counsels, 
    commands, induces, procures, or causes the intentional killing of 
    any Federal, State, or local law enforcement officer engaged in, or 
    on account of, the performance of such officer's official duties and 
    such killing results, shall be sentenced to any term of 
    imprisonment, which shall not be less than 20 years, and which may 
    be up to life imprisonment, or may be sentenced to death.

    (2) As used in paragraph (1)(b),\1\ the term ``law enforcement 
officer'' means a public servant authorized by law or by a Government 
agency or Congress to conduct or engage in the prevention, 
investigation, prosecution or adjudication of an offense, and includes 
those engaged in corrections, probation, or parole functions.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be paragraph ``(1)(B),''.
---------------------------------------------------------------------------

(g) \2\ Hearing required with respect to death penalty
---------------------------------------------------------------------------

    \2\ So in original. Section does not contain a subsec. (f), see 1988 
Amendment note below.
---------------------------------------------------------------------------
    A person shall be subjected to the penalty of death for any offense 
under this section only if a hearing is held in accordance with this 
section.

(h) Notice by Government in death penalty cases

    (1) Whenever the Government intends to seek the death penalty for an 
offense under this section for which one of the sentences provided is 
death, the attorney for the Government, a reasonable time before trial 
or acceptance by the court of a plea of guilty, shall sign and file with 
the court, and serve upon the defendant, a notice--
        (A) that the Government in the event of conviction will seek the 
    sentence of death; and
        (B) setting forth the aggravating factors enumerated in 
    subsection (n) of this section and any other aggravating factors 
    which the Government will seek to prove as the basis for the death 
    penalty.

    (2) The court may permit the attorney for the Government to amend 
this notice for good cause shown.

(i) Hearing before court or jury

    (1) When the attorney for the Government has filed a notice as 
required under subsection (h) of this section and the defendant is found 
guilty of or pleads guilty to an offense under subsection (e) of this 
section, the judge who presided at the trial or before whom the guilty 
plea was entered, or any other judge if the judge who presided at the 
trial or before whom the guilty plea was entered is unavailable, shall 
conduct a separate sentencing hearing to determine the punishment to be 
imposed. The hearing shall be conducted--
        (A) before the jury which determined the defendant's guilt;
        (B) before a jury impaneled for the purpose of the hearing if--
            (i) the defendant was convicted upon a plea of guilty;
            (ii) the defendant was convicted after a trial before the 
        court sitting without a jury;
            (iii) the jury which determined the defendant's guilt has 
        been discharged for good cause; or
            (iv) after initial imposition of a sentence under this 
        section, redetermination of the sentence under this section is 
        necessary; or

        (C) before the court alone, upon the motion of the defendant and 
    with the approval of the Government.

    (2) A jury impaneled under paragraph (1)(B) shall consist of 12 
members, unless, at any time before the conclusion of the hearing, the 
parties stipulate with the approval of the court that it shall consist 
of any number less than 12.

(j) Proof of aggravating and mitigating factors

    Notwithstanding rule 32(c) of the Federal Rules of Criminal 
Procedure, when a defendant is found guilty of or pleads guilty to an 
offense under subsection (e) of this section, no presentence report 
shall be prepared. In the sentencing hearing, information may be 
presented as to matters relating to any of the aggravating or mitigating 
factors set forth in subsections (m) and (n) of this section, or any 
other mitigating factor or any other aggravating factor for which notice 
has been provided under subsection (h)(1)(B) of this section. Where 
information is presented relating to any of the aggravating factors set 
forth in subsection (n) of this section, information may be presented 
relating to any other aggravating factor for which notice has been 
provided under subsection (h)(1)(B) of this section. Information 
presented may include the trial transcript and exhibits if the hearing 
is held before a jury or judge not present during the trial, or at the 
trial judge's discretion. Any other information relevant to such 
mitigating or aggravating factors may be presented by either the 
Government or the defendant, regardless of its admissibility under the 
rules governing admission of evidence at criminal trials, except that 
information may be excluded if its probative value is substantially 
outweighed by the danger of unfair prejudice, confusion of the issues, 
or misleading the jury. The Government and the defendant shall be 
permitted to rebut any information received at the hearing and shall be 
given fair opportunity to present argument as to the adequacy of the 
information to establish the existence of any of the aggravating or 
mitigating factors and as to appropriateness in that case of imposing a 
sentence of death. The Government shall open the argument. The defendant 
shall be permitted to reply. The Government shall then be permitted to 
reply in rebuttal. The burden of establishing the existence of any 
aggravating factor is on the Government, and is not satisfied unless 
established beyond a reasonable doubt. The burden of establishing the 
existence of any mitigating factor is on the defendant, and is not 
satisfied unless established by a preponderance of the evidence.

(k) Return of findings

    The jury, or if there is no jury, the court, shall consider all the 
information received during the hearing. It shall return special 
findings identifying any aggravating factors set forth in subsection (n) 
of this section, found to exist. If one of the aggravating factors set 
forth in subsection (n)(1) of this section and another of the 
aggravating factors set forth in paragraphs (2) through (12) of 
subsection (n) of this section is found to exist, a special finding 
identifying any other aggravating factor for which notice has been 
provided under subsection (h)(1)(B) of this section, may be returned. A 
finding with respect to a mitigating factor may be made by one or more 
of the members of the jury, and any member of the jury who finds the 
existence of a mitigating factor may consider such a factor established 
for purposes of this subsection, regardless of the number of jurors who 
concur that the factor has been established. A finding with respect to 
any aggravating factor must be unanimous. If an aggravating factor set 
forth in subsection (n)(1) of this section is not found to exist or an 
aggravating factor set forth in subsection (n)(1) of this section is 
found to exist but no other aggravating factor set forth in subsection 
(n) of this section is found to exist, the court shall impose a 
sentence, other than death, authorized by law. If an aggravating factor 
set forth in subsection (n)(1) of this section and one or more of the 
other aggravating factors set forth in subsection (n) of this section 
are found to exist, the jury, or if there is no jury, the court, shall 
then consider whether the aggravating factors found to exist 
sufficiently outweigh any mitigating factor or factors found to exist, 
or in the absence of mitigating factors, whether the aggravating factors 
are themselves sufficient to justify a sentence of death. Based upon 
this consideration, the jury by unanimous vote, or if there is no jury, 
the court, shall recommend that a sentence of death shall be imposed 
rather than a sentence of life imprisonment without possibility of 
release or some other lesser sentence. The jury or the court, regardless 
of its findings with respect to aggravating and mitigating factors, is 
never required to impose a death sentence and the jury shall be so 
instructed.

(l) Imposition of sentence

    Upon the recommendation that the sentence of death be imposed, the 
court shall sentence the defendant to death. Otherwise the court shall 
impose a sentence, other than death, authorized by law. A sentence of 
death shall not be carried out upon a person who is under 18 years of 
age at the time the crime was committed. A sentence of death shall not 
be carried out upon a person who is mentally retarded. A sentence of 
death shall not be carried out upon a person who, as a result of mental 
disability--
        (1) cannot understand the nature of the pending proceedings, 
    what such person was tried for, the reason for the punishment, or 
    the nature of the punishment; or
        (2) lacks the capacity to recognize or understand facts which 
    would make the punishment unjust or unlawful, or lacks the ability 
    to convey such information to counsel or to the court.

(m) Mitigating factors

    In determining whether a sentence of death is to be imposed on a 
defendant, the finder of fact shall consider mitigating factors, 
including the following:
        (1) The defendant's capacity to appreciate the wrongfulness of 
    the defendant's conduct or to conform conduct to the requirements of 
    law was significantly impaired, regardless of whether the capacity 
    was so impaired as to constitute a defense to the charge.
        (2) The defendant was under unusual and substantial duress, 
    regardless of whether the duress was of such a degree as to 
    constitute a defense to the charge.
        (3) The defendant is punishable as a principal (as defined in 
    section 2 of title 18) in the offense, which was committed by 
    another, but the defendant's participation was relatively minor, 
    regardless of whether the participation was so minor as to 
    constitute a defense to the charge.
        (4) The defendant could not reasonably have foreseen that the 
    defendant's conduct in the course of the commission of murder, or 
    other offense resulting in death for which the defendant was 
    convicted, would cause, or would create a grave risk of causing, 
    death to any person.
        (5) The defendant was youthful, although not under the age of 
    18.
        (6) The defendant did not have a significant prior criminal 
    record.
        (7) The defendant committed the offense under severe mental or 
    emotional disturbance.
        (8) Another defendant or defendants, equally culpable in the 
    crime, will not be punished by death.
        (9) The victim consented to the criminal conduct that resulted 
    in the victim's death.
        (10) That other factors in the defendant's background or 
    character mitigate against imposition of the death sentence.

(n) Aggravating factors for homicide

    If the defendant is found guilty of or pleads guilty to an offense 
under subsection (e) of this section, the following aggravating factors 
are the only aggravating factors that shall be considered, unless notice 
of additional aggravating factors is provided under subsection (h)(1)(B) 
of this section:
        (1) The defendant--
            (A) intentionally killed the victim;
            (B) intentionally inflicted serious bodily injury which 
        resulted in the death of the victim;
            (C) intentionally engaged in conduct intending that the 
        victim be killed or that lethal force be employed against the 
        victim, which resulted in the death of the victim;
            (D) intentionally engaged in conduct which--
                (i) the defendant knew would create a grave risk of 
            death to a person, other than one of the participants in the 
            offense; and
                (ii) resulted in the death of the victim.

        (2) The defendant has been convicted of another Federal offense, 
    or a State offense resulting in the death of a person, for which a 
    sentence of life imprisonment or a sentence of death was authorized 
    by statute.
        (3) The defendant has previously been convicted of two or more 
    State or Federal offenses punishable by a term of imprisonment of 
    more than one year, committed on different occasions, involving the 
    infliction of, or attempted infliction of, serious bodily injury 
    upon another person.
        (4) The defendant has previously been convicted of two or more 
    State or Federal offenses punishable by a term of imprisonment of 
    more than one year, committed on different occasions, involving the 
    distribution of a controlled substance.
        (5) In the commission of the offense or in escaping apprehension 
    for a violation of subsection (e) of this section, the defendant 
    knowingly created a grave risk of death to one or more persons in 
    addition to the victims of the offense.
        (6) The defendant procured the commission of the offense by 
    payment, or promise of payment, of anything of pecuniary value.
        (7) The defendant committed the offense as consideration for the 
    receipt, or in the expectation of the receipt, of anything of 
    pecuniary value.
        (8) The defendant committed the offense after substantial 
    planning and premeditation.
        (9) The victim was particularly vulnerable due to old age, 
    youth, or infirmity.
        (10) The defendant had previously been convicted of violating 
    this subchapter or subchapter II of this chapter for which a 
    sentence of five or more years may be imposed or had previously been 
    convicted of engaging in a continuing criminal enterprise.
        (11) The violation of this subchapter in relation to which the 
    conduct described in subsection (e) of this section occurred was a 
    violation of section 859 of this title.
        (12) The defendant committed the offense in an especially 
    heinous, cruel, or depraved manner in that it involved torture or 
    serious physical abuse to the victim.

(o) Right of defendant to justice without discrimination

    (1) In any hearing held before a jury under this section, the court 
shall instruct the jury that in its consideration of whether the 
sentence of death is justified it shall not consider the race, color, 
religious beliefs, national origin, or sex of the defendant or the 
victim, and that the jury is not to recommend a sentence of death unless 
it has concluded that it would recommend a sentence of death for the 
crime in question no matter what the race, color, religious beliefs, 
national origin, or sex of the defendant, or the victim, may be. The 
jury shall return to the court a certificate signed by each juror that 
consideration of the race, color, religious beliefs, national origin, or 
sex of the defendant or the victim was not involved in reaching his or 
her individual decision, and that the individual juror would have made 
the same recommendation regarding a sentence for the crime in question 
no matter what the race, color, religious beliefs, national origin, or 
sex of the defendant, or the victim, may be.
    (2) Not later than one year from November 18, 1988, the Comptroller 
General shall conduct a study of the various procedures used by the 
several States for determining whether or not to impose the death 
penalty in particular cases, and shall report to the Congress on whether 
or not any or all of the various procedures create a significant risk 
that the race of a defendant, or the race of a victim against whom a 
crime was committed, influence the likelihood that defendants in those 
States will be sentenced to death. In conducting the study required by 
this paragraph, the General Accounting Office shall--
        (A) use ordinary methods of statistical analysis, including 
    methods comparable to those ruled admissible by the courts in race 
    discrimination cases under title VII of the Civil Rights Act of 1964 
    [42 U.S.C. 2000e et seq.];
        (B) study only crimes occurring after January 1, 1976; and
        (C) determine what, if any, other factors, including any 
    relation between any aggravating or mitigating factors and the race 
    of the victim or the defendant, may account for any evidence that 
    the race of the defendant, or the race of the victim, influences the 
    likelihood that defendants will be sentenced to death. In addition, 
    the General Accounting Office shall examine separately and include 
    in the report, death penalty cases involving crimes similar to those 
    covered under this section.

(p) Sentencing in capital cases in which death penalty is not sought or 
        imposed

    If a person is convicted for an offense under subsection (e) of this 
section and the court does not impose the penalty of death, the court 
may impose a sentence of life imprisonment without the possibility of 
parole.

(q) Appeal in capital cases; counsel for financially unable defendants

    (1) In any case in which the sentence of death is imposed under this 
section, the sentence of death shall be subject to review by the court 
of appeals upon appeal by the defendant. Notice of appeal must be filed 
within the time prescribed for appeal of judgment in section 2107 of 
title 28. An appeal under this section may be consolidated with an 
appeal of the judgment of conviction. Such review shall have priority 
over all other cases.
    (2) On review of the sentence, the court of appeals shall consider 
the record, the evidence submitted during the trial, the information 
submitted during the sentencing hearing, the procedures employed in the 
sentencing hearing, and the special findings returned under this 
section.
    (3) The court shall affirm the sentence if it determines that--
        (A) the sentence of death was not imposed under the influence of 
    passion, prejudice, or any other arbitrary factor; and
        (B) the information supports the special finding of the 
    existence of every aggravating factor upon which the sentence was 
    based, together with, or the failure to find, any mitigating factors 
    as set forth or allowed in this section.

In all other cases the court shall remand the case for reconsideration 
under this section. The court of appeals shall state in writing the 
reasons for its disposition of the review of the sentence.
    (4)(A) Notwithstanding any other provision of law to the contrary, 
in every criminal action in which a defendant is charged with a crime 
which may be punishable by death, a defendant who is or becomes 
financially unable to obtain adequate representation or investigative, 
expert, or other reasonably necessary services at any time either--
        (i) before judgment; or
        (ii) after the entry of a judgment imposing a sentence of death 
    but before the execution of that judgment;

shall be entitled to the appointment of one or more attorneys and the 
furnishing of such other services in accordance with paragraphs (5), 
(6), (7), (8), and (9).
    (B) In any post conviction proceeding under section 2254 or 2255 of 
title 28 seeking to vacate or set aside a death sentence, any defendant 
who is or becomes financially unable to obtain adequate representation 
or investigative, expert, or other reasonably necessary services shall 
be entitled to the appointment of one or more attorneys and the 
furnishing of such other services in accordance with paragraphs (5), 
(6), (7), (8), and (9).
    (5) If the appointment is made before judgment, at least one 
attorney so appointed must have been admitted to practice in the court 
in which the prosecution is to be tried for not less than five years, 
and must have had not less than three years experience in the actual 
trial of felony prosecutions in that court.
    (6) If the appointment is made after judgment, at least one attorney 
so appointed must have been admitted to practice in the court of appeals 
for not less than five years, and must have had not less than three 
years experience in the handling of appeals in that court in felony 
cases.
    (7) With respect to paragraphs (5) and (6), the court, for good 
cause, may appoint another attorney whose background, knowledge, or 
experience would otherwise enable him or her to properly represent the 
defendant, with due consideration to the seriousness of the possible 
penalty and to the unique and complex nature of the litigation.
    (8) Unless replaced by similarly qualified counsel upon the 
attorney's own motion or upon motion of the defendant, each attorney so 
appointed shall represent the defendant throughout every subsequent 
stage of available judicial proceedings, including pretrial proceedings, 
trial, sentencing, motions for new trial, appeals, applications for writ 
of certiorari to the Supreme Court of the United States, and all 
available post-conviction process, together with applications for stays 
of execution and other appropriate motions and procedures, and shall 
also represent the defendant in such competency proceedings and 
proceedings for executive or other clemency as may be available to the 
defendant.
    (9) Upon a finding that investigative, expert, or other services are 
reasonably necessary for the representation of the defendant, whether in 
connection with issues relating to guilt or the sentence, the court may 
authorize the defendant's attorneys to obtain such services on behalf of 
the defendant and, if so authorized, shall order the payment of fees and 
expenses therefor under paragraph (10). No ex parte proceeding, 
communication, or request may be considered pursuant to this section 
unless a proper showing is made concerning the need for confidentiality. 
Any such proceeding, communication, or request shall be transcribed and 
made a part of the record available for appellate review.
    (10)(A) Compensation shall be paid to attorneys appointed under this 
subsection at a rate of not more than $125 per hour for in-court and 
out-of-court time. Not less than 3 years after April 24, 1996, the 
Judicial Conference is authorized to raise the maximum for hourly 
payment specified in the paragraph up to the aggregate of the overall 
average percentages of the adjustments in the rates of pay for the 
General Schedule made pursuant to section 5305 of title 5 on or after 
April 24, 1996. After the rates are raised under the preceding sentence, 
such hourly range may be raised at intervals of not less than one year, 
up to the aggregate of the overall average percentages of such 
adjustments made since the last raise under this paragraph.
    (B) Fees and expenses paid for investigative, expert, and other 
reasonably necessary services authorized under paragraph (9) shall not 
exceed $7,500 in any case, unless payment in excess of that limit is 
certified by the court, or by the United States magistrate judge, if the 
services were rendered in connection with the case disposed of entirely 
before such magistrate judge, as necessary to provide fair compensation 
for services of an unusual character or duration, and the amount of the 
excess payment is approved by the chief judge of the circuit. The chief 
judge of the circuit may delegate such approval authority to an active 
circuit judge.
    (C) The amounts paid under this paragraph for services in any case 
shall be disclosed to the public, after the disposition of the petition.

(r) Refusal to participate by State and Federal correctional employees

    No employee of any State department of corrections or the Federal 
Bureau of Prisons and no employee providing services to that department 
or bureau under contract shall be required, as a condition of that 
employment, or contractual obligation to be in attendance at or to 
participate in any execution carried out under this section if such 
participation is contrary to the moral or religious convictions of the 
employee. For purposes of this subsection, the term ``participation in 
executions'' includes personal preparation of the condemned individual 
and the apparatus used for execution and supervision of the activities 
of other personnel in carrying out such activities.

(Pub. L. 91-513, title II, Sec. 408, Oct. 27, 1970, 84 Stat. 1265; Pub. 
L. 98-473, title II, Secs. 224(b), formerly Sec. 224(c), 305, Oct. 12, 
1984, 98 Stat. 2030, 2050; Pub. L. 99-570, title I, Secs. 1005(b)(2), 
1252, 1253, Oct. 27, 1986, 100 Stat. 3207-6, 3207-14; Pub. L. 100-690, 
title VI, Sec. 6481, title VII, Sec. 7001, Nov. 18, 1988, 102 Stat. 
4382, 4387; Pub. L. 103-322, title XXXIII, Secs. 330003(e), 330009(d), 
330014, Sept. 13, 1994, 108 Stat. 2141, 2143, 2146; Pub. L. 104-132, 
title I, Sec. 108, title IX, Sec. 903(b), Apr. 24, 1996, 110 Stat. 1226, 
1318.)

                       References in Text

    Act of July 15, 1932 (D.C. Code, secs. 24-203--24-207), referred to 
in subsec. (d), is act July 15, 1932, ch. 492, 47 Stat. 696, as amended, 
which is not classified to the Code.
    The Federal Rules of Criminal Procedure, referred to in subsec. (j), 
are set out in the Appendix to Title 18, Crimes and Criminal Procedure.
    The Civil Rights Act of 1964, referred to in subsec. (o)(2)(A), is 
Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VII of the 
Civil Rights Act of 1964 is classified generally to subchapter VI 
(Sec. 2000e et seq.) of chapter 21 of Title 42, The Public Health and 
Welfare. For complete classification of this Act to the Code, see Short 
Title note set out under section 2000a of Title 42 and Tables.


                               Amendments

    1996--Subsec. (q)(9). Pub. L. 104-132, Sec. 108, amended par. (9) 
generally. Prior to amendment, par. (9) read as follows: ``Upon a 
finding in ex parte proceedings that investigative, expert or other 
services are reasonably necessary for the representation of the 
defendant, whether in connection with issues relating to guilt or 
sentence, the court shall authorize the defendant's attorneys to obtain 
such services on behalf of the defendant and shall order the payment of 
fees and expenses therefore, under paragraph (10). Upon a finding that 
timely procurement of such services could not practicably await prior 
authorization, the court may authorize the provision of and payment for 
such services nunc pro tunc.''
    Subsec. (q)(10). Pub. L. 104-132, Sec. 903(b), amended par. (10) 
generally. Prior to amendment, par. (10) read as follows: 
``Notwithstanding the rates and maximum limits generally applicable to 
criminal cases and any other provision of law to the contrary, the court 
shall fix the compensation to be paid to attorneys appointed under this 
subsection and the fees and expenses to be paid for investigative, 
expert, and other reasonably necessary services authorized under 
paragraph (9), at such rates or amounts as the court determines to be 
reasonably necessary to carry out the requirements of paragraphs (4) 
through (9).''
    1994--Subsec. (b)(2)(A). Pub. L. 103-322, Sec. 330003(e), 
substituted ``subsection (c)(1) of this section'' for ``subsection 
(d)(1) of this section''.
    Subsec. (n)(11). Pub. L. 103-322, Sec. 330014, made technical 
amendment to reference to section 859 of this title to correct reference 
to corresponding section of original act.
    Subsec. (q)(8). Pub. L. 103-322, Sec. 330009(d), substituted 
``applications for writ'' for ``applications, for writ''.
    1988--Subsec. (a). Pub. L. 100-690, Sec. 6481(a), increased minimum 
term of imprisonment for first violations to 20 from 10 years and for 
subsequent violations to 30 from 20 years.
    Subsecs. (c), (d). Pub. L. 100-690, Sec. 6481(b), redesignated 
subsecs. (d) and (e) as (c) and (d), respectively.
    Subsec. (e). Pub. L. 100-690, Sec. 7001(a)(2), added subsec. (e). 
Former subsec. (e) redesignated (d).
    Pub. L. 100-690, Sec. 7001(a)(1), which directed redesignation of 
former subsec. (e) as (f), could not be executed because of prior 
redesignation of former subsec. (e) as (d) by Pub. L. 100-690, 
Sec. 6481(b), which resulted in there not being a subsec. (f).
    Subsecs. (g) to (r). Pub. L. 100-690, Sec. 7001(b), added subsecs. 
(g) to (r).
    1986--Subsec. (a). Pub. L. 99-570, Sec. 1252, substituted ``to a 
fine not to exceed the greater of that authorized in accordance with the 
provisions of title 18 or $2,000,000 if the defendant is an individual 
or $5,000,000 if the defendant is other than an individual,'' for ``to a 
fine of not more than $100,000,'' and ``to a fine not to exceed the 
greater of twice the amount authorized in accordance with the provisions 
of title 18 or $4,000,000 if the defendant is an individual or 
$10,000,000 if the defendant is other than an individual,'' for ``to a 
fine of not more than $200,000,''.
    Subsecs. (b) to (e). Pub. L. 99-570, Sec. 1253, added subsec. (b) 
and redesignated former subsecs. (b) and (c) as (d) and (e), 
respectively, which resulted in there not being a subsec. (c).
    1984--Subsec. (a). Pub. L. 98-473, Sec. 305, struck out par. (1) 
designation, substituted references to section 853 of this title for 
references to paragraph (2) in two places, and struck out par. (2) which 
related to forfeitures to the United States by any person convicted 
under par. (1).
    Subsec. (d). Pub. L. 98-473, Sec. 305(b), struck out subsec. (d) 
relating to jurisdiction of courts of the United States.
    Subsec. (e). Pub. L. 98-473, Sec. 224(b), as renumbered by Pub. L. 
99-570, Sec. 1005(b)(2), which directed the amendment of subsec. (c) of 
this section by striking out ``and section 4202 of title 18 of the 
United States Code'', was executed by striking out that language in 
subsec. (e) to reflect the probable intent of Congress and the 
intervening amendment by Pub. L. 99-570, Sec. 1253, which redesignated 
subsec. (c) as (e). See 1986 Amendment note above.


                    Effective Date of 1996 Amendment

    Amendment by section 903(b) of Pub. L. 104-132 effective as to cases 
commenced or appeals perfected on or after Apr. 24, 1996, see section 
903(c) of Pub. L. 104-132, set out as a note under section 3006A of 
Title 18, Crimes and Criminal Procedure.


                    Effective Date of 1984 Amendment

    Amendment by section 224(b) of Pub. L. 98-473 effective Nov. 1, 
1987, and applicable only to offenses committed after the taking effect 
of such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as 
an Effective Date note under section 3551 of Title 18, Crimes and 
Criminal Procedure.


                     GAO Study of Cost of Executions

    Section 7002 of title VII of Pub. L. 100-690, directed Comptroller 
General to conduct a study of cost of executions and report to Congress, 
prior to repeal by Pub. L. 104-66, title I, Sec. 1091(d), Dec. 21, 1995, 
109 Stat. 722.

                  Section Referred to in Other Sections

    This section is referred to in section 853 of this title; title 18 
sections 36, 1956, 3553, 3559, 3591, 3592, 3663; title 28 sections 2254, 
2255.
