[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3327 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3327

To amend title 18, United States Code, to prevent unjust and irrational 
                         criminal punishments.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2009

Mr. Scott of Virginia (for himself and Mr. Poe of Texas) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to prevent unjust and irrational 
                         criminal punishments.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ramos-Compean Justice Act of 2009''.

SEC. 2. AUTHORITY TO IMPOSE A SENTENCE BELOW A STATUTORY MINIMUM.

    Section 3553 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(g) Authority To Impose a Sentence Below a Statutory Minimum To 
Prevent an Unjust Sentence.--
            ``(1) General rule.--Notwithstanding any provision of law 
        other than this subsection, the court may impose a sentence 
        below a statutory minimum if the court finds that it is 
        necessary to do so in order to avoid violating the requirements 
        of subsection (a).
            ``(2) Court to give parties notice.--Before imposing a 
        sentence under paragraph (1), the court shall give the parties 
        reasonable notice of the court's intent to do so and an 
        opportunity to respond.
            ``(3) Statement in writing of factors.--The court shall 
        state, in the written statement of reasons, the factors under 
        subsection (a) that require imposition of a sentence below the 
        statutory minimum.
            ``(4) Appeal rights not limited.--This subsection does not 
        limit any right to appeal that would otherwise exist in its 
        absence.''.
                                 <all>