Sec. SUBCHAPTER II-EXECUTION GENERALLY 4411. Furnishing copy of judgment and commitment to officer. 4416. Concurrent and consecutive sentences. 4417. Commencement of term of imprisonment. 4418. Temporary releases. SUBCHAPTER III-EXECUTION OF DEATH SENTENCE 4451. Warrant for execution of judgment of death; time of execution. 4452. Transmission of statement of conviction and testimony to Governor. 4453. Suspension of execution of judgment of death generally. 4454. Inquiry into sanity of defendant. 4455. Hearing and findings as to sanity. 4456. Order as to sanity; commitment to hospital. 4457. Procedure on finding of sanity or insanity. 4458. Inquiry into supposed pregnancy of defendant. 4459. Procedure on finding of pregnancy or otherwise. 4460. Ordering execution of judgment of death remaining in force unexecuted. 4461. Mode of inflicting punishment of death. 4462. Place of execution of judgment of death; persons present. 4463. Return upon death warrant. Subchapter I-Judgment; Appeals § 4371. Circumstances in aggravation or mitigation of punishment In addition to the statement and information by defendant in mitigation of punishment pursuant to Rule 32(a) of the Federal Rules of Criminal Procedure and the presentence investigation pursuant to Rule 32(c), before imposing sentence the district court may in its discretion permit the attorney for the Government to present evidence and make a recommendation in aggravation or mitigation of punish ment. § 4372. Imprisonment for nonpayment of fine and costs in district court A judgment of the district court that the defendant pay a fine and costs may also direct that he be imprisoned until the fine and costs are satisfied. The judgment shall specify the extent of the imprisonment, which may not exceed one day for each $2.50 of the fine and costs, nor extend in any case beyond the term for which the defendant might be sentenced to imprisonment for the offense of which he has been convicted. § 4373. Imprisonment for nonpayment of fine in magistrate's court When a judgment is rendered against a defendant that he pay a fine, if he fails to do so at once, the magistrate shall commit him to jail, to be confined one day for each $2.50 of fine remaining unpaid. The imprisonment may not extend in any case beyond the term for which the defendant might be sentenced to imprisonment for the offense of which he has been convicted. § 4374. Discharge of indigent prisoner (a) When a convict, sentenced for violation of any law applicable to and within the Canal Zone by any court in the Canal Zone to be imprisoned and pay fine, or fine and costs, or to pay a fine, or fine and costs, has been confined in a penitentiary, prison, or jail for 30 days, solely for the nonpayment of the fine, or fine and costs, the convict may make application in writing to the magistrate for the subdivision wherein he is confined setting forth his inability to pay the fine, or fine and costs, and after notice to the United States attorney, who may appear, offer evidence, and be heard, the magistrate shall proceed to hear and determine the matter. (b) If on examination it appears to the magistrate that the convict is unable to pay the fine, or fine and costs, and that he has not any property exceeding $20 in value, except such as is by law exempt from being taken on execution for debt, the magistrate shall administer to him the following oath: "I do solemnly swear that I have not any property, real or personal, exceeding $20, except such as is by law exempt from being taken on civil process for debt; and that I have no property in any way conveyed or concealed, or in any way disposed of, for my future use or benefit. So help me God." Upon taking the oath the convict shall be discharged. (c) If the convict is found by the magistrate to possess property valued at an amount in excess of that exemption, nevertheless, if the magistrate finds that the retention by the convict of all such property is reasonably necessary for his support or that of his family, the convict shall be discharged without further imprisonment solely for the nonpayment of the fine, or fine and costs; or if he finds that the retention by the convict of any part of the property is reasonably necessary for his support or that of his family, the convict shall be discharged without further imprisonment solely for nonpayment of the fine, or fine and costs, upon payment on account of his fine, or fine and costs, of that portion of his property in excess of the amount found to be reasonably necessary for his support or that of his family. (d) Upon discharging a convict without further imprisonment solely for nonpayment of a fine, or fine and costs, the magistrate shall file with the penitentiary, prison, or jail in which the convict is confined, a certificate setting forth the facts. 84375. Mitigation of punishment when act already punished as contempt When it appears at the time of passing sentence upon a person convicted upon an information, that the person has already paid a fine or suffered an imprisonment for the act of which he stands convicted, under an order adjudging it a contempt, the court authorized to pass sentence may mitigate the punishment to be imposed in its discretion. § 4376. Discharge or detention of defendant after acquittal If judgment of acquittal is given on a verdict, and the defendant is not detained for any other legal cause, he shall be discharged as soon as the judgment is given, except where the acquittal is because of a variance between the pleading and proof, which may be obviated by a new information. The court may order his detention, to the end that a new information may be preferred in the same manner and with like effect as provided by law. § 4377. Appeals by Government of the Canal Zone An appeal may be taken by and on behalf of the Government of the Canal Zone from the district court in accordance with section 3731 of Title 18, United States Code. Subchapter II-Execution Generally § 4411. Furnishing copy of judgment and commitment to officer When a judgment other than death has been pronounced, the clerk shall forthwith furnish a certified copy of the judgment and commitment to the officer whose duty it is to execute the judgment, and no other warrant or authority is necessary to justify or require its execution. 88558 - 62-40 § 4412. Judgment for fine and costs; attachment of property If a judgment is for a fine and costs, with or without imprisonment, execution may be issued thereon attaching the property of the defendant. § 4413. Execution of judgment for imprisonment or for fine and costs If the judgment is for imprisonment, or a fine and costs and imprisonment until they are paid, the defendant shall forthwith be committed to the custody of the proper officer and be detained by him until the judgment is complied with. § 4414. Execution of judgment for imprisonment in penitentiary If the judgment is for imprisonment in the penitentiary, the marshal, upon receipt of a certified copy thereof, shall take and deliver the defendant to the warden of the penitentiary. He shall also deliver to the warden the certified copy of the judgment, and take from the warden a receipt for the defendant. § 4415. Execution of judgment for imprisonment in jail A sentence of imprisonment in jail, when imposed either by the district judge or a magistrate, may be executed by confinement in any jail of the Canal Zone. § 4416. Concurrent and consecutive sentences (a) A judgment imposing a sentence of imprisonment in a penitentiary or jail shall specify whether the sentence is to be served con currently with or consecutively to any other sentence imposed at the same time or prior thereto. If the sentences are to be served consecutively, the judgment shall specify when each sentence is to begin with reference to the termination of any other sentence. (b) Unless the judgment specifically postpones the commencement of a sentence pursuant to subsection (a) of this section, the sentence commences to run on the date fixed by section 4417 of this title, and shall be served concurrently with any other sentence imposed at the same time or prior thereto. (c) Concurrent penitentiary and jail sentences shall all be served in the penitentiary until all penitentiary sentences have been served. § 4417. Commencement of term of imprisonment Except as provided by section 4416 of this title and Rule 38 of the Federal Rules of Criminal Procedure, the term of imprisonment fixed by the judgment in a criminal action commences to run only upon the actual delivery of the defendant at the place of the imprison ment. Credit toward the service of a sentence shall be given to a defendant for any days spent in custody prior to the imposition of sentence by the sentencing court for want of bail set for the offense under which sentence was imposed where the statute requires the imposition of a minimum mandatory sentence. § 4418. Temporary releases If during the term of imprisonment the defendant by any legal means is temporarily released from imprisonment and subsequently returned thereto, the time during which he was at large may not be computed as part of the term. Subchapter III-Execution of Death Sentence § 4451. Warrant for execution of judgment of death; time of execution When judgment of death is rendered, a warrant signed by the judge and attested by the clerk, under the seal of the court, shall be drawn and delivered to the marshal. It shall state the conviction and judgment, and appoint a day on which judgment is to be executed, which must be not less than 90 nor more than 120 days from the time of judgment, and shall direct the marshal to deliver the defendant, within 10 days from the time of judgment, to the warden of the penitentiary, for execution. § 4452. Transmission of statement of conviction and testimony to Governor Immediately after a conviction in the district court requiring a judgment of death, the judge thereof shall transmit to the Governor, by mail or otherwise, a statement of the conviction and judgment and of the testimony given at the trial. § 4453. Suspension of execution of judgment of death generally A judge or court, or, except as provided in sections 4454-4459 of this title, an officer other than the Governor, may not suspend the execution of a judgment of death, unless an appeal is taken. § 4454. Inquiry into sanity of defendant (a) If, after his delivery to the warden of the penitentiary for execution, there is good reason to believe that a defendant under judgment of death has become insane, the warden shall call this fact to the attention of the United States attorney, who shall immediately file in the district court a petition, stating the conviction and judgment, and the fact that the defendant is believed to be insane, and asking that the question of his sanity be inquired into. (b) Upon the filing of the petition, the district court shall order that the defendant be examined as to his mental condition by at least three designated examiners, as defined by section 1631 of Title 5. For the purpose of the examination the court may order the defendant committed to a hospital, as defined by section 1631 of Title 5, for such reasonable period as the court may determine. The designated examiners shall report to the court, and the report shall be placed on file and shall be accessible to the counsel for the Government and to the defendant or his counsel. § 4455. Hearing and findings as to sanity Upon receiving the report of the designated examiners pursuant to section 4454 of this title, the district court shall hold a hearing upon due notice, in which evidence as to the mental condition of the defendant may be submitted, including that of the reporting designated examiners, and the court shall make a finding with respect to the sanity of the defendant. If the defendant appears without counsel, the court shall appoint counsel to represent him at the hearing. § 4456. Order as to sanity; commitment to hospital The finding of the district court shall be entered upon the minutes, and the court shall enter an order reciting the fact of the hearing and the result thereof. When it is found that the defendant is insane, the order shall commit the defendant to a hospital as defined in section 1631 of Title 5 and direct that he be kept there in safe confinement until his reason is restored. § 4457. Procedure on finding of sanity or insanity (a) If it is found that the defendant is sane, the warden shall proceed to execute the judgment as specified in the warrant. (b) If it is found that the defendant is insane, the warden shall suspend the execution and transmit a copy of the order mentioned in section 4456 of this title to the Governor, and deliver the defendant, together with a certified copy of the order, to the head of the hospital named in the order. (c) When in the opinion of at least one designated examiner, as defined by section 1631 of Title 5, the defendant has become sane, the head of the hospital to which the defendant has been committed shall report the opinion and findings of the designated examiner to the district court. The report shall be made a part of the court record and shall be accessible to the counsel for the Government and the defendant or his counsel. (d) Within a reasonable time after the filing of a report under subsection (c) of this section, the district court shall hold a hearing, upon due notice, in which evidence as to the mental condition of the defendant may be submitted, and the court shall make a finding with respect thereto. If the defendant appears without counsel, the court shall appoint counsel to represent him at the hearing. (e) If the district court finds that the defendant has recovered his sanity, it shall certify that fact to the Governor, who shall thereupon issue to the warden his warrant appointing a day for the execution of the judgment, and the warden shall thereupon return the defendant to the penitentiary pending the execution of the judgment. If the district court finds that the defendant has not recovered his sanity, it shall direct the return of the defendant to the hospital, to be there kept in safe confinement until his sanity is restored. § 4458. Inquiry into supposed pregnancy of defendant If there is good reason to believe that a female against whom a sentence of death is rendered is pregnant, proceedings shall be had as provided by section 4454 of this title, except that the district court shall cause the defendant to be examined by three disinterested physicians, of good standing in their profession. Upon receiving the report of the physicians, the district court shall hold a hearing as provided in section 4455 of this title and make a finding with respect to the pregnancy of the defendant. § 4459. Procedure on finding of pregnancy or otherwise If the district court finds that the female is not pregnant, the warden shall execute the judgment. If it is found that the female is pregnant, the warden shall suspend the execution of the judgment and transmit a certified copy of the finding to the Governor. When the Governor receives from the warden a certificate that the defendant is no longer pregnant, the Governor shall issue to the warden his warrant appointing a day for the execution of the judgment. § 4460. Ordering execution of judgment of death remaining in force unexecuted If, for any reason other than the pendency of an appeal or a suspension of judgment under section 4457 or 4459 of this title, a judgment of death has not been executed and it remains in force, the district court, on the application of the United States attorney, shall order the defendant to be brought before it, or if he is at large, a warrant for apprehension may be issued. Upon the defendant being brought before the court, it shall inquire into the facts, and if no legal reason exists against the execution of the judgment, shall make an order that the warden of the penitentiary to whom the marshal is directed to |