STANDARD OF REVIEW.

SEC. 7103. STANDARD OF REVIEW. (a) Title 18 Amendment.—Section 3742 of title 18, United States Code, is amended— (1) in subsections (a)(2) and (b)(2), by striking “issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)”; 102 STAT. 4417 (2) by striking paragraph (3) of subsection (a) and inserting the following: “(3) is greater than the sentence specified in the applicable guideline range to the extent that the sentence includes a greater fine or term of imprisonment, probation, or supervised release than the maximum established in the guideline range, or includes a more limiting condition of probation or supervised release under section 3563(b)(6) or (b)(11) than the maximum established in the guideline range; or”; (3) by striking paragraph (3) of subsection (b) and inserting the following: “(3) is less than the sentence specified in the applicable guideline range to the extent that the sentence includes a lesser fine or term of imprisonment, probation, or supervised release than the minimum established in the guideline range, or includes a less limiting condition of probation or supervised release under section 3563(b)(6) or (b)(11) than the minimum established in the guideline range; or”; (4) by striking paragraph (4) of subsection (a) and inserting the following: “(4) was imposed for an offense for which there is no sentencing guideline and is plainly unreasonable.”; (5) in subsection (b)— (A) by striking paragraph (4) through the end and inserting the following: “(4) was imposed for an offense for which there is no sentencing guideline and is plainly unreasonable.”; and (B) by inserting after “The Government” the following: “, with the personal approval of the Attorney General or the Solicitor General,”; (6) in subsections (d)(3) and (e)(2), by striking “range of the applicable sentencing guideline” and inserting “applicable guideline range”; (7) in the second sentence of subsection (d), by inserting “and shall give due deference to the district court’s application of the guidelines to the facts” after “clearly erroneous”; (8) by inserting a new subsection (c), as follows, and by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively: “(c) Plea Agreements.—In the case of a plea agreement that includes a specific sentence under rule 11(e)(1)(C) of the Federal Rules of Criminal Procedure— “(1) a defendant may not file a notice of appeal under paragraph (3) or (4) of subsection (a) unless the sentence imposed is greater than the sentence set forth in such agreement; and “(2) the Government may not file a notice of appeal under paragraph (3) or (4) of subsection (b) unless the sentence imposed is less than the sentence set forth in such agreement.”; and (9) by adding at the end of the section the following new subsection: “(h) Guideline Not Expressed as a Range.—For the purpose of this section, the term ‘guideline range’ includes a guideline range having the same upper and lower limits.”. (b) Title 28 Amendment.—Section 994(a)(1) of title 28, United States Code, is amended— 102 STAT. 4418 (1) in subparagraph (C), by striking out “term; and” and inserting “term;”; (2) in subparagraph (D), by inserting “and” after “consecutively;”; and (3) by adding at the end thereof the following: “(E) a determination under paragraphs (6) and (11) of section 3563(b) of title 18;”.