Persons convicted of offenses against the United States or by courts-martial punishable by imprisonment for more than one year may be confined in any United States penitentiary.
A sentence for an offense punishable by imprisonment for one year or less shall not be served in a penitentiary without the consent of the defendant.
18 U.S.C. § 4083
HISTORICAL AND REVISION NOTESBased on title 18, U.S.C., 1940 ed., §§753f, 762 (Mar. 2, 1895, ch. 189, §1, 28 Stat. 957; June 10, 1896, ch. 400, §1, 29 Stat. 380; May 14, 1930, ch. 274, §7, 46 Stat. 326; June 14, 1941, ch. 204, 55 Stat. 252; Oct. 21, 1941, ch. 453, 55 Stat. 743).Said section 762 was condensed and simplified and extended to all penitentiaries instead of to Leavenworth only, since the section is merely declaratory of existing law. (See section 1 of this title classifying offenses and notes thereunder.)The second paragraph is derived from said section 753f of title 18, U.S.C., 1940 ed.Minor changes of phraseology were made.
EDITORIAL NOTES
AMENDMENTS1959- Pub. L. 86-256 substituted "punishable by imprisonment for" for "and sentenced to terms of imprisonment of" in first sentence.