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18 U.S. Code § 3582. Imposition of a sentence of imprisonment
(a)Factors To Be Considered in Imposing a Term of Imprisonment.—
The court, in determining whether to impose a term of imprisonment, and, if a term of imprisonment is to be imposed, in determining the length of the term, shall consider the factors set forth in section 3553(a) to the extent that they are applicable, recognizing that imprisonment is not an appropriate means of promoting correction and rehabilitation. In determining whether to make a recommendation concerning the type of prison facility appropriate for the defendant, the court shall consider any pertinent policy statements issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(2).
(b)Effect of Finality of Judgment.—Notwithstanding the fact that a sentence to imprisonment can subsequently be—
(1)
modified pursuant to the provisions of subsection (c);
(2)
corrected pursuant to the provisions of rule 35 of the Federal Rules of Criminal Procedure and section 3742; or
(3)
appealed and modified, if outside the guideline range, pursuant to the provisions of section 3742;
a judgment of conviction that includes such a sentence constitutes a final judgment for all other purposes.