---
kind: "section"
citation: "18 U.S.C. § 3562"
title: "18"
title_heading: "Crimes and Criminal Procedure"
number: "3562"
heading: "Imposition of a sentence of probation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/18/3562"
units:
  - "Part II — Criminal Procedure"
  - "Chapter 227 — Sentences"
  - "Subchapter B — Probation"
---

# §3562. Imposition of a sentence of probation

- (a) **Factors To Be Considered in Imposing a Term of Probation.—** The court, in determining whether to impose a term of probation, and, if a term of probation is to be imposed, in determining the length of the term and the conditions of probation, shall consider the factors set forth in [section 3553(a)](/usc/18/3553.md?p=a) to the extent that they are applicable.
- (b) **Effect of Finality of Judgment.—** Notwithstanding the fact that a sentence of probation can subsequently be—
  - (1) modified or revoked pursuant to the provisions of section [3564](/usc/18/3564.md) or [3565](/usc/18/3565.md);
  - (2) corrected pursuant to the provisions of [rule 35](/usc/18/35.md) of the Federal Rules of Criminal Procedure and [section 3742](/usc/18/3742.md); or
  - (3) appealed and modified, if outside the guideline range, pursuant to the provisions of [section 3742](/usc/18/3742.md);

  a judgment of conviction that includes such a sentence constitutes a final judgment for all other purposes.


## Source credit

(Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1992; amended Pub. L. 101–647, title XXXV, § 3583, Nov. 29, 1990, 104 Stat. 4930.)

## Notes

### Editorial Notes

### References in Text

The Federal Rules of Criminal Procedure, referred to in subsec. (b)(2), are set out in the Appendix to this title.

### Prior Provisions

For a prior section 3562, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3551 of this title.

### Amendments

1990—Subsec. (b)(2). Pub. L. 101–647 inserted “of the Federal Rules of Criminal Procedure” after “rule 35”.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title.