Terry Technical Correction Act
This bill broadens the scope of crack cocaine offenders who are eligible for a retroactive sentencing reduction under the First Step Act of 2018.
The First Step Act made the Fair Sentencing Act of 2010 retroactive and authorized sentencing reductions for certain crack cocaine offenders convicted and sentenced before the Fair Sentencing Act became effective. Under current law, crack cocaine offenders whose conduct triggered a mandatory minimum sentence are eligible for a retroactive sentencing reduction under the First Step Act. However, in 2021, the Supreme Court held in Terry v. United States that low-level crack cocaine offenders whose conduct did not trigger a mandatory minimum sentence are not eligible for a retroactive sentencing reduction under the First Step Act.
This bill extends eligibility for a retroactive sentencing reduction under the First Step Act to all crack cocaine offenders convicted and sentenced before the Fair Sentencing Act became effective, including low-level offenders whose conduct did not trigger a mandatory minimum sentence.
Terry Technical Correction Act
This bill broadens the scope of crack cocaine offenders who are eligible for a retroactive sentencing reduction under the First Step Act of 2018.
The First Step Act made the Fair Sentencing Act of 2010 retroactive and authorized sentencing reductions for certain crack cocaine offenders convicted and sentenced before the Fair Sentencing Act became effective. Under current law, crack cocaine offenders whose conduct triggered a mandatory minimum sentence are eligible for a retroactive sentencing reduction under the First Step Act. However, in 2021, the Supreme Court held in Terry v. United States that low-level crack cocaine offenders whose conduct did not trigger a mandatory minimum sentence are not eligible for a retroactive sentencing reduction under the First Step Act.
This bill extends eligibility for a retroactive sentencing reduction under the First Step Act to all crack cocaine offenders convicted and sentenced before the Fair Sentencing Act became effective, including low-level offenders whose conduct did not trigger a mandatory minimum sentence.
Nadler moved to suspend the rules and pass the bill, as amended.
(consideration: CR H8625-8629)
Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
(consideration: CR H8644-8645)
On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 307 - 101 (Roll no. 488).