The U.S. Senate Judiciary has passed the Smarter Sentencing Act on a bipartisan vote of 13-5!!! Here is what this bill will do if it makes it fully through Congress and is signed by the President. Smarter Sentencing Act – 1) Would make individuals in Criminal History Category 2 eligible for the “safety-vale.” The U.S. Sentencing Commission would be required to adopt an amendment to the Guidelines incorporating this change, and could make that amendment retroactively applicable. 2) Would make the Fair Sentencing Act retroactively applicable to individuals who were sentenced before the Act took effect. Defendants would be able to file motions seeking relief based on the change. 3) Would make alter several mandatory minimums. For instance, the mandatory minimum under 21 U.S.C. 841(b)(1)(A) would be lowered from 10 to five years, and from 5 to 2 years for convictions under 21 U.S.C. 841(b)(1)(B). Summary: The Smarter Sentencing Act would make the crack law fully retroactive. It is not clear how the change would affect career offenders. The act would also increase the availability of the Safety Valve, and that change could be made retroactive by the U.S. Sentencing Commission. The Act would also lower mandatory minimums for drug offenses.
Posted on: Thu, 30 Jan 2014 16:58:10 +0000
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