President Trump signed the First Step Act into law on December 21, 2018. While there is still much to be done in terms of criminal justice reform in the United States, this new legislative breakthrough is a step in the right direction toward more fairness in the federal criminal justice system. The First Step Act, for example, lessened some of the harsher sentences for gun and drug offenses while simultaneously providing access to programs like compassionate release.
Continue reading to learn more about federal crime sentencing and then contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
The Fair Sentencing Act is not retroactive
The Fair Sentencing Act of 2010 eased the inexplicably high sentences for crack cocaine possession and/or distribution that had been enacted in the 1980s. However, because the modifications were not retroactive, they only applied to crack cocaine charges committed after August 3, 2010. (the date on which the new law went into effect).
As a result, the Fair Sentencing Act of 2010 accomplished nothing to alleviate the unfairly severe jail sentences handed down to hundreds of prisoners prior to that date. Fortunately, Section 404 of the First Step Act retrospectively applies the whole Fair Sentencing Act to any offender sentenced for a crack cocaine charge before August 3, 2010.
The specifics of Fair Sentencing Act of 2010
Prior to the passage of the Fair Sentencing Act of 2010, possessing a certain amount of crack cocaine carried the same penalty as possessing 100 times that amount of powder cocaine. Someone arrested with 10 grams of crack, for example, would be sentenced to the same 10-year sentence as someone caught with one kilogram of cocaine. Because of the Fair Sentencing Act, this ratio was adjusted from 100:1 to 18:1, most defendants convicted of crack cocaine possession and/or distribution in federal court are eligible for a reduced sentence.
The First Step Act prohibits anyone from “stacking” weapons offenses
The First Step Act’s Section 403 addresses one of the most well-known sentencing elements in the law. Individuals convicted of discharging, using, or even simply possessing a firearm during the commission of a violent felony or a drug offense face harsh mandatory minimum sentences of five years for any first offense and a staggering 25 years for any “second or subsequent” offense. Any such penalties had to run concurrently with – that is, following – the term imposed for the underlying crime of drug offense violence.
Because a first and “second or subsequent” felony may be prosecuted at the same time, federal prosecutors could “stack” several breaches for sentence purposes. First-time offenders were subjected to the same punishments as repeat offenders under this interpretation. Thus, a person accused with robbing three banks with a pistol might also be charged with three crimes and, if convicted at trial, could face terms of five years, 25 years, and 25 years consecutively on top of the actual penalty for the bank robberies. The “stacking” of the counts resulted in excessively punitive sentences, which were heavily criticized by defense counsel and federal judges alike.
If you require help concerning these or other federal charges, contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
