I 

111TH CONGRESS 

2D SESSION H. R. 6059 

To amend title 18, United States Code, to provide for deferred sentencing 

and the possibility of dismissal for drug offenders, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2010 

Mr. PIERLUISI (for himself, Ms. JACKSON LEE of Texas, Mr. SCOTT of Virginia, Ms. MOORE of Wisconsin, Mr. TOWNS, Mr. DAVIS of Illinois, Mr. 

COHEN, Ms. WOOLSEY, Ms. DEGETTE, Mr. MCGOVERN, Mr. POLIS of 

Colorado, Mr. BACA, Mr. GRIJALVA, Mr. GRAYSON, Mr. NADLER of New 

York, and Mr. FARR) introduced the following bill; which was referred 

to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to provide for deferred sentencing and the possibility of dismissal for 

drug offenders, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal First Offender 

5 Improvement Act of 2010’’. 


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1 SEC. 2. DEFERRED SENTENCING WITH THE POSSIBILITY OF 

2 DISMISSAL FOR DRUG OFFENDERS. 

3 (a) IN GENERAL.—Section 3607(a) of title 18, 

4 United States Code, is amended— 

5 (1) by striking ‘‘found guilty of an offense 

6 under section 404 of the Controlled Substances Act 

7 (21 U.S.C. 844)’’ and inserting ‘‘is found guilty of 

8 an offense under section 401, 404, or 406 of the 

9 Controlled Substances Act (21 U.S.C. 841, 844, 

10 846), and’’; 

11 (2) by striking paragraphs (1) and (2) and in12 serting the following: 

13 ‘‘(1) that person did not use violence or credible 

14 threats of violence or possess a firearm or other dan15 gerous weapon (or induce another participant to do 

16 so) in connection with the offense; 

17 ‘‘(2) the offense did not result in death or seri18 ous bodily injury to any person; 

19 ‘‘(3) that person was not an organizer, leader, 

20 manager, or supervisor of others in the offense, as 

21 determined under the sentencing guidelines and was 

22 not engaged in a continuing criminal enterprise, as 

23 defined in section 408 of the Controlled Substances 

24 Act; 

25 ‘‘(4) that person has not previously been the 

26 subject of a disposition under this subsection; and 


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1 ‘‘(5) that person has not been previously con2 victed of a crime of violence or other offense punish3 able by a term of imprisonment for more than one 

4 year;’’; and 

5 (3) by striking ‘‘one year’’ and inserting ‘‘2 

6 years’’. 

7 (b) EXPUNGEMENT.—Section 3607(c) of title 18, 

8 United States Code, is amended— 

9 (1) by striking ‘‘found guilty of an offense 

10 under section 404 of the Controlled Substances Act 

11 (21 U.S.C. 844)’’ and inserting ‘‘found guilty of an 

12 offense under section 401, 404, or 406 of the Con13 trolled Substances Act (21 U.S.C. 841, 844, 846)’’; 

14 and 

15 (2) by striking ‘‘, and the person was less than 

16 twenty-one years old at the time of the offense’’. 

17 (c) CONFORMING AMENDMENTS.— 

18 (1) The heading for section 3607 of title 18, 

19 United States Code, is amended by striking ‘‘DRUG

20 POSSESSORS’’ and inserting ‘‘DRUG OFFEND21 ERS’’. 

22 (2) The item relating to section 3607 in the 

23 table of sections at the beginning of subchapter A of 

24 chapter 229 of title 18, United States Code, is 


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1 amended by striking ‘‘drug possessors’’ and insert2 ing ‘‘drug offenders’’. 

Æ 


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