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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6548 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6548

     To apply reduced sentences for certain cocaine base offenses 
      retroactively for certain offenders, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 17, 2010

Mr. Scott of Virginia introduced the following bill; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
     To apply reduced sentences for certain cocaine base offenses 
      retroactively for certain offenders, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Sentencing Clarification Act of 
2010''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) The Fair Sentencing Act of 2010 was signed into law by 
        President Obama on August 3, 2010.
            (2) Some district courts in the United States are applying 
        the Fair Sentencing Act to pending criminal cases, including 
        United States v. Douglas, __ F. Supp. 2d __, 2010 WL 4260221 
        (D. Me. Oct. 27, 2010); United States v. Denton Michael Gillam, 
        CR No. 10-181-JTN-2 (W.D. Mich. Dec. 3, 2010); and United 
        States v. Marlon Jermaine Spencer, CR No. 09-400-JW-1 (N.D. 
        Cal. Nov. 30, 2010).
            (3) There are, however, district courts that are not 
        applying the Fair Sentencing Act to pending cases, including 
        United States v. Derrick Steven Clemons, CR No. 08-028-AJS-1 
        (W.D. of Pa. Nov. 18, 2010) and United States v. Anthony L. 
        Jackson, CR No. 10-178-JRS-1 (E.D. Va. Nov. 19, 2010).
            (4) The purpose of this Act is to clarify that the 
        amendments made by the Fair Sentencing Act are to be applied to 
        pending cases and retroactively to certain cases that are no 
        longer pending.

SEC. 3. CLARIFICATION OF RETROACTIVITY WITH REGARD TO CERTAIN OFFENSES.

    With respect to any offense for which the penalties were modified 
by section 2 or 3 of the Fair Sentencing Act of 2010 (Public Law 111-
220) but which was committed before the date of enactment of such Act, 
and notwithstanding the provisions of section 109 of title 1, United 
States Code, a court which has not yet imposed a sentence for the 
offense shall impose such sentence as if sections 2 and 3 of Public Law 
111-220 were in effect at the time the offense was committed.

SEC. 4. COURT MAY REDUCE TERM OF IMPRISONMENT IMPOSED FOR CERTAIN 
              OFFENSES.

    In the case of a defendant who has been convicted of a crime 
commited before August 3, 2010, and punishable by a term of 
imprisonment under section 404(a) of the Controlled Substances Act for 
possession of a substance which contains cocaine base, under section 
401(b)(1)(A)(iii) of such Act, under section 401(b)(1)(B)(iii) of such 
Act, under section 1010(b)(1)(C) of such Act, or under section 
1010(b)(2)(C) of such Act (21 U.S.C. 844(a), 841(b)(1)(A)(iii), 
841(b)(1)(B)(iii), 960(b)(1)(C), or 960(b)(2)(C)), on motion of the 
defendant or the Director of the Bureau of Prisons, or on its own 
motion, the sentencing court may reduce the term of imprisonment 
consistent with the amendments made by sections 2 and 3 of the Fair 
Sentencing Act of 2010 (Public Law 111-220).
                                 <all>
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