I 

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. 

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 ‘‘Fair Sentencing Clari5 fication Act of 2010’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds as follows: 

8 (1) The Fair Sentencing Act of 2010 was 

9 signed into law by President Obama on August 3, 

10 2010. 


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•HR 6548 IH

1 (2) Some district courts in the United States 

2 are applying the Fair Sentencing Act to pending 

3 criminal cases, including United States v. Douglas, 

4 ll F. Supp. 2d ll, 2010 WL 4260221 (D. Me. 

5 Oct. 27, 2010); United States v. Denton Michael 

6 Gillam, CR No. 10–181–JTN–2 (W.D. Mich. Dec. 

7 3, 2010); and United States v. Marlon Jermaine 

8 Spencer, CR No. 09–400–JW–1 (N.D. Cal. Nov. 30, 

9 2010). 

10 (3) There are, however, district courts that are 

11 not applying the Fair Sentencing Act to pending 

12 cases, including United States v. Derrick Steven 

13 Clemons, CR No. 08–028–AJS–1 (W.D. of Pa. Nov. 

14 18, 2010) and United States v. Anthony L. Jackson, 

15 CR No. 10–178–JRS–1 (E.D. Va. Nov. 19, 2010). 

16 (4) The purpose of this Act is to clarify that 

17 the amendments made by the Fair Sentencing Act 

18 are to be applied to pending cases and retroactively 

19 to certain cases that are no longer pending. 

20 SEC. 3. CLARIFICATION OF RETROACTIVITY WITH REGARD 

21 TO CERTAIN OFFENSES. 

22 With respect to any offense for which the penalties 

23 were modified by section 2 or 3 of the Fair Sentencing 

24 Act of 2010 (Public Law 111–220) but which was com25 mitted before the date of enactment of such Act, and notVerDate Mar 15 2010 19:07 Dec 20, 2010 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6548.IH H6548

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•HR 6548 IH

1 withstanding the provisions of section 109 of title 1, 

2 United States Code, a court which has not yet imposed 

3 a sentence for the offense shall impose such sentence as 

4 if sections 2 and 3 of Public Law 111–220 were in effect 

5 at the time the offense was committed. 

6 SEC. 4. COURT MAY REDUCE TERM OF IMPRISONMENT IM7 POSED FOR CERTAIN OFFENSES. 

8 In the case of a defendant who has been convicted 

9 of a crime commited before August 3, 2010, and punish10 able by a term of imprisonment under section 404(a) of 

11 the Controlled Substances Act for possession of a sub12 stance which contains cocaine base, under section 

13 401(b)(1)(A)(iii) of such Act, under section 

14 401(b)(1)(B)(iii) of such Act, under section 1010(b)(1)(C) 

15 of such Act, or under section 1010(b)(2)(C) of such Act 

16 (21 U.S.C. 844(a), 841(b)(1)(A)(iii), 841(b)(1)(B)(iii), 

17 960(b)(1)(C), or 960(b)(2)(C)), on motion of the defend18 ant or the Director of the Bureau of Prisons, or on its 

19 own motion, the sentencing court may reduce the term of 

20 imprisonment consistent with the amendments made by 

21 sections 2 and 3 of the Fair Sentencing Act of 2010 (Pub22 lic Law 111–220). 

Æ 


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