I 

112TH CONGRESS 

1ST SESSION H. R. 2567 

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 15, 2011 

Mr. PIERLUISI (for himself, Ms. JACKSON LEE of Texas, Mr. SCOTT of Virginia, Mr. NADLER, Mr. COHEN, Mr. JOHNSON of Georgia, Ms. LINDA

T. SA ́NCHEZ of California, Mr. TOWNS, Ms. NORTON, Mr. FARR, Mr. 

GENE GREEN of Texas, Ms. WOOLSEY, Mr. DAVIS of Illinois, Ms. 

DEGETTE, Ms. LEE of California, Mr. MCGOVERN, Mr. REYES, Mr. 

BACA, Mr. GRIJALVA, Ms. MOORE, and Mr. POLIS) 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 2011’’. 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•HR 2567 IH

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 de6 scribed in section 404 of the Controlled Substances 

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

8 of an offense under’’; 

9 (2) by striking paragraphs (1) and (2) and in10 serting the following: 

11 ‘‘(1) section 401 or 406 of the Controlled Sub12 stances Act (21 U.S.C. 841, 846), and— 

13 ‘‘(A) that person did not use violence or 

14 credible threats of violence or possess a firearm 

15 or other dangerous weapon (or induce another 

16 participant to do so) in connection with the of17 fense; 

18 ‘‘(B) the offense did not result in death or 

19 serious bodily injury to any person; 

20 ‘‘(C) that person was not an organizer, 

21 leader, manager, or supervisor of others in the 

22 offense, as determined under the sentencing 

23 guidelines and was not engaged in a continuing 

24 criminal enterprise, as defined in section 408 of 

25 the Controlled Substances Act (21 U.S.C. 848); 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•HR 2567 IH

1 ‘‘(D) that person has not previously been 

2 the subject of a disposition under this sub3 section; and 

4 ‘‘(E) that person has not been previously 

5 convicted of a crime of violence or other offense 

6 punishable by a term of imprisonment for more 

7 than one year; or 

8 ‘‘(2) section 404 of the Controlled Substances 

9 Act (21 U.S.C. 844), and— 

10 ‘‘(A) that person has not previously been 

11 the subject of a disposition under this sub12 section; and 

13 ‘‘(B) that person has not been previously 

14 convicted of a crime of violence or other offense 

15 punishable by a term of imprisonment for more 

16 than one year; and’’; and 

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

18 years (or, in the case of an offense under section 

19 404 of the Controlled Substances Act (21 U.S.C. 

20 844), not more than 1 year)’’. 

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

22 United States Code, is amended— 

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

24 under section 404 of the Controlled Substances Act 

25 (21 U.S.C. 844)’’ and inserting ‘‘found guilty of an 


smartinez on DSK6TPTVN1PROD with BILLS
4 

•HR 2567 IH

1 offense under section 401, 404, or 406 of the Con2 trolled Substances Act (21 U.S.C. 841, 844, 846)’’; 

3 and 

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

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

6 (c) CONFORMING AMENDMENTS.— 

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

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

9 POSSESSORS’’ and inserting ‘‘DRUG OFFEND10 ERS’’. 

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

12 table of sections at the beginning of subchapter A of 

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

14 amended by striking ‘‘drug possessors’’ and insert15 ing ‘‘drug offenders’’. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS