Terry Technical Correction Act

To amend the First Step Act of 2018 to permit defendants convicted of certain offenses to be eligible for reduced sentences, and for other purposes. 1. Short title This Act may be cited as the Terry Technical Correction Act 2. Findings; purpose (a) Findings Congress finds that on June 14, 2021, the Supreme Court of the United States decided the case of Terry v. United States, 141 S. Ct. 1858 (2021), holding that crack offenders who did not trigger a mandatory minimum do not qualify for the retroactivity provisions of section 404 of the First Step Act of 2018 ( 21 U.S.C. 841 (b) Purpose The purpose of this Act is to clarify that the retroactivity provisions of section 404 of the First Step Act of 2018 ( 21 U.S.C. 841 Public Law 111–220 21 U.S.C. 841(b)(1)(C) 3. Application of Fair Sentencing Act of 2010 Section 404 of the First Step Act of 2018 ( 21 U.S.C. 841 (1) in subsection (a)— (A) by striking covered offense (1) means ; (B) by striking the period at the end and inserting ; and (C) by adding at the end the following: (2) includes a violation, involving cocaine base, of— (A) section 3113 of title 5, United States Code; (B) section 401(b)(1)(C) of the Controlled Substances Act ( 21 U.S.C. 841(b)(1)(C) (C) section 404(a) of the Controlled Substances Act ( 21 U.S.C. 844(a) (D) section 406 of the Controlled Substances Act ( 21 U.S.C. 846 (E) section 408 of the Controlled Substances Act ( 21 U.S.C. 848 (F) subsection (b) or (c) of section 409 of the Controlled Substances Act ( 21 U.S.C. 849 (G) subsection (a) or (b) of section 418 of the Controlled Substances Act ( 21 U.S.C. 859 (H) subsection (a), (b), or (c) of section 419 of the Controlled Substances Act ( 21 U.S.C. 860 (I) section 420 of the Controlled Substances Act ( 21 U.S.C. 861 (J) section 1010(b)(3) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960(b)(3) (K) section 1010A of the Controlled Substances Import and Export Act ( 21 U.S.C. 960a (L) section 90103 of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12522 (M) section 70503 or 70506 of title 46, United States Code; and (N) any attempt, conspiracy or solicitation to commit an offense described in subparagraphs (A) through (M). ; and (2) in subsection (c), by inserting A motion under this section that was denied after a court determination that a violation described in subsection (a)(2) was not a covered offense shall not be considered a denial after a complete review of the motion on the merits within the meaning of this section.

Summary: Terry Technical Correction Act This bill broadens the scope of crack cocaine offenders who are eligible for a retroactive sentencing reduction under the First Step Act of 2018. The First Step Act made the Fair Sentencing Act of 2010 retroactive and authorized sentencing reductions for certain crack cocaine offenders convicted and sentenced before the Fair Sentencing Act became effective. Under current law, crack cocaine offenders whose conduct triggered a mandatory minimum sentence are eligible for a retroactive sentencing reduction under the First Step Act. However, in 2021, the Supreme Court held in Terry v. United States that low-level crack cocaine offenders whose conduct did not trigger a mandatory minimum sentence are not eligible for a retroactive sentencing reduction under the First Step Act. This bill extends eligibility for a retroactive sentencing reduction under the First Step Act to all crack cocaine offenders convicted and sentenced before the Fair Sentencing Act became effective, including low-level offenders whose conduct did not trigger a mandatory minimum sentence.