CIVIC3STATUTE FILE · ENACTED POWER
UNITED STATES · CONGRESS · SENTENCING REFORM

FAIR SENTENCING ACT + FIRST STEP §404

The partial reversal: 100 to 1 becomes about 18 to 1, and eight years later reaches the people already sentenced.

PUB. L. 111-220 / APPROVED 3 AUG 2010 / RETROACTIVE 2018
STATUTE2010ENACTED · U.S.
01 / Verdict · where it standsUS · 2010 · STATUTE
Outcome · ratio cut to about 18 to 1

TO RESTORE FAIRNESS TO FEDERAL COCAINE SENTENCING.

Twenty-four years after the 1986 Act, Congress raised the crack quantities that trigger mandatory minimums from 5 to 28 grams and from 50 to 280 grams, narrowing the ratio to about 18 to 1, and ended the five-year minimum for simple possession. The change applied only to people sentenced after 2010. In 2018 the First Step Act's §404 let people sentenced earlier for a covered offense ask the court for a reduced sentence. In 2021 the Supreme Court held that relief reaches only crack offenses that carried a mandatory minimum.

About 18 to 1, not 1 to 1.S1 ↗
ϟ THE STATUTE IN 20 SECONDS
1WHOPeople sentenced for crack, against the 1986 penalty structure.
2WHATCutting the 100-to-1 ratio and reaching those already sentenced.
3WHY IT MATTERSThe first time the drug-sentencing chain moved back toward the citizen.
THE FULL STATUTE FILE · the original write-up, checked
THE FIRST REVERSAL

The Fair Sentencing Act of 2010, approved on 3 August 2010, set out 'to restore fairness to Federal cocaine sentencing'. It raised the amount of crack that triggers a five-year mandatory minimum from 5 grams to 28, and a ten-year minimum from 50 grams to 280: a ratio of about 18 to 1, not 1 to 1. It also ended the five-year minimum for simple possession of crack that a 1988 law had created.

The changes did not apply to people sentenced before 2010. In 2018 the First Step Act's §404 made them retroactive: a court that imposed a sentence for a covered offense may impose a reduced sentence, on petition. In Terry v. United States (2021) the Supreme Court held that relief reaches only crack offenses that triggered a mandatory minimum.S1 ↗S2 ↗

FAIR SENTENCING ACT (2010) + FIRST STEP ACT §404 (2018)
ILLUSTRATION · NOT A HISTORICAL IMAGE
♟ CITIZEN LOADOUT · PEOPLE SENTENCED FOR CRACK OFFENSES
⬟
§404 PETITION

Ask the sentencing court for a reduced sentence.

♜ INSTITUTION LOADOUT · THE FEDERAL SENTENCING STRUCTURE
♜
THE SCORED ACTOR

The federal sentencing structure and the power it used. The people on the citizen side are not scored.

WHAT THIS STATUTE DID NOT DO — About 18 to 1, not 1 to 1. Retroactive only on petition, from 2018. Terry (2021) excludes offenses without a minimum.
AFTERMATH LEDGER
WhenWhat happened
2018First Step Act §404. The 2010 changes made retroactive for covered offenses.S2 ↗
14 Jun 2021Terry v. United States. No §404 relief for offenses without a mandatory minimum.S2 ↗
WHY THIS SITS WHERE IT DOES

The first time the drug-sentencing chain moved back.

THE THROUGH-LINE

ADAA (1986) → Commission reports (2002) → Fair Sentencing Act (2010) → First Step §404 (2018) → Terry (2021).

79/100

CONSTITUTIONAL GRAVITY

All-time consequence · high. Pointed toward the citizen.