I 111th CONGRESS 2d Session H. R. 6548 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.

Short title

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

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.

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.

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).