[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2316 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2316

     To apply reduced sentences for certain cocaine base offenses 
      retroactively for certain offenders, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 2011

    Mr. Scott of Virginia (for himself, Mr. Paul, Mr. Conyers, Mr. 
  Bartlett, Mr. Hastings of Florida, and Mr. Ellison) 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Sentencing Clarification Act of 
2011''.

SEC. 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) Most district courts in the United States are applying 
        the Fair Sentencing Act to pending criminal cases, including 
        United States v. Douglas, 746 F. Supp. 2d. 220 (D. Me. 2010), 
        __ F. 3d. __, 2011 WL 2120163 (1st Cir. May 31, 2011); United 
        States v. Raymond Brown, CR No. 10-135-GLL-1 (W.D. Pa. June 16, 
        2011); 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) According to the U.S. Sentencing Commission's analysis, 
        20,905 offenders would receive a reduction in their sentences 
        if both the statutory changes and guideline changes were made 
        retroactive, and the average sentence reduction would be 46 
        months, representing a savings of over $2.2 billion at an 
        average incarceration cost of $28,284 per year, the latest 
        yearly cost estimate from the Bureau of Prisons.
            (5) 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 cases that are no longer 
        pending.

SEC. 3. CLARIFICATION OF APPLICABILITY WITH REGARD TO PENDING CASES.

    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) and which was committed before the date of enactment of such Act, 
and notwithstanding the provisions of section 109 of title 1, United 
States Code--
            (1) in cases in which a sentence has not yet been imposed, 
        the court shall impose such sentence as if sections 2 and 3 of 
        the Fair Sentencing Act of 2010 (Public Law 111-220) were in 
        effect on the date the offense was committed; and
            (2) in cases in which a sentence has already been imposed, 
        if subject to a pending appeal on or after August 3, 2010, the 
        Court of Appeals shall remand the case for resentencing 
        consistent with the amendments made by sections 2 and 3 of the 
        Fair Sentencing Act of 2010 (Public Law 111-220).

SEC. 4. COURT MAY REDUCE TERM OF IMPRISONMENT.

    In the case of a defendant who has been convicted of a crime 
committed before August 3, 2010, for which a term of imprisonment has 
been imposed, 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 for that crime consistent with the amendments made 
by sections 2 and 3 of the Fair Sentencing Act of 2010 (Public Law 111-
220) if such crime is--
            (1) punishable by a term of imprisonment under--
                    (A) section 404(a) of the Controlled Substances Act 
                for possession of a substance which contains cocaine 
                base (21 U.S.C. 844(a)) (as in effect on the date of 
                the commission of the crime);
                    (B) section 401(b)(1)(A)(iii) of such Act (21 
                U.S.C. 841(b)(1)(A)(iii)) (as in effect on the date of 
                the commission of the crime); or
                    (C) section 401(b)(1)(B)(iii) of such Act (21 
                U.S.C. 841(b)(1)(B)(iii)) (as in effect on the date of 
                the commission of the crime); or
            (2) punishable by a term of imprisonment under paragraph 
        (1)(C) or (2)(C) of section 1010(b) of the Controlled 
        Substances Import and Export Act (21 U.S.C. 960(b)) (as in 
        effect on the date of the commission of the crime).
                                 <all>