Crack cocaine sentence cuts
Terry v. United States
In brief
The Supreme Court left the Eleventh Circuit's ruling in place: the pre-August 3, 2010, low-level crack offenses at issue do not qualify for a sentence reduction under Section 404 of the First Step Act.
- Where it stands
- Decided
Decided 9-0 · June 14, 2021 · Opinion by Justice Thomas
- What it’s about
- This case was about whether people convicted before August 3, 2010 of low-level crack cocaine offenses under 21 U.S.C. § 841(b)(1)(C) could get shorter sentences under the First Step Act.
- Who it affects
- The ruling limits Section 404 of the First Step Act to crack offenses that triggered mandatory minimum sentences.
Summary: written with AI from the case record.
What it's about
The Supreme Court held that they could not, because that subsection’s statutory penalties were not changed by the Fair Sentencing Act.
The case clarified how the First Step Act applies to older crack sentences after Congress changed federal crack-cocaine penalties in 2010.
Question presented
Whether pre-August 3, 2010 crack offenders sentenced under 21 U.S.C. § 841(b)(1)(C) have a “covered offense” under Section 404 of the First Step Act.
What the Court decided
Holding
A crack offender is eligible for a sentence reduction under the First Step Act only if convicted of a crack offense that triggered a mandatory minimum sentence. The First Step Act makes an offender eligible for a sentence reduction only if the offender previously received “a sentence for a covered offense.” §404(b), 132 Stat. 5222. The Act defines “ ‘covered offense’ ” as “a violation of a Federal criminal statute, the statutory penalties for which were modified by” certain provisions in the Fair Sentencing Act. §404(a), ibid. The Fair Sentencing Act modified the statutory penalties for offenses that triggered mandatory minimum penalties because a person charged with the same conduct today 563, affirmed.
- Result
- Affirmed
The vote
- Joined the judgment
- Concurred in a separate opinion
- Wrote an opinion
- Majority · 8joined the Court's opinion
- Concurring · 1agreed with the result, wrote separately
- Sotomayorwrote separately
What's next
The Supreme Court case is finished. Lower courts will use this rule when reviewing Section 404 requests, and people whose crack offenses lacked a mandatory minimum sentence cannot qualify under this ruling.
Why it matters
For the low-level offenses at issue under § 841(b)(1)(C), the Fair Sentencing Act did not change the penalties set by law; those offenses therefore do not qualify.
Documents
Docket activity
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AI analysis generated: Impact Analysis
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More questions
- What did Terry v. United States decide?
- The Supreme Court upheld the Eleventh Circuit's ruling. It decided that only crack offenses triggering mandatory minimum sentences qualify for sentence reductions under the First Step Act.
- Who can qualify for a Section 404 sentence reduction?
- Among people convicted before August 3, 2010, only those whose crack offenses triggered a mandatory minimum sentence can qualify under Section 404.
- Why were the low-level § 841(b)(1)(C) offenses excluded?
- The Court said the Fair Sentencing Act did not change the penalties set by law for those offenses.
- What happens next in lower courts?
- Lower courts will apply this eligibility rule when reviewing Section 404 requests. The Supreme Court's decision does not automatically shorten anyone's sentence.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.