Terry v. United States

The justices are reviewing whether people convicted before August 3, 2010 of low-level crack cocaine offenses under 21 U.S.C. § 841(b)(1)(C) can seek shorter sentences under Section 404 of the First Step Act. The dispute is whether that conviction counts as a "covered offense" under the law.

The answer could affect people still serving older crack-cocaine sentences imposed before Congress reduced the sentencing gap between crack and powder cocaine. For example, someone sentenced under § 841(b)(1)(C) could either get a chance to ask for a lower sentence or be left out entirely.

No decision window is available yet. Watch for oral argument or another scheduling move from the Court.

The Court is weighing whether convictions under 21 U.S.C. § 841(b)(1)(C) count as a "covered offense" under the First Step Act. That label determines whether these defendants may seek resentencing (a new sentence review).

People convicted before August 3, 2010 of low-level crack offenses under § 841(b)(1)(C) could be affected. A broader reading could let them ask judges for shorter sentences.

The next public milestone is oral argument or another scheduling move from the Supreme Court. The prompt does not provide a decision window yet.