Sec. 405. Eligibility for resentencing based on changes in law
235 words·~1 min read·
/bill/114/hr/2944/ih/section-405A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3582(c) of title 18, United States Code, is amended— by striking and at the end of paragraph (1); by striking the period at the end of paragraph
(2)and inserting ; and ; and by adding at the end the following: in the case of a defendant who was sentenced to a term of imprisonment for an offense for which the minimum or maximum term of imprisonment was subsequently reduced as a result of the amendments made by the Sensenbrenner-Scott SAFE Justice Reinvestment Act of 2015 , upon motion of the defendant, counsel for the defendant, counsel for the Government, or the Director of the Bureau of Prisons, or, on its own motion, the court may reduce the term of imprisonment consistent with that reduction, after considering the factors set forth in subsections
(a)and
(d)through
(g)of section 3553 to the extent applicable. If the court does grant a sentence reduction, the reduced sentence shall not be less than permitted under current statutory law. If the court denies a motion made under this paragraph, the movant may file another motion under this subsection, not earlier than 5 years after each denial, which may be granted if the offender demonstrates the offender’s compliance with recidivism-reduction programming or other efforts the offender has undertaken to improve the likelihood of successful re-entry and decrease any risk to public safety posed by the defendant’s release. .