Sec. 5. Clarification of section 924(c) of title 18, United States Code
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c ) of title 18, United States Code Section 924(c)(1)(C) of title 18, United States Code, is amended— in the matter preceding clause (i), by striking second or subsequent conviction under this subsection and inserting violation of this subsection that occurs after a prior conviction under this subsection or under State law for a crime of violence that contains as an element of the offense the carrying, brandishing, or use of a firearm has become final ; and in clause (i), by striking not less than 25 years and inserting not less than 15 years .
This section, and the amendments made by this section, shall apply to any offense that was committed before the date of enactment of this Act, if a sentence for the offense has not been imposed as of such date of enactment. Except as provided in subparagraph (B), in the case of a defendant who, before the date of enactment of this Act, was convicted of an offense for which the penalty is amended by this section and was sentenced to a term of imprisonment for the offense, the sentencing court may, on motion of the defendant or the Director of the Bureau of Prisons, or on its own motion, upon prior notice to the Government, reduce the term of imprisonment for the offense, after considering the factors set forth in section 3553(a) of title 18, United States Code, the nature and seriousness of the danger to any person or the community, and the post-sentencing conduct of the defendant, if such a reduction is consistent with this section and the amendments made by this section.
Subparagraph
(A)does not apply in the case of an offense affected by the amendment made in subsection (a)(2) with regard to a defendant who has a prior conviction for a serious violent felony, as defined in section 102(58) of the Controlled Substances Act.