Sec. 2. Reduce and restrict enhanced sentencing for prior drug felonies
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The Controlled Substances Act ( 21 U.S.C. 801 et seq. ) is amended— in section 102 ( 21 U.S.C. 802 ), by adding at the end the following: The term serious drug felony means an offense described in section 924(e)(2)(A) of title 18, United States Code, for which the offender served a term of imprisonment of more than 12 months. The term serious violent felony means an offense— described in section 3559(c)(2)(F) of title 18, United States Code, for which the offender served a term of imprisonment of more than 12 months; or that would be a felony violation of section 113 of title 18, United States Code, if the offense were committed in the special maritime and territorial jurisdiction of the United States, for which the offender served a term of imprisonment of more than 12 months. ; in section 401(b)(1) ( 21 U.S.C. 841(b)(1) )— in subparagraph (A), in the flush text following clause (viii)— by striking If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment which may not be less than 20 years and inserting the following:
If any person commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final, such person shall be sentenced to a term of imprisonment of not less than 15 years ; and by striking after two or more prior convictions for a felony drug offense have become final, such person shall be sentenced to a mandatory term of life imprisonment without release and inserting the following: after 2 or more prior convictions for a serious drug felony or serious violent felony have become final, such person shall be sentenced to a term of imprisonment of not less than 25 years ; and in subparagraph (B), in the flush text following clause (viii), by striking If any person commits such a violation after a prior conviction for a felony drug offense has become final and inserting the following:
If any person commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final ; and by adding at the end of section 401(b) ( 21 U.S.C. 841(b) ) the following: In the case of a violation of subsection (a), if the mixture or substance containing a detectable amount of heroin also contains a detectable amount of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] propanamide or any analogue of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] propanamide, then a court shall, in addition to the term of punishment for the violation of this section, impose a term of imprisonment not to exceed 5 years, which shall not run concurrently with any term of imprisonment imposed on the person under any other provision of law.
In the case of a violation of subsection (a), if the mixture or substance containing a detectable amount of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] propanamide or any analogue of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] propanamide was represented to be or sold as heroin, then a court shall , in addition to the term of punishment for the violation of this section, impose a term of imprisonment not to exceed 5 years, which shall not run concurrently with any term of imprisonment imposed on the person under any other provision of law. .
Section 1010(b) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960(b) ) is amended— in paragraph (1), in the flush text following subparagraph (H), by striking If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not less than 20 years and inserting If any person commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final, such person shall be sentenced to a term of imprisonment of not less than 15 years ; in paragraph (2), in the flush text following subparagraph (H), by striking felony drug offense and inserting serious drug felony or serious violent felony ; and by adding at the end the following:
In the case of a violation of subsection (a), if the mixture or substance containing a detectable amount of heroin also contains a detectable amount of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] propanamide or any analogue of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] propanamide, then a court shall— not impose a term of probation; in addition to the term of punishment for the violation of this section, impose a term of imprisonment not to exceed 5 years; and no term of imprisonment imposed on a person under subparagraph
(B)shall run concurrently with any term of imprisonment imposed on the person under any other provision of law. In the case of a violation of subsection (a), if the mixture or substance containing a detectable amount of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] propanamide or any analogue of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] propanamide was represented to be or sold as heroin, then a court shall— not impose a term of probation; in addition to the term of punishment for the violation of this section, impose a term of imprisonment not to exceed 5 years; and no term of imprisonment imposed on a person under subparagraph
(B)shall run concurrently with any term of imprisonment imposed on the person under any other provision of law. . 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. In the case of a defendant (other than a defendant with a prior conviction for a qualifying serious violent felony) who, before the date of enactment of this Act, was convicted of an offense for which the penalty is amended by this section and who 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. In this paragraph the term qualifying serious violent felony means an offense that— is a serious violent felony as that term is defined in section 102(58) of the Controlled Substances Act; and carries 3 or more criminal history points as determined under the United States Sentencing Guidelines.
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Sec. 2
Reduce and restrict enhanced sentencing for prior drug felonies
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