Sec. 4. Limitation on application of the 10-year mandatory minimum
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Section 3553 of title 18, United States Code, as amended by section 3, is further amended by adding at the end the following: Notwithstanding any other provision of law, in the case of a conviction under section 401 or 406 of the Controlled Substances Act (21 U.S.C. 841 and 846) or section 1010 or 1013 of the Controlled Substances Import and Export Act (21 U.S.C. 960 and 963) for which the statutory minimum term of imprisonment is 10 years, the court may impose a sentence as if the statutory minimum term of imprisonment was 5 years, if the court finds at sentencing, after the Government has been afforded the opportunity to make a recommendation, that— the defendant does not have a prior conviction for a serious drug felony or serious violent felony as defined in paragraphs
(57)and (58), respectively, of section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ) that was made final prior to the commission of the instant offense; the defendant did not use violence or credible threats of violence or possess a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense, and the offense did not result in death or serious bodily injury to any person; the defendant did not play an enhanced role in the offense by acting as an organizer, leader, manager, or supervisor of other participants in the offense, as determined under the sentencing guidelines, or by exercising substantial authority or control over the criminal activity of a criminal organization, regardless of whether the defendant was a member of such organization; the defendant did not act as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer of the controlled substances involved in the offense or engage in a continuing criminal enterprise, as defined in section 408 of the Controlled Substances Act ( 21 U.S.C. 848 ); the defendant did not distribute a controlled substance to or with a person under 18 years of age; and not later than the time of the sentencing hearing, the defendant has truthfully provided to the Government all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the defendant has no relevant or useful other information to provide or that the Government is already aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement. As used in subsection
(i)of this section— the term importer, exporter, or high-level distributor or supplier — means a defendant who imported, exported, or otherwise distributed or supplied large quantities of a controlled substance to other drug distributors; and does not include a defendant whose role was limited to transporting drugs or money at the direction of others; the term manufacturer means a defendant who grew, produced, or manufactured a controlled substance and was the principal owner of such controlled substance; and the term wholesaler means a defendant who sold non-retail quantities of a controlled substance to other dealers or distributors. . The amendment made by this section shall apply only to a conviction entered on or after the date of enactment of this Act.
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Sec. 4
Limitation on application of the 10-year mandatory minimum
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