Sec. 7. Application of Fair Sentencing Act

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In this section, the term covered offense means a violation of a Federal criminal statute, the statutory penalties for which were modified by section 2 or 3 of the Fair Sentencing Act of 2010 ( Public Law 111–220 ; 124 Stat. 2372), that was committed before August 3, 2010. A court that imposed a sentence for a covered offense, may, on motion of the defendant, the Director of the Bureau of Prisons, the attorney for the Government, or the court, impose a reduced sentence as if sections 2 and 3 of the Fair Sentencing Act of 2010 ( Public Law 111–220 ; 124 Stat. 2372) were in effect at the time the covered offense was committed.

No court shall entertain a motion made under this section to reduce a sentence if the sentence was imposed or reduced to a sentence greater than the applicable mandatory minimum in accordance with the amendments made by sections 2 and 3 of the Fair Sentencing Act of 2010 ( Public Law 111–220 ; 124 Stat. 2372), or if a motion made pursuant to section 2 or 3 of the Fair Sentencing Act or under this section was denied by a court because a reduction in the defendant’s term of imprisonment would pose a danger to any person or the community or was denied by a court because of the defendant’s post-sentencing conduct.

Nothing in this section shall require a court to reduce any sentence pursuant to this section.

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Pub. L. 111-220
124 Stat. 2372

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Sec. 7

Application of Fair Sentencing Act

Pub. L.Pub. L. 111-220

Stat.124 Stat. 2372

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