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Code · BILL · 117th Congress · H.R. 5455 (Introduced in House) — To amend the First Step Act of 2018 to permit defendants convicted of certain offenses to be eligible for reduced sen... · Sec. 3

Sec. 3. Application of Fair Sentencing Act of 2010

315 words·~1 min read·/bill/117/hr/5455/ih/section-3

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Section 404 of the First Step Act of 2018 ( 21 U.S.C. 841 note) is amended— in subsection (a)— by striking and inserting the following: offense means offense — means ; by striking the period at the end and inserting ; and ; and by adding at the end the following: includes a violation, involving cocaine base, of— section 3113 of title 5, United States Code; section 401(b)(1)(C) of the Controlled Substances Act ( 21 U.S.C. 841(b)(1)(C) ); section 404(a) of the Controlled Substances Act ( 21 U.S.C. 844(a) ); section 406 of the Controlled Substances Act ( 21 U.S.C. 846 ); section 408 of the Controlled Substances Act ( 21 U.S.C. 848 ); subsection
(b)or
(c)of section 409 of the Controlled Substances Act ( 21 U.S.C. 849 ); subsection
(a)or
(b)of section 418 of the Controlled Substances Act ( 21 U.S.C. 859 ); subsection (a), (b), or
(c)of section 419 of the Controlled Substances Act ( 21 U.S.C. 860 ); section 420 of the Controlled Substances Act ( 21 U.S.C. 861 ); section 1010(b)(3) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960(b)(3) ); section 1010A of the Controlled Substances Import and Export Act ( 21 U.S.C. 960a ); section 90103 of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12522 ); section 70503 or 70506 of title 46, United States Code; or any attempt, conspiracy or solicitation to commit an offense described in subparagraphs
(A)through (M). ; and in subsection (c), by inserting A motion under this section that was denied after a court determination that a violation described in subsection (a)(2) was not a covered offense shall not be considered a denial after a complete review of the motion on the merits within the meaning of this section. after the period at the end of the second sentence.
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