Sec. 5848. Elimination of sentencing disparity for cocaine offenses
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The following provisions of the Controlled Substances Act ( 21 U.S.C. 801 et seq. ) are repealed: Clause
(iii)of section 401(b)(1)(A) ( 21 U.S.C. 841(b)(1)(A) ). Clause
(iii)of section 401(b)(1)(B) ( 21 U.S.C. 841(b)(1)(B) ). The following provisions of the Controlled Substances Import and Export Act ( 21 U.S.C. 951 et seq. ) are repealed: Subparagraph
(C)of section 1010(b)(1) ( 21 U.S.C. 960(b)(1) ). Subparagraph
(C)of section 1010(b)(2) ( 21 U.S.C. 960(b)(2) ). This section, and the amendments made by this subsection, shall apply to any sentence imposed after the date of enactment of this section, regardless of when the offense was committed. In the case of a defendant who, on or before the date of enactment of this section, was sentenced for a Federal offense described in clause (ii), the sentencing court may, on motion of the defendant, the Bureau of Prisons, the attorney for the Government, or on its own motion, impose a reduced sentence after considering the factors set forth in section 3553(a) of title 18, United States Code. A Federal offense described in this clause is an offense that involves cocaine base that is an offense under one of the following: Section 401 of the Controlled Substances Act ( 21 U.S.C. 841 ). Section 1010 of the Controlled Substances Import and Export Act ( 21 U.S.C. 960 ). Section 404(a) of the Controlled Substances Act ( 21 U.S.C. 844(a) ). Any other Federal criminal offense, the conduct or penalties for which were established by reference to a provision described in subclause (I), (II), or (III). Notwithstanding Rule 43 of the Federal Rules of Criminal Procedure, the defendant is not required to be present at any hearing on whether to impose a reduced sentence pursuant to this subparagraph. A court may not consider a motion made under this subparagraph to reduce a sentence if the sentence was previously imposed or previously reduced in accordance with this section. Nothing in this subparagraph may be construed to require a court to reduce a sentence pursuant to this subparagraph. The budgetary effects of this section, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this section, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
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Sec. 5848
Elimination of sentencing disparity for cocaine offenses
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