Sec. 80001. LIMITATION ON APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN CERTAIN CASES
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## SEC. 80001 LIMITATION ON APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN CERTAIN CASES ###
(a)In General Section 3553 of title 18, United States Code, is amended by adding at the end the following new subsection: > > ### “(f) Limitation on Applicability of Statutory Minimums in Certain Cases > > Notwithstanding any other provision of law, in the case of an offense under section 401, 404, or 406 of the Controlled Substances Act (21 U.S.C. 841, 844, 846) or section 1010 or 1013 of the Controlled Substances Import and Export Act (21 U.S.C. 961, 963), the court shall impose a sentence pursuant to guidelines promulgated by the United States Sentencing Commission under section 994 of title 28 without regard to any statutory minimum sentence, if the court finds at sentencing, after the Government has been afforded the opportunity to make a recommendation, that— > > > #### “(1) > > the defendant does not have more than 1 criminal history point, as determined under the sentencing guidelines; > > > #### “(2) > > 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; > > > #### “(3) > > the offense did not result in death or serious bodily injury to any person; > > > #### “(4) > > the defendant was not an organizer, leader, manager, or supervisor of others in the offense, as determined under the sentencing guidelines and was not engaged in a continuing criminal enterprise, as defined in 21 U.S.C. 848; and > > > #### “(5) > > 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.23 > > 23So in law. There is no closing parenthesis.” > ###
(b)Sentencing Commission Authority **[**[28 U.S.C. 994 note](/us/usc/t28/s994)**]** ####
(1)In general #####
(A)The United States Sentencing Commission (referred to in this subsection as the “Commission”), under section 994(a)(1) and
(p)of title 28— ######
(i)shall promulgate guidelines, or amendments to guidelines, to carry out the purposes of this section and the amendment made by this section; and ######
(ii)may promulgate policy statements, or amendments to policy statements, to assist in the application of this section and that amendment. #####
(B)In the case of a defendant for whom the statutorily required minimum sentence is 5 years, such guidelines and amendments to guidelines issued under subparagraph
(A)shall call for a guideline range in which the lowest term of imprisonment is at least 24 months. ####
(2)Procedures If the Commission determines that it is necessary to do so in order that the amendments made under paragraph
(1)may take effect on the effective date of the amendment made by subsection (a), the Commission may promulgate the amendments made under paragraph
(1)in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that section had not expired. ###
(c)Effective Date and Application **[**[18 U.S.C. 3553 note](/us/usc/t18/s3553)**]** The amendment made by subsection
(a)shall apply to all sentences imposed on or after the 10th day beginning after the date of enactment of this Act. # TITLE IX DRUG CONTROL ## Subtitle A Enhanced Penalties and General Provisions
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Sec. 80001
LIMITATION ON APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN CERTAIN CASES
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