Sec. 404. APPLICATION OF FAIR SENTENCING ACT
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## SEC. 404 APPLICATION OF FAIR SENTENCING ACT **[**[21 U.S.C. 841 note](/us/usc/t21/s841)**]** ###
(a)Definition of Covered Offense 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. ###
(b)Defendants Previously Sentenced 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. ###
(c)Limitations No court shall entertain a motion made under this section to reduce a sentence if the sentence was previously imposed or previously reduced 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 previous motion made under this section to reduce the sentence was, after the date of enactment of this Act, denied after a complete review of the motion on the merits. Nothing in this section shall be construed to require a court to reduce any sentence pursuant to this section. # TITLE V SECOND CHANCE ACT OF 2007 REAUTHORIZATION
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- Pub. L. 111-220
- 124 Stat. 2372
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