The US Supreme Court held on Monday that sentence reduction under the First Step Act is available only if an offender’s prior conviction for a crack cocaine offense triggered a mandatory minimum sentence.
In an opinion written by Justice Clarence Thomas, the court determined that:
an offender is eligible for a sentence reduction under the First Step Act only if he previously received a sentence for a covered offense. The act defines “covered offense” as “a violation of a Federal criminal statute, the statutory penalties for which were modified by” certain provisions in the Fair Sentencing Act.
Because the third tier “did not carry a mandatory minimum sentence, did not treat crack and powder cocaine offenses differently, and did not depend on drug quantity,” and thus did not qualify as previously receiving a sentence for a covered offense under the act, the court found that third-tier offenders were not eligible for resentencing under the act.
Justice Sonia Sotomayor filed an opinion concurring in part and concurring in the judgment.
