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1 1 (April 4, 2024)

handle is hein.crs/goveoxq0001 and id is 1 raw text is: Congressional ______ '.Research Service Supreme Court Clarifies Scope of Drug Offense Sentencing Relief Under the First Step Act April 4, 2024 In Pulsifer v. United States, the Supreme Court resolved a question that had divided federal courts of appeals: what is the scope of eligibility for certain federal drug defendants seeking a sentence below a mandatory minimum under the First Step Act? In Pulsifer, the Court adopted the government's preferred reading of the First Step Act, construing the eligibility criteria in a way that limits the universe of federal defendants who may obtain relief from a mandatory minimum sentence for certain drug offenses. This Sidebar examines the Pulsifer case and its implications. It offers a general overview of mandatory minimum sentencing for federal drug crimes; addresses the contents of and justifications for the First Step Act's expansion of the safety valve, which gives federal judges the discretion to disregard a mandatory minimum when imposing a sentence for certain drug crimes; discusses the disagreement among the federal appeals courts as to the eligibility criteria for the safety valve; and examines the Supreme Court's ruling in Pulsifer. The Sidebar closes with considerations for Congress. Mandatory Minimum Sentences for Certain Federal Drug Offenses Congress enacts federal criminal statutes and can also establish the penalties for violations of these statutes. Congress may set mandatory minimum and maximum penalties that form the statutory floor and ceiling, respectively, of permissible federal criminal sentences. Mandatory minimum sentences require judges to impose a term of imprisonment of at least the length specified in the statute, a requirement generally triggered by the offense of conviction and/or the defendant's recidivism. Mandatory minimums have existed throughout American history, with examples stretching as far back as at least 1790. In the context of drug offenses, Congress introduced the first federal mandatory minimum in 1914-a five-year penalty related to the manufacture of opium for purposes of smoking. Congress subsequently enacted other mandatory minimums for drug offenses, such as a 10-year mandatory minimum for selling heroin to juveniles enacted in 1956. In 1970, Congress repealed almost all drug laws, including mandatory minimums for drug crimes. In their place, Congress enacted the Controlled Substances Act (CSA), a comprehensive regulatory regime for Congressional Research Service https://crsreports.congress.gov LSB11145 CRS Legal Sidebar Prepared for Members and Committees of Congress

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