Terry v. U.S.

In light of the clear text, we hold that §2(a) of the Fair Sentencing Act modified the statutory penalties only for subparagraph (A) and (B) crack offenses—that is, the offenses that triggered mandatory-minimum penalties.

Petitioner sought a sentence reduction for his 2008 crime of intent to distribute crack cocaine under the First Step Act which narrowed the mandatory minimum sentences between crack cocaine offenses and power cocaine offenses. Petitioner’s offense involved four grams of crack-cocaine which did not trigger a higher mandatory minimum when he was sentenced. An offender is eligible for a sentence reduction under the First Step Act only if he has received a sentence for “a covered offense” meaning an offense modified by the Fair Sentencing Act. The Fair Sentencing Act did not modify the statutory penalties assigned on Petitioner’s offense. Petitioner, if charged with the same conduct after passage of the Fair Sentencing Act after 2010, would face the exact same penalties. In light of the clear text, [the Court held] that §2(a) of the Fair Sentencing Act modified the statutory penalties only for subparagraph (A) and (B) crack offenses—that is, the offenses that triggered mandatory-minimum penalties. Therefore, Petitioner is not eligible for sentence reduction. AFFIRMED.