Increasing judicial discretion to sentence less culpable justice-involved individuals

(a) In general Section 3553(e) of title 18, United States Code, is amended— (1) by striking Upon motion and inserting: (1) Motion of the government Upon motion; (2) by striking the second sentence; and (3) by adding at the end the following: (2) Motion of a party or the court The Court, sua sponte, or on the motion of a party, shall have the authority to impose a sentence below a level established by statute as a minimum sentence if the defendant shows that— (A) the defendant did not provide substantial assistance described in paragraph (1) based on a reasonable fear of serious bodily injury (as such term is defined in section 113) to the defendant, an intimate partner, child, or other family member of the defendant; (B) the prosecution fails to demonstrate that the defendant has useful information that could be used by the Government in the investigation or prosecution of another person who has committed an offense; or (C) the defendant has provided substantial assistance described in paragraph (1), but the Government has not made a motion under such paragraph. (3) Sentencing guidelines A sentence under paragraph (1) or (2) shall be imposed in accordance with the guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28, United States Code.. (b) Counterfeit controlled substances Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended by adding at the end the following: (i) In the case of a person who conspires to commit an offense under this title, the type and quantity of the controlled or counterfeit substance for the offense that was the object of the conspiracy shall be the type and quantity involved in— (1) the defendant’s own unlawful acts; and (2) any unlawful act of a co-conspirator that— (A) the defendant agreed to jointly undertake; (B) was in furtherance of that unlawful act the defendant agreed to jointly undertake; and (C) was known to and intended by the defendant.. (c) Counterfeit controlled substances import and export Section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960) is amended by adding at the end the following: (e) In the case of a person who conspires to commit an offense under this title, the type and quantity of the controlled or counterfeit substance for the offense that was the object of the conspiracy shall be the type and quantity involved in— (1) the defendant’s own unlawful acts; and (2) any unlawful act of a co-conspirator that— (A) the defendant agreed to jointly undertake; (B) was in furtherance of that unlawful act the defendant agreed to jointly undertake; and (C) was known to and intended by the defendant..