Application of First Step Act

(a) Definitions In this section— (1) the term covered offense means— (A) a violation of a Federal criminal statute, the statutory penalties for which were modified by section 401 or 403 of the First Step Act of 2018 (Public Law 115–391; 132 Stat. 5220), that was committed on or before December 21, 2018; or (B) a violation of a Federal criminal statute, the statutory penalties for which are modified by subsection (b) of this section; and (2) the term serious violent felony has the meaning given that term in section 102 of the Controlled Substances Act (21 U.S.C. 802). (b) Amendments (1) In general (A) Controlled Substances Act Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) is amended— (i) in paragraph (1)— (I) in subparagraph (C), by striking felony drug offense and inserting serious drug felony or serious violent felony; (II) in subparagraph (D), by striking felony drug offense and inserting serious drug felony or serious violent felony; and (III) in subparagraph (E)(ii), by striking felony drug offense and inserting serious drug felony or serious violent felony; (ii) in paragraph (2), by striking felony drug offense and inserting serious drug felony or serious violent felony; and (iii) in paragraph (3), by striking felony drug offense and inserting serious drug felony or serious violent felony. (B) Controlled Substances Import and Export Act Section 1010(b)(3) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(3)) is amended by striking felony drug offense and inserting serious drug felony or serious violent felony. (2) Pending cases This subsection, and the amendments made by this subsection, shall apply to any sentence imposed on or after the date of enactment of this Act, regardless of when the offense was committed. (c) 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 401 and 403 of the First Step Act of 2018 (Public Law 115–391; 132 Stat. 5220) and the amendments made by subsection (b) of this section were in effect at the time the covered offense was committed if, after considering the factors set forth in section 3553(a) of title 18, United States Code, the nature and seriousness of the danger to any person, the community, or any crime victims, and the post-sentencing conduct of the defendant, the sentencing court finds a reduction is consistent with the amendments made by section 401 or 403 of the First Step Act of 2018 (Public Law 115–391; 132 Stat. 5220) or with the amendments made by subsection (b) of this section. (d) Crime victims Any proceeding under this section shall be subject to section 3771 of title 18, United States Code (commonly known as the Crime Victims' Rights Act). (e) Requirement For each motion filed under subsection (c), the Government shall conduct a particularized inquiry of the facts and circumstances of the original sentencing of the defendant in order to assess whether a reduction in sentence would be consistent with the First Step Act of 2018 (Public Law 115–391; 132 Stat. 5194) and the amendments made by that Act, including a review of any prior criminal conduct or any other relevant information from Federal, State, and local authorities.