Sentencing modifications for certain drug offenses

(a) Controlled Substances Act The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended— (1) in section 102 (21 U.S.C. 802), by adding at the end the following: (61) The term courier means a defendant whose role in the offense was limited to transporting or storing drugs or money.; and (2) in section 401(b)(1) (21 U.S.C. 841(b)(1))— (A) in subparagraph (A), in the flush text following clause (viii)— (i) by striking 10 years or more and inserting 5 years or more; and (ii) by striking 15 years and inserting 10 years; and (B) in subparagraph (B), in the flush text following clause (viii)— (i) by striking 5 years and inserting 2 years; and (ii) by striking not be less than 10 years and inserting not be less than 5 years. (b) Controlled Substances Import and Export Act Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended— (1) in paragraph (1), in the flush text following subparagraph (H)— (A) by inserting, other than a person who is a courier, after such violation; (B) by striking person commits and inserting person, other than a courier, commits; and (C) by inserting If a person who is a courier commits such a violation, the person shall be sentenced to a term of imprisonment of not less than 5 years and not more than life. If a person who is a courier commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final, the person shall be sentenced to a term of imprisonment of not less than 10 years and not more than life. before Notwithstanding section 3583; and (2) in paragraph (2), in the flush text following subparagraph (H)— (A) by inserting, other than a person who is a courier, after such violation; (B) by striking person commits and inserting person, other than a courier, commits; and (C) by inserting If a person who is a courier commits such a violation, the person shall be sentenced to a term of imprisonment of not less than 2 years and not more than life. If a person who is a courier commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final, the person shall be sentenced to a term of imprisonment of not less than 5 years and not more than life. before Notwithstanding section 3583. (c) Applicability to Pending and Past Cases (1) Definition In this subsection, the term covered offense means a violation of a Federal criminal statute, the statutory penalties for which were modified by this section. (2) Pending cases This section, and the amendments made by this section, shall apply to any sentence imposed after the date of enactment of this Act, regardless of when the offense was committed. (3) Past cases In the case of a defendant who, before the date of enactment of this Act, was convicted or sentenced for a covered offense, the sentencing court may, on motion of the defendant, the Bureau of Prisons, the attorney for the Government, or on its own motion, impose a reduced sentence after considering the factors set forth in section 3553(a) of title 18, United States Code.