In 2018, Congress enacted the First Step Act (the Act), which along with the Fair Sentencing Act, was a law designed to reduce the disparity between the penalties imposed on people convicted of crimes arising out of the possession and distribution of cocaine powder versus crack. Merely because a court possesses the power to reduce a sentence under the Act, however, does not mean that it is required to do so. This was demonstrated recently in a Florida case in which a defendant appealed the denial of his request for a sentence reduction under the Act. If you are charged with a drug crime, it is critical to understand your rights, and you should confer with a skillful Clearwater drug crime defense lawyer as soon as possible.
The History of the Case
It is reported that the defendant sought a reduction of his sentence pursuant to the Act. The trial court denied his request without conducting a hearing. The defendant appealed, arguing that the trial court’s decision constituted an abuse of discretion. The appellate court disagreed and affirmed the trial court ruling.
Sentence Reductions Under the First Step Act
Federal district courts have no inherent authority to modify or reduce sentences; instead, they may only do so when it is authorized by a statute or rule. For example, the Act explicitly authorizes the district courts to modify criminal sentences in certain circumstances. Prior to the Act, Congress enacted the Fair Sentencing Act, which increased the amount of drugs that would trigger statutory penalties in an effort to reduce the disparity in sentences for crack cocaine and powder cocaine. Continue Reading ›