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The safety valve is a provision in the Sentencing Reform Act and the United States Federal Sentencing Guidelines that authorizes a sentence below the statutory minimum for certain nonviolent, non-managerial drug offenders with little or no criminal history.
The bills were worked on to merge the language of the Smarter Sentencing Act (H.R. 3382/S. 1410) and the Justice Safety Valve Act (H.R. 1695/S. 619) along with a new bill, S. 1783 the Federal Prison Reform Act of 2013, introduced by John Cornyn (R-TX). In October, 2013, both bills were still in committee. [2]
The federal sentencing statute, 18 U.S.C. 3553, contains a provision known as a "safety valve". The safety valve, located at § 3553(f), requires the trial courts to sentence qualifying defendants according to the Federal Sentencing Guidelines, regardless of any statutory minimum sentences. Criteria for qualification are listed in § 3553(f)(1 ...
The Guidelines are the product of the United States Sentencing Commission, which was created by the Sentencing Reform Act of 1984. [3] The Guidelines' primary goal was to alleviate sentencing disparities that research had indicated were prevalent in the existing sentencing system, and the guidelines reform was specifically intended to provide for determinate sentencing.
The exception to this rule occurs when the court determines that such use would violate the ex post facto clause of the Constitution – in other words, if the sentencing guidelines have changed so as to increase the penalty "after the fact", so that the sentence is more severe on the sentencing date than was established on the date that the ...
A man accused of attacking a Colorado reporter after questioning whether he was a citizen and saying “This is Trump’s America now” has had mental health issues for years, his lawyer said.
A criminal defendant facing a mandatory minimum sentence is eligible for safety-valve relief under 18 U.S.C. § 3553(f)(1) only if the defendant satisfies each of the provision’s three conditions. Lindke v. Freed: 22–611: March 15, 2024
The "passivity" agreement FDIC wants BlackRock to sign is designed to assure bank regulators that the giant money manager will remain a "passive" owner of an FDIC-supervised bank and won’t exert ...