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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 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 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 Supreme Court ruled Friday that thousands of low-level drug dealers are ineligible for shortened prison terms under a Trump-era bipartisan criminal justice overhaul. The justices took the case ...
Download as PDF; Printable version; ... Safety valve (law) Sentencing Act of 1987; ... United States Federal Sentencing Guidelines
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 ...
The Sentencing Reform Act allows a departure below the applicable statutory mandatory minimum in such cases. [15] There is no penalty for refusal to assist authorities. The Federal Rules of Criminal Procedure and U.S. Sentencing Guidelines require that the prosecution file a motion allowing the reduction. The court is not required to grant the ...
The FBI did not immediately respond to a request for comment on the defense experts' findings. The U.S. Attorney's Office that handled the case declined to comment.