Plain-English summary
Rules First Step Act’s sentence reductions apply only when prior sentences remain in place
The Court held that the First Step Act’s §403(b) applies only when a defendant’s prior sentence “has . . . been imposed” and remains extant (not vacated). As a result, defendants whose earlier §924(c) convictions were vacated cannot rely on §403(b) to trigger the Act’s lower mandatory minimums for later convictions.
Why this matters
The decision determines who can benefit from the First Step Act’s lowered mandatory minimums for certain drug and firearm offenses. It narrows the government’s ability to use previously imposed—but later vacated—§924(c) sentences to keep higher mandatory sentences in place. That affects resentencing and future prosecutions for people with vacated prior convictions.
Who may feel it
- Federal defendants with multiple convictions involving 18 U.S.C. §924(c)
- People whose prior federal convictions or sentences have been vacated
- Federal prosecutors and sentencing judges
- Defense attorneys handling resentencing or successive prosecutions
- Individuals and advocates concerned with criminal sentencing reform
Key questions
- Does the First Step Act’s §403(b) provision apply when a defendant’s earlier sentence has been vacated?