Supreme Court Narrows Trump’s First Step Act in 6-3 Vote

But three justices say the ruling denies “thousands” of people in the federal criminal justice system a chance at a reduced sentence.

The Supreme Court ruled 6–3 against a man convicted of felony distribution of methamphetamine, a move that seems likely to frustrate the efforts of many federal prison inmates who seek to reduce their sentences under the Trump-era First Step Act.

The issue in the case was whether Mark Pulsifer had to receive a mandatory 15-year prison term or if he could avail himself of a so-called safety valve provision in the statute that would allow him a chance at receiving a lesser sentence.

The Supreme Court found the safety valve provision didn’t apply to Mr. Pulsifer’s case.

The March 15 majority opinion (pdf) in Pulsifer v. United States was written by liberal Justice Elena Kagan, but it was joined by conservative Chief Justice John Roberts, along with conservative Justices Clarence Thomas, Samuel Alito, Brett Kavanaugh, and Amy Coney Barrett.

Conservative Justice Neil Gorsuch filed a dissenting opinion, which was joined by liberal Justices Sonia Sotomayor and Ketanji Brown Jackson.

The First Step Act, a bipartisan measure approved by Congress and signed by then-President Donald Trump in 2018, reformed aspects of the criminal justice system, making it easier for the courts to reduce penalties for nonviolent drug offenders.

At the time he signed the law, President Trump said it constituted “an incredible moment” for “criminal justice reform.” He singled out the sentencing reforms included in it, saying, “Americans from across the political spectrum can unite around prison reform legislation that will reduce crime while giving our fellow citizens a chance at redemption, so if something happens and they make a mistake, they get a second chance at life.”

Under the safety valve provision of the statute, judges are allowed to ignore mandatory minimum sentences when defendants convicted of nonviolent drug offenses present only a limited criminal history. In such cases, judges can follow the more lenient established sentencing guidelines instead.

The provision includes three requirements related to the person’s criminal track record.

The justices considered whether defendants cease to qualify for the safety valve if they meet only one of the criteria, or if they are required to satisfy all three. Point values are assigned to offenses.

Defendants are eligible if they do not have a lengthy criminal history, a previous serious offense, “and” a previous violent offense.

The petitioner, Mr. Pulsifer, entered a guilty plea in federal district court in Iowa to one count of distributing 50 grams or more of methamphetamine, contrary to federal law. Because he was previously convicted of a serious drug felony, the statutory minimum penalty for the new offense was 15 years imprisonment.

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