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DOJ reconsiders position on reduced sentences for low-level crack offenders

March 16, 2021

Via: Jurist

In a notice submitted to the US Supreme Court on Monday, acting Solicitor General Elizabeth Prelogar stated that the US Department of Justice (DOJ) has reconsidered its position with regard to whether possession of a small amount of cocaine base with intent to distribute constitutes a “covered offense” under Section 404 of the First Step Act of 2018.

In January the court granted certiorari in Terry v. United States. Federal public defender Michael Caruso argued in his petition that the case should be heard because of the circuit split regarding the interpretation of what constitutes a “covered offense” under the First Step Act.

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