Term: 2020
Docket: 20-5904
Terry v. United States
- Pro
20-5904 TERRY V. UNITED STATES DECISION BELOW: 828 Fed.Appx. 563 ORDER OF MARCH 19, 2021 THE CASE IS REMOVED FROM THE CALENDAR FOR THE APRIL 2021 ARGUMENT SESSION. ADAM K. MORTARA, ESQUIRE, OF CHICAGO, ILLINOIS, IS INVITED TO BRIEF AND ARGUE THIS CASE, AS AMICUS CURIAE, IN SUPPORT OF THE JUDGMENT BELOW. THE CASE WILL BE RESCHEDULED FOR ARGUMENT THIS TERM. CERT. GRANTED 1/8/2021 QUESTION PRESENTED: Section 404 of the First Step Act of 2018 made the Fair Sentencing Act of 2010 retroactive. Section 404 authorized federal district courts to impose a reduced sentence for anyone with a “covered offense.” Pub. L. No. 115-391, 132 Stat. 5194, § 404(b). Congress defined a “covered offense” as “a violation of a Federal criminal statute, the statutory penalties for which were modified by section 2 or 3 of the Fair Sentencing Act of 2010 . . . that was committed before August 3, 2010.” § 404(a). Section 2 of the Fair Sentencing Act of 2010 modified 21 U.S.C. § 841 by raising the crack-cocaine quantities that determine three tiers of penalties in 21 U.S.C. § 841(b)(1). For the top-tier range of 10-years-to-life in § 841(b)(1)(A), Section 2 raised the threshold from 50 to 280 grams of crack. And, for the mid-tier range of 5-to-40- years in § 841(b)(1)(B), Section 2 raised the threshold from 5 to 28 grams of crack. The bottom-tier range of 0-to-20-years in § 841(b)(1)(C) applies to offenses not subject to the top- or mid-tier ranges in §§ 841(b)(1)(A) or (b)(1)(B). Section 2 of the Fair Sentencing Act did not modify the text of § 841(b)(1)(C). But by raising the quantity threshold in § 841(b)(1)(B)(iii) from 5 grams to 28 grams of crack, it had the effect of increasing § 841(b)(1)(C)’s upper boundary from 5 grams to 28 grams of crack. The question presented is: Whether pre-August 3, 2010 crack offenders sentenced under 21 U.S.C. § 841(b)(1)(C) have a “covered offense” under Section 404 of the First Step Act.1 1 This question is also presented in Birt v. United States, Sup. Ct. No. 20-291 (pet. for cert. filed Sept. 1, 2020). LOWER COURT CASE NUMBER: 20-10482
In the 2020 case Terry v. United States, the Supreme Court was asked to decide whether a provision of federal law that reduces certain drug-related sentences should apply to low-level crack cocaine offenses. The petitioner, Tarahrick Terry, had been convicted in 2008 for possession with intent to distribute a small amount of crack cocaine and was sentenced under mandatory minimum guidelines which have since been recognized as disproportionately harsh. In 2018, Congress passed the First Step Act reducing penalties for certain nonviolent drug offenses but did not specify if this applied retroactively to those already serving time. The court ruled against Terry in a unanimous decision stating that only those offenders who were subject to longer sentence requirements due their criminal history or quantity of drugs involved are eligible for sentence reductions under the First Step Act.
In the dissenting opinion for Terry v. United States, Justice Clarence Thomas argued that the majority's interpretation of the First Step Act was too narrow and failed to consider its broader implications. He contended that Congress intended to provide relief for all low-level offenders sentenced under harsh crack cocaine laws, not just those convicted of possessing large amounts. By limiting retroactive sentence reductions only to those who committed serious drug offenses, he believed the Court ignored Congress' intent to rectify past injustices in sentencing disparities between crack and powder cocaine offenses. Furthermore, he criticized the majority's reliance on statutory text as overly rigid and failing to account for legislative history or purpose behind such law reforms.
