On June 14, 2021, the Supreme Court issued its decision in Terry v. United States. Petitioner Tarahrick Terry plead guilty to possession of crack cocaine in 2008. Following the passage of the First Step Act in 2018, petitioner requested resentencing. The First Step Act makes the 2010 Fair Sentencing Act’s downward sentence modification for certain crack cocaine convictions retroactive. The Court found that since Terry’s initial crack cocaine conviction did not trigger a mandatory minimum, it was not modified by the Fair Sentencing Act. As a result, the First Step Act does not apply and Terry’s request for retroactive resentencing was properly denied.

Featuring:
Vikrant P. Reddy, Senior Research Fellow, Charles Koch Institute


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