The First Step Act What Changed and Who Qualifies for Relief

| by Max Soni

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. We have over 40 years of combined experience defending federal cases, including the Anna Delvey Netflix series case, the Ghislaine Maxwell juror misconduct matter, and the Alec Baldwin stalking prosecution. The First Step Act represents the most significant federal criminal justice reform in decades. Signed into law in December 2018, it changed sentencing rules, expanded early release programs, and made crack cocaine sentencing reforms retroactive. Thousands of federal defendants have received sentence reductions. If you’re serving a federal sentence or facing charges, understanding what the First Step Act changed and whether you qualify for relief matters.

This article explains the First Step Act of 2018 – what it changed, who qualifies for relief, and how to seek reductions.

What the First Step Act Changed

The Act made three major changes to federal sentencing.

Made Fair Sentencing Act reforms retroactive: The Fair Sentencing Act of 2010 reduced the crack-to-powder cocaine sentencing disparity from 100:1 to 18:1. But it only applied prospectively – defendants sentenced before 2010 under the old 100:1 ratio remained in prison serving those sentences. The First Step Act made the Fair Sentencing Act retroactive, allowing defendants sentenced under the old crack guidelines to petition for reductions.

Expanded safety valve eligibility: Before the First Step Act, safety valve required zero or one criminal history point. The Act expanded eligibility to defendants with up to four criminal history points (Category II), with certain restrictions. This opened safety valve to thousands more defendants.

Reformed mandatory minimums: The Act reduced mandatory minimums for certain drug offenses. The “three strikes” mandatory life sentence for third drug convictions became a 25-year mandatory. Enhanced penalties for second drug offenses dropped from 20 years to 15 years. Stacking provisions under 18 U.S.C. § 924(c) for firearms offenses were limited.

Beyond sentencing, the Act expanded good time credits, created new recidivism reduction programs, and reformed prison conditions. But the sentencing changes are what affect most defendants.

Crack Cocaine Sentence Reductions: Section 404

Section 404 allows defendants sentenced for crack cocaine offenses before the Fair Sentencing Act to seek resentencing under current guidelines. If you were sentenced under the old 100:1 ratio, you can petition for reduction under the new 18:1 ratio.

Example: Defendant sentenced in 2008 for 50 grams of crack. Under the old guidelines, that triggered a ten-year mandatory minimum and offense level 32. Under post-Fair Sentencing Act guidelines, 50 grams yields offense level 28 with a five-year mandatory. The difference is years of prison time.

Not everyone qualifies. You must have been convicted of a crack cocaine offense sentenced under the old guidelines. Powder cocaine offenses don’t qualify. Other drug offenses don’t qualify. Only crack.

The reduction isn’t automatic. You must file a motion with the sentencing court. Judges have discretion to grant or deny, considering your conduct in prison, whether you’re a danger to the community, and other § 3553(a) factors. Most courts grant reductions unless post-conviction conduct or other factors weigh against it.

Courts have processed thousands of First Step Act crack reduction motions since 2018. Many defendants have been released or had sentences reduced by years.

Expanded Safety Valve: Who Now Qualifies

Pre-First Step Act, safety valve required zero or one criminal history point – essentially no criminal record. This excluded many low-level drug defendants with minimal but non-zero records.

The Act expanded eligibility to defendants with up to four criminal history points, unless those points came from disqualifying offenses. Disqualifying offenses include: prior three-point offenses (sentences over 13 months), prior two-point violent offenses, and prior drug or gun offenses punishable by more than one year.

So you can have up to four points from minor offenses and still qualify. But if your four points include a prior drug trafficking conviction, you’re disqualified.

This change helps defendants with old minor convictions who face drug mandatory minimums. Previously they were ineligible for safety valve. Now they qualify if their priors don’t fall into disqualifying categories.

Reduced Mandatory Minimums for Drug Offenses

The Act reduced mandatory minimums for defendants with prior drug convictions.

Before the Act, a second drug trafficking conviction after a prior felony drug conviction triggered a 20-year mandatory. The Act reduced this to 15 years. The trigger also became stricter – the prior conviction must be a “serious drug felony” or “serious violent felony,” not just any felony drug conviction.

The “three strikes” provision previously required mandatory life for a third drug conviction. The Act reduced this to a 25-year mandatory.

These changes only apply prospectively to defendants sentenced after the Act’s December 21, 2018 effective date. They’re not retroactive. If you were sentenced before that date, your mandatory minimum doesn’t change unless you qualify for crack cocaine relief under Section 404.

Section 924(c) Stacking Reform

Section 924(c) punishes using firearms during drug trafficking or violent crimes. First offense: five-year consecutive mandatory. Subsequent offenses: 25-year consecutive mandatory.

Courts interpreted “subsequent” to include multiple § 924(c) counts in the same case. Defendant convicted of three § 924(c) counts faced 5 + 25 + 25 = 55 years consecutive, all from one case.

The First Step Act changed this. Now “subsequent” means a conviction in a separate case where judgment was entered before the current offense. Multiple § 924(c) counts in one case all get five-year consecutive sentences, not 25 years for counts two and three.

This change is prospective only, applying to offenses committed after December 21, 2018. But defendants sentenced before that date have challenged their sentences, with mixed results depending on whether their cases were final.

How to Seek Relief Under the First Step Act

For crack cocaine reductions under Section 404, file a motion in the court that sentenced you. No deadline exists – you can file anytime. The motion should argue that under current guidelines your sentence would be lower, you’ve demonstrated rehabilitation, you don’t pose a danger, and § 3553(a) factors support reduction.

Include documentation: prison records showing disciplinary history, certificates from programs completed, letters from family and employers, release plans. Courts want to see you’re not the same person convicted years ago.

Courts appoint counsel in some districts, handle motions pro se in others. Prosecutors file responses supporting or opposing. Courts hold hearings in some cases, decide on papers in others.

For safety valve expansion, this applies at sentencing in current cases. If you’re facing charges and have up to four criminal history points, your attorney should argue you qualify for expanded safety valve. Ensure your prior convictions don’t fall into disqualifying categories.

Judicial Discretion in Granting Relief

Judges have discretion to grant or deny First Step Act motions. The statute says courts “may” reduce sentences, not “shall.”

Courts consider: extent of sentence disparity under old vs. new guidelines, post-conviction conduct, institutional discipline, program participation, danger to the community, likelihood of recidivism, § 3553(a) factors.

Defendants with clean prison records, strong release plans, and large disparities between old and new guidelines typically receive reductions. Defendants with poor institutional conduct, new charges, or who remain dangerous may be denied.

Some courts grant full reductions to the bottom of the new guideline range. Others grant partial reductions. Others deny relief entirely. Outcomes vary by judge, district, and individual circumstances.

Why This Matters to Your Federal Case

If you’re serving a sentence for crack cocaine offenses sentenced before 2010, you likely qualify for relief. If you’re facing drug charges with minor prior record, expanded safety valve might avoid mandatory minimums. If you were sentenced with stacked § 924(c) counts, reforms might help depending on timing.

At Spodek Law Group, we’ve filed hundreds of First Step Act motions since 2018. We know what arguments persuade judges, what evidence to submit, and how to present rehabilitation effectively. Our team includes former federal prosecutors who evaluate these motions from the government’s perspective and know their strategies.

The First Step Act created opportunities for relief. If you’re serving a federal sentence or facing charges, you need attorneys who understand what relief is available and how to pursue it. At Spodek Law Group, we’re ready to help.