1. FIRST STEP ACT
ONE STEP AT A TIME

2. Mandatory Minimums
Amends 21 USC §841 (Sec. 410, pp )

3. What does it do? When is it effective?
Decreases mandatory minimums under 21 U.S.C. 841(b)(1)(A)
Adds serious violent felonies as predicates to (b)(1)(A) & (B)
Defines serious drug felonies & serious violent felonies
What does it do? When is it effective?
Applies to any offense that was committed before December 21, 2018, if a sentence had not been imposed by December 21.
Practice notes:
These are the cases where a notice is required under 21 USC 851
It does not apply to offenses committed before December 21 if the sentence would be greater; ex post facto; addition of serious violent felonies could lead to an increase in the sentence.

4. Mandatory Minimums in 18 USC §(b)(1)(A)
Decreases mandatory minimum from 20 years to 15 years for those with 1 prior serious drug felony or prior serious violent felony
Decreases mandatory minimum from life to 25 years for those with 2 prior serious drug felonies or serious violent felonies
Mandatory Minimums in 18 USC §(b)(1)(A)
Practice Tip:
There was no decrease in the mandatory minimums in (b)(1)(B)

5. Definitions Serious drug felonies described in 18 U.S.C. 924(e)(2),
served a term of imprisonment more than 12 months, and
was released within 15 years of the commencement of the instant offense.
Definitions
18 USC 924(e)(2) Same definition as for ACC
Served a sentence if imprisonment more than 12 months- Importance of getting the records.
1. an offense under the Controlled Substances Act (21 USC 801 et seq), the Controlled Susbtances Import and Export Act or chapter 705 of title 46 for which a maximum term of imprisonment of ten years or more is prescribed by law or
ii an offense under State law, involving manufacturing, distributing or possessing with intent to manufacture or distribute, a controlled substance for a maximum term of imprisonment of ten years or more is prescribed by law

6. Definitions Serious violent felonies:
described in 18 USC 3559(c)(2) or any assault which would be a felony violation of 18 USC 113 and
served a term of imprisonment of more than 12 months.
Offenses described in 3559(c)(2) include:
a federal or state offense of murder, manslaughter (not involuntary), assault with intent to commit murder, assault with intent to commit rape, aggravated sexual abuse and sexual abuse, abusive sexual contact, kidnapping, aircraft piracy, robbery as described in sections 2111, 2113, or 2118), carjacking, extortion, arson, firearms use, firearms possession as described in 924(c), attempt or conspiracy or solicitation to commit above and any other offense punishable by a maximum term of 10 years or more that has as an element the use, attempted use, or threatened use of physical force against the person of another or that, by its nature, involves a substantial risk that physical force against the person of another may be used in the course of committing the offense.
Definitions

7. Safety Valve
(Sec. 402, pp )

8. What does it do? When is it effective?
Amends 18 U.S.C. §3553 to expand the existing safety valve.
What does it do? When is it effective?
Applies to convictions entered on or after the date of enactment, December 21,
What is the date of a conviction?
Case law
Position of Probation and USAO

9. Definitions Safety valve applies if the defendant does not have:
More than 4 criminal history points, excluding any criminal history points resulting from a 1-point offense, as determined under the sentencing guidelines;
A prior 3-point offense, as determined under the sentencing guidelines;
A prior 2-point violent offense, as determined under the sentencing guidelines
Sections 2, 3, 4, and 5 of 18 U.S.C. §3553 remain the same.
Addition of “Information disclosed by a defendant under this subsection may not be used to enhance the sentence of the defendant unless the information relates to a violent offense.”
Definitions
I pondered the safety valve language at great length over the break.  If I am honest, I have to say that I think Congress means that anyone with more than 4 crim history points (of whatever kind) OR who has a 2-point violent offense, OR who has a three-point offense of any kind, is ineligible. 
BUT because it is written in the negative (“defendant does not have”) followed by a list using the conjunction AND, it doesn’t actually say what Congress likely meant.  Grammatically, it says that only a person who has all three conditions is ineligible.    Or to put it the way it is written, is eligible if s/he does not have X, Y, and Z (all three).   A person is eligible if he does not have four crim history points AND a 2-point violent offense AND a three-point offense. 
Since that’s where my mind went, I am extra curious about how you get 8 crim history points?   I think you mean that a person with 8 criminal history points who does not have a 2-point violent offense is eligible.  Right?  And a person with 8 criminal history points, none of them 3 pointers, but who has a 2-point violent offense, is eligible.  Because not all three conditions are met.  Right? 
I actually did some research on this grammatical question a few days ago, out of curiosity, and found support for this reading.  But there is also some suggestion that a court will interpret the AND to mean OR when to read it as AND would be contrary to clear congressional intent.  I can send you all of that if you want.

10. Definition of a violent offense: “As used in this section the term ‘violent offense’ means a crime of violence as defined in section 16 that is punishable by imprisonment.”
18 USC 16(a)- an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another.
18 USC 16(b) which says “any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense” was found unconstitutional by Dimaya.
More on Safety Valve
Don’t forget that USSG §2D1.1(b)(18) provides for a two level reduction.
If a plea was entered before the enactment of the statute but the client has not been sentenced, you might try to withdraw the plea. See the following cases:
Traversa Case No. 2:15-cr CW (District of Utah)
USA v. Molinar, 2015 WL
There may be an argument that there is no longer a 24-month minimum.

11. Fair Sentencing Act
Sec. 404, pp

12. What did it do? When is it effective?
The Fair Sentencing Act of 2010 which became effective August 3, 2010, changed the amounts needed to trigger mandatory minimums for punishment of crack cocaine offenses. It reduced the statutory 100-to-1 drug quantity ratio of crack to powder cocaine to 18 to 1, but it was not retroactive. The trigger amounts moved from 5 grams to 28 grams for a 10 year mandatory minimum and from 50 grams to 280 grams for a 10 year mandatory minimum. The FSA, also, eliminated a mandatory minimum for simple possession.
What did it do? When is it effective?
The Fair Sentencing Act is now retroactive. A court may impose a reduced sentence as if the FSA were in effect at the time the covered offense was committed.
The term ‘‘covered offense’’ is defined 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, Pub. L. No. 111–220, 124 Stat “First Step Act of 2018,” S. 756, 115th Cong. tit. IV, § 404(a) (2018).

13. Definitions and Other Guidance
The term ‘‘covered offense’’ is defined 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, Pub. L. No. 111–220, 124 Stat “First Step Act of 2018,” S. 756, 115th Cong. tit. IV, § 404(a) (2018).
Relief is not available if there has previously been a Fair Sentencing Act Reduction.
Nor is relief available if there was a denial after “a complete review of the motion on the merits.
Courts are not required to grant a reduction.
Definitions and Other Guidance
Make motions under Section 404 of the First Step Act of Do not move under 18 USC 3582 or USSG 1B1.10.
The court must consider the motion unless the sentenced had previously been reduced under the FSA or denied under the First Step Act. Reductions are discretionary. The USA may argue that there should be no reduction because of something that happened after sentenced or that the reduction should be denied on the basis of the seriousness of the offense, the need for incapacitation, or deterrence.
If there was a full or partial reduction under drugs minus 2, that is not a reason the court can give for declining to entertain the motion.
Career offenders: If the statutory range is lower, it can be argued that the court should go down to X because the defendant is not a career offender under the current guideline or caselaw interpreting force clause or enumerated offenses. This is a re-sentencing argument under the 3553(a) factors.

14. How are these cases being handled?
Involvement of panel/Standing Order
Putting together a list
What information should go in a motion?

15. Stacking & 18 USC §924(c)
Sec. 403, pp

16. What did it do? When is it effective?
(C) In the case of a violation of this subsection that occurs after a prior conviction under this subsection has become final, the person shall-
Be sentenced to a term of imprisonment of not less than 25 years; and
If the firearm involved is a machine gun or a destructive device, or is equipped with a firearm silencer or firearm muffler, be sentenced to imprisonment for life.
What did it do? When is it effective?
This section, also, applies to any offense that was committed before the date of enactment of this Act, if a sentence for the offense has not been imposed as of such date of enactment.

17. A defendant gets a stacked/consecutive sentence only if there is a violation of 924(c) after there is a final conviction for a 924(c)offense. For example, if there is a conviction for three robberies and three 924(c)’s in the same case, there has not been a violation of 924(c) after the conviction. The change modifies only 924(c)(1)(C) which before the change applied a 25-year mandatory minimum to a successive conviction.
However, 924(c)1(D)(ii) requires a sentence to run consecutively to any other sentence. It appears that if there is an indictment with three 924(c) charges, the sentence would be 5 years plus 5 years plus 5 years.
(ii) no term of imprisonment imposed on a person under this subsection shall run concurrently with any other term of imprisonment imposed on the person, including any term of imprisonment imposed for the crime of violence or drug trafficking crime during which the firearm was used, carried, or possessed.
Further explanation-

18. Recidivism Reduction
Sec. 101, 3631, 3632, 3622, 3624, 3635, pp. 3-61

19. What is it? When does it begin?
Within 210 days, the AG is to develop a risk assessment tool to be used in creating recidivism reduction programing. Incentives & rewards will be a part of the program. Ten days of credit for every 30s days of successful participation shall be earned for early placement in prerelease custody or supervised release.
What is it? When does it begin?
No credit will be earned for a program completed prior to December 21, 2018.
Everyone must complete the initial intake risk and needs assessment with 6 months of the completion of the tool.

20. Who will be able to participate?
See pages of the statute. Following is a partial list of excluded offenses:
Assaults of certain officers or employees using a deadly or dangerous weapon or inflicting bodily injury- 18 USC 111(b)
Threats against the President- 18 USC 871
18 USC 924(c)
Kidnapping- Any section of Chapter 55
Bank robbery resulting in death- 18 USC 2113(e)
Robberies and burglaries involving controlled substances resulting in assault- 18 USC 2118(c)
Carjacking- 18 USC 2119
Sexual abuse- Any section of Chapter 109A
Failure to register as a sex offender
Sexual exploitation of children- 18 USC 2251, 2252, 2252A, 2260
Controlled Substance offenses for which death or serious bodily injury resulted from the use of such substance
Controlled Substance offenses if the offender was an organizer, leader, manager, or supervisor
Methamphetamine and fentanyl controlled substances offenses where the offender was an organizer, leader, manager or supervisor
Several immigration offenses, including those where a person is the subject of a final order of removal
Who will be able to participate?
Being familiar with the list of excluded offenses may assist in plea negotiations.

21. Compassionate Release
Sec. 603, pp

22. Adds eligible terminally ill offenders (disease or condition with an end-of-life trajectory) to existing statute for elderly offenders
Not available for crimes of violence (18 U.S.C. §16a), sex offenses, or espionage (Chapter 37 of Title 18)
Must be in need of care at a nursing home, intermediate care or assisted living facility or diagnosed with a terminal illness
Who is covered?
Must be familiar with code, USSC policy in sentencing guidelines, and BOP policies

23. After fully exhaustion of administrative rights to appeal a failure of the BOP to file a motion, or
Lapse of 30 days from the receipt of a request by the warden of the defendant’s facility, whichever is earlier.
How does it happen?

24. BOP must notify attorney, partner and family members within 72 hours of a terminal illness diagnosis.
BOP must provide an opportunity to visit within 7 days.
BOP must provide assistance in preparation of request and process the request within 14 days.
Other requirements
Attorney is mentioned all through the statute

25. Relevant policies, statutes, and guidelines
18 USC §3582(c)(1)(A)(i) Permits defense to initiate the request in Court after administrative remedies are exhausted or a lapse of 30 days if there are “extraordinary & compelling reasons”
18 USC §3553(a) Judge must consider to the extent they are applicable
18 USC §3582(d)(1) Defines terminally ill
BOP Program Statement & Program Statements Administrative remedies at BOP & definition of “extraordinary & compelling”
USSC §1B1.13 Guidelines grounds for compassionate release with definition of “extraordinary & compelling”
18 USC §3142(g) Guidelines requires consideration of safety of others & community
Relevant policies, statutes, and guidelines
BOP: life expectancy of less than 18 months; condition must have arisen after initial sentence was imposed; requires an approved release plan
USSC: A specific prognosis of life expectancy (i.e., a probability of death within a specific time period) is not required; need not have been unforeseen at time of sentencing; judge is to apply 3553(a) factors; has an “aging” exception- be sure and count good time credits in determining whether client has served 10 years or 75 percent, whichever is less

26. Use of restraints on prisoners during the period of pregnancy and postpartum recovery is now prohibited. (Sec. 301, pp
BOP Good Time Credits increased from 47 days to up to 54 days for of each year of the prisoner’s sentence imposed by the court (Sec. 102, pp )
Placement Close to Families (Sec. 601, pp )
Home Confinement for Low-Risk (Sec. 602, p. 116)
Identification for Returning Citizens (Sec. 604, pp )
Miscellaneous