The First Step Act, signed into law in December 2018, represents the most significant federal sentencing reform in decades.

The law introduced major changes to mandatory minimum sentencing, firearm enhancements, crack cocaine disparities, and compassionate release.

For federal defendants and individuals currently serving time in federal prison, the First Step Act created both prospective sentencing reductions and limited retroactive relief opportunities.

Understanding how the First Step Act affects federal drug cases, firearm charges, and resentencing petitions is critical for anyone facing federal prosecution or seeking post-conviction relief.

Your best hope for a favorable outcome is with an experienced criminal defense attorney at Eisner Gorin LLP.

To schedule a consultation, call (818) 781-1570 or contact us here.

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What Is the First Step Act?

The First Step Act is a federal criminal justice reform law aimed at reducing overly harsh mandatory minimum sentences and addressing long-standing disparities in federal sentencing.

It was passed with bipartisan support and signed into law in December 2018.

The Act focuses on:

• Reducing certain mandatory minimum sentences

• Narrowing qualifying prior convictions

• Eliminating the stacking of firearm enhancements

• Expanding retroactive crack cocaine relief

• Increasing compassionate release opportunities

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Key Changes to Federal Drug Sentencing

One of the most impactful reforms involves mandatory minimum sentences for repeat federal drug offenses under 21 U.S.C. §§ 841 and 851.

Reduction of Mandatory Minimums

Before the First Step Act:

• A third qualifying drug conviction could result in a mandatory life sentence

• A second qualifying drug conviction triggered a 20-year mandatory minimum

Under the First Step Act:

• The mandatory life sentence was reduced to a 25-year mandatory minimum

• The 20-year mandatory minimum for second offenses was reduced to 15 years

Although these penalties remain severe, the reductions significantly lowered exposure for repeat offenders.

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Narrowing of Qualifying Prior Convictions

Previously, relatively minor state drug offenses could qualify as prior convictions triggering enhanced federal penalties.

The First Step Act narrowed the definition to include only:

• Serious drug felonies

• Serious violent felonies

This change limits which prior convictions can increase mandatory minimum sentencing.

It is important to note that these drug sentencing reforms apply prospectively and are not retroactive.

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Elimination of 924(c) “Stacking”

Another major reform involves enhancements to firearm offenses under 18 U.S.C. § 924(c).

What Was 924(c) Stacking?

Under prior law, prosecutors could charge multiple 924(c) counts in the same case, triggering consecutive 25-year mandatory minimum sentences even for first-time offenders.

This practice, known as stacking, often resulted in extremely long sentences.

What Changed Under the First Step Act?

The First Step Act eliminated stacking in first-offense cases.

Now:

• The 25-year enhancement applies only if there is a prior, separate 924(c) conviction

• First-time defendants in a single case are no longer subject to stacked 25-year consecutive sentences

However, this change is not retroactive for individuals already sentenced under prior stacking rules.

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Retroactive Relief for Crack Cocaine Cases

One of the most important retroactive provisions involves crack cocaine sentencing disparities.

In 2010, Congress reduced the disparity between crack and powder cocaine sentencing through the Fair Sentencing Act. However, that reform was not initially retroactive.

The First Step Act made those crack sentencing reforms retroactive.

This means:

• Individuals sentenced before 2010 for crack cocaine offenses may petition for resentencing

• Courts can reduce sentences to align with current guidelines

This provision has provided relief to many individuals serving disproportionately long sentences.

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Expanded Compassionate and Elder Release

The First Step Act significantly broadened compassionate release eligibility.

Previously, only the Bureau of Prisons could file compassionate release motions. Now:

• Defendants may petition the court directly after exhausting administrative remedies

Expanded eligibility includes:

• Elderly non-violent offenders

• Inmates with terminal illnesses

• Individuals with serious medical conditions

• Inmates who have served a significant portion of their sentence

In general, non-violent offenders over age 60 who have completed at least two-thirds of their sentence may qualify, depending on case-specific factors.

Each case is evaluated individually based on:

• Conduct while incarcerated

• Health conditions

• Length of sentence served

• Public safety considerations

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Why the First Step Act Matters

The federal prison population grew dramatically over the past several decades, largely due to mandatory minimum sentencing laws.

The First Step Act represents a major shift toward:

• Reducing excessive sentences

• Addressing sentencing disparities

• Providing relief to non-violent offenders

• Expanding judicial discretion

While not all reforms are retroactive, the Act provides meaningful relief in several important areas.

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Frequently Asked Questions

Is the First Step Act retroactive?

Some provisions are retroactive, such as crack cocaine resentencing and certain compassionate release changes. Other reforms, such as mandatory minimum reductions for drugs, apply only prospectively.

Can I reduce my federal sentence under the First Step Act?

Possibly. Eligibility depends on your specific conviction, sentencing date, and other case factors.

Does the Act eliminate mandatory minimums?

No. It reduces and narrows some mandatory minimums but does not eliminate them entirely.

Can first-time firearm offenders still receive 25-year enhancements?

No. The Act eliminated stacking of multiple 924(c) counts in first-offense cases.

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Speak With a Federal Criminal Defense Attorney

The First Step Act created significant opportunities for both current federal defendants and individuals already serving time in federal prison.

If you or a loved one is facing federal drug charges, firearm enhancements, or seeking compassionate release or resentencing, it is critical to consult with an experienced federal criminal defense attorney.

Federal sentencing law is complex and evolving. A detailed case review is necessary to determine whether relief under the First Step Act may apply. An early legal evaluation can make a meaningful difference in protecting your freedom and your future.

Eisner Gorin LLP is here to help. Schedule your consultation by calling (818) 781-1570 or using the contact form. Our law firm is based in Los Angeles.

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