Page:United States Statutes at Large Volume 108 Part 3.djvu/233

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PUBLIC LAW 103-322—SEPT. 13, 1994 108 STAT. 1985 (1) so that the margin of the matter starting with "extraordinary" and ending wim "reduction" the first place it appears is indented an additional two ems; (2) by inserting a one-em dash after "that" the second place it appears; (3) by inserting a semicolon after "reduction" the first place it appears; (4) by indenting the first line of the matter referred to in paragraph (1) and designating that matter as clause (i); and (5) by inserting after such matter the following: "(ii) the defendant is at least 70 years of age, has served at least 30 years in prison, pursuant to a sentence imposed under section 3559(c), for the offense or offenses for which the defendant is currently imprisoned, and a determination has been made by the Director of the Bureau of Prisons that the defendant is not a danger to the safety of any other person or the community, as provided under section 3142(g);". TITLE VIII—APPLICABILITY OF MANDA- TORY MINIMUM PENALTIES IN CER- TAIN CASES SEC. 80001. LIMITATION ON APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN CERTAIN CASES. (a) IN GENERAL. —Section 3553 of title 18, United States Code, is amended by adding at the end the following new subsection: "(f) LIMITATION ON APPLICABILITY OF STATUTORY MINIMUMS IN CERTAIN CASES. —Notwithstanding any other provision of law, in the case of an offense under section 401, 404, or 406 of the Controlled Substances Act (21 U.S.C. 841, 844, 846) or section 1010 or 1013 of the Controlled Substances Import and Export Act (21 U.S.C. 961, 963), the court shall impose a sentence pursuant to guidelines promulgated by the United States Sentencing Commission under section 994 of title 28 without regard to any statutory minimum sentence, if the court finds at sentencing, after the Government has been afforded the opportunity to make a recommendation, that— "(1) the defendant does not have more than 1 criminal history point, as determined under the sentencing guidelines; "(2) the defendant did not use violence or credible threats of violence or possess a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense; "(3) the offense did not result in death or serious bodily injury to any person; '(4) the defendant was not an organizer, leader, manager, or supervisor of others in the offense, as determined under the sentencing guidelines and was not engaged in a continuing criminal enterprise, as defined in 21 U.S.C. 848; and "(5) not later than the time of the sentencing hearing, the defendant has truthfully provided to the Government sdl information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct