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Smarter Sentencing Act

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The Smarter Sentencing Act ( S. 1013 ) is a bill in the United States Senate that would reduce mandatory minimum sentences for some federal drug offenses. In some cases, the new minimums would apply retroactively, giving some people currently in prison on drug offenses a new sentence.

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42-675: Under the language of the version in the Senate Judiciary Committee , it authorizes a court that imposed a sentence for a crack cocaine possession or trafficking offense committed before August 3, 2010, on motion of the defendant, the Director of the Bureau of Prisons, the attorney for the government, or the court, to impose a reduced sentence as if provisions of the Fair Sentencing Act of 2010 were in effect at

84-556: A B.A. in political science from Bates College in Lewiston, Maine in 1974. He also holds a Juris Doctor from Washington and Lee University School of Law in Lexington, Virginia , received in 1977. In his early professional career he served as a staff aide for 6th District U.S. Congressman M. Caldwell Butler from 1977 to 1979. Goodlatte went on to work as a lawyer in private practice from 1980 to 1993. Bob Goodlatte received

126-567: A lobbyist representing the Project for Privacy & Surveillance Accountability, a nonprofit. Goodlatte was born in Holyoke, Massachusetts , the son of Doris B. (née Mentzendorff) and Robert Swan Goodlatte. His paternal ancestry includes English and Irish and his maternal grandfather was a Baltic German from Riga . Goodlatte grew up in Springfield, Massachusetts . Goodlatte received

168-418: A GOP effort, conducted in a secret session, to weaken the independent Office of Congressional Ethics , a move widely criticized by House leaders and the opposition party. The proposal passed by a 119 to 74 vote, but it was withdrawn the following day after widespread public criticism. On November 9, 2017, Goodlatte announced that he would not seek reelection in 2018 . In February 2020, Goodlatte registered as

210-406: A serious violent felony and reducing the terms on a number of drug offenses. It was proposed to strike ... "mandatory life imprisonment... to ..."not less than 25 years. It also added language making the reforms applicable to past cases. The Senate bill, now named S.2123: Sentencing Reform and Corrections Act of 2015, was revised by Charles Grassley R-IA. The committees assigned to this bill passed

252-513: A six-month, bipartisan Over-Criminalization Task Force to address the scope and size of the federal criminal code and regulations. The Task Force expired in November 2013, but advocates supported a re-authorization for another six-month term and asked the chairman to hold a hearing on sentencing laws. The House version of the Act had 18 co-sponsors by February 2014. The bill continued to gain momentum in

294-453: A two-thirds majority vote in both chambers to raise taxes. However, Representatives Paul Ryan , Justin Amash , David Dreier and Louie Gohmert voted against the "clean" amendment because it could have allowed taxes to be raised on Americans. Ryan released a statement after the vote, saying: "I'm concerned that this version will lead to a much bigger government fueled by more taxes. Spending

336-461: A vote of for April 10, 2014, to consider a reduction in the base level offense of certain drug convictions. The decision was unanimous by the Commission in favor of the reductions which impacts potentially 70% of the drug offense prison population. The chair of the Commission issued a statement on the same day saying that "This modest reduction in drug penalties is an important step toward reducing

378-738: Is an American politician, attorney, and lobbyist who served in the United States House of Representatives representing Virginia's 6th congressional district for 13 terms. A Republican , he was also the Chair of the House Judiciary Committee , which has jurisdiction over legislation affecting the federal courts , administrative agencies, and federal law enforcement entities . Goodlatte's district covered Roanoke and also included Lexington , Lynchburg , Harrisonburg , and Staunton . In 2017, Goodlatte presided over

420-530: Is the problem, yet this version of the Balanced Budget Amendment makes it more likely taxes will be raised, government will grow, and economic freedom will be diminished. Without a limit on government spending, I cannot support this Amendment." Goodlatte supported President Donald Trump 's 2017 executive order to impose a temporary ban on entry to the U.S. to citizens of seven Muslim-majority countries . He stated that "The primary duty of

462-774: The FBI . It also has oversight of the Department of Homeland Security (DHS). Subcommittees In January 2018, the Democratic minority had their number of seats increase from 9 to 10 upon the election of Doug Jones (D-AL), changing the 52–48 Republican majority to 51–49. On January 2, 2018, Al Franken , who had been a member of the committee, resigned from the Senate following accusations of sexual misconduct. Bob Goodlatte Robert William Goodlatte ( / ˈ ɡ ʊ d ˌ l æ t / ; born September 22, 1952)

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504-574: The Supreme Court , the U.S. court of appeals , the U.S. district courts , and the Court of International Trade . If a majority on the committee votes to advance a nomination, the nominee is reported favorably to the whole Senate, which can vote by simple majority to confirm the nominee. The Judiciary Committee's oversight of the DOJ includes all of the agencies under the DOJ's jurisdiction, such as

546-573: The CSA and CSIEA to ensure consistency with this Act and to consider specified factors, including: Requires the Attorney General to report on how the reduced expenditures on federal corrections and cost savings resulting from this Act will be used to help reduce overcrowding, increase investment in law enforcement and crime prevention, and reduce recidivism . The bill was introduced on July 31, 2013, by Sen. Richard Durbin (D-IL) and referred to

588-771: The Congressional International Anti-Piracy Caucus. In 1997 he sponsored the No Electronic Theft Act which criminalized several kinds of non-commercial copyright infringement , in response to the decision for the court case United States v. LaMacchia (1994). Goodlatte is a staunch advocate of a federal prohibition of online gambling . In 2006, he sponsored H.R. 4777, the Internet Gambling Prohibition Act . In September 2006, working with then Iowa Congressman Jim Leach , Goodlatte

630-601: The Federal System" in February 2015. The document discussed the sentencing guidelines causing life sentences to be issued for various types of offenses. It detailed the costs associated with inmates serving life sentences and detailed the consideration for public safety should modifying the guidelines and reducing the sentences occur. In October 2015 Bob Goodlatte (R-VA)revised it and used the name, H.R. 3713 Sentencing Reform Act of 2015. Edits include language to define

672-824: The Judiciary , informally known as the Senate Judiciary Committee , is a standing committee of 21 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nominations, and review pending legislation. In addition, the Standing Rules of the Senate confer jurisdiction to the Senate Judiciary Committee in certain areas, such as considering proposed constitutional amendments and legislation related to federal criminal law , human rights law , immigration , intellectual property , antitrust law , and internet privacy . Established in 1816 as one of

714-817: The Judiciary Committee on October 20, 2013. It is related to the Justice Safety Valve Act of 2013 , the Federal Prison Reform Act of 2013 (S. 1783) and others, in an effort to deal with the over-crowded, and under-funded, federal prison system. Congressmen Bobby Scott (D-VA) and Raul Labrador (R-ID) introduced the Smarter Sentencing Act (H.R. 3382) in the U.S. House of Representatives , and it gained cosponsors from both parties. In 2013, House Judiciary Committee Chairman Bob Goodlatte (R-VA) established

756-590: The Republican nomination at the Republican District convention after Democratic Party candidate Jim Olin opted not to run for reelection in 1992. In the 1992 November general election, Goodlatte defeated Democratic candidate Stephen Musselwhite, who had defeated Olin's preferred choice at the district Democratic convention, with 60% of the vote. Goodlatte has been reelected ten times, often running unopposed. His most substantive Democratic opposition

798-409: The Republican primary set for June 12, 2012. This was Bob Goodlatte's first contested Republican primary. Kwiatkowski earned 34% of the Republican primary vote, with Goodlatte winning 66%. He faced Democratic nominee Andy Schmookler in the general election and defeated him with 66% of the vote. The American Conservative Union gave him a 94% evaluation. During a secret meeting on the night before

840-515: The Senate and House. By June 2014, 25 co-sponsoring Senators (17 Democrat, 6 Republican and 2 Independent) joined to show their support. The House had 38 co-sponsors (24 Democrat and 14 Republican). The bill did not have any further action in the legislative season as was re-introduced as the Smarter Sentencing Act of 2015 (or S502) by Republican Senator of Utah Mike Lee . The House of Representatives version, known as HR920,

882-716: The Senate. The bill, previously known as S.1942, was nicknamed after Fargo, North Dakota resident Savanna LaFontaine-Greywind was brutally murdered in August 2017 as an example of the horrific statistics regarding abuse and homicide of Native American women. Committee assignments Caucus memberships *Write-in and minor candidate notes: In 1992, write-ins received 160 votes. In 1994, write-ins received 189 votes. In 1996, write-ins received 71 votes. In 1998, write-ins received 66 votes. In 2006, write-ins received 948 votes. In 2008, write-ins received 262 votes. In 2010, write-ins relieved 2,709 votes. **In 1992, Bob Goodlatte received

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924-584: The act by a vote of 15-5 and sent it to the House or Senate as a whole for consideration on October 22, 2015. On November 5, 2015 there was a significant move with the legislation. Both parties and both chambers of Congress agreed to revisions to federal sentencing guidelines and the mandatory minimums. The text of the 140 plus page bill was posted at the Judicial Committee's website,. Sentencing Reform and Corrections Act of 2015. The original language in

966-486: The aisle, including House Minority Leader Nancy Pelosi , President-elect Donald Trump , and even Abramoff himself. Additionally, social media catalyzed a swift reaction from constituents, with Google reporting that searches for "Who is my representative" surged in the hours following the public unveiling of the mooted changes to the Office. Representatives received thousands of calls demanding they cease their support for

1008-438: The amendment. In less than 24 hours, Goodlatte and his fellow Republicans scrapped the proposal. One of Goodlatte's legislative initiatives was his constitutional amendment to require a balanced federal budget . Goodlatte wrote and put forward both the "clean" Balanced Budget Amendment which had a higher chance of actually passing the House and the Senate as well as a version that makes it harder to increase taxes by requiring

1050-400: The bill and actively encouraging its passage. The House and Senate Committees on the Judiciary was the next step in the bill being passed into law. The hearings and testimony that occurred in 2013 in relation to the 2013 version continued to be on record and in support of the 2015 version. The United States Sentencing Commission ( www.ussc.gov) prepared a publication called "Life Sentences in

1092-425: The bill references the Fair Sentencing Act of 2010 and specific language detailing certain drug offenses. The original text reduces sentences by about half. As written ... "Sec. 4.Sentencing modifications for certain drug offenses The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended— (1)in section 102 (21 U.S.C. 802), by adding at the end the following: (2)in section 401(b)(1) (21 U.S.C. 841(b)(1))— (A)in

1134-529: The federal government is to keep Americans safe. Today, President Trump has begun to fulfill this responsibility by taking a number of critical steps within his authority to strengthen national security and the integrity of our nation's immigration system." Goodlatte is the co-chairman of the bipartisan Congressional Internet Caucus, Chairman of the House Republican High-Technology Working Group, and Co-Chairman of

1176-479: The flush text following clause (viii)— (i)by striking "10 years or more" and inserting "5 years or more"; (ii)by striking "such person shall be sentenced to a term of imprisonment which may not be less than 20 years and" and inserting "such person shall be sentenced to a term of imprisonment of not less than 10 years and"; and (iii)by striking "mandatory term of life imprisonment without release" and inserting "term of imprisonment of not less than 25 years"; and (B)in

1218-728: The flush text following clause (viii)— (i)by striking "5 years" and inserting "2 years"; and (ii)by striking "not be less than 10 years" and inserting "not be less than 5 years"..." The text goes on further directing the United States Sentencing Commission to consider the safety of the public when reducing the sentences of offenders and the Attorney General to report on the results of the Smarter Sentencing Act of 2015. The November 2015 edits additional safe guards from releasing repeat, violent offenders and applied retroactivity to sentences. The bill

1260-461: The house version (H.R.920) had 43 Bi-partisan co-sponsors by the same date. By the summer recess, H.R.920 had 52 co-sponsors and S. 502 had 12. Both version had been moved to committee for further discussion. The bill's Bi-Partisan support from both the Republican and Democratic parties helped increase its likelihood of moving through committee hearings. Additionally, organizations were behind

1302-530: The initial stages of the confirmation process of all judicial nominations for the federal judiciary. The committee considers presidential nominations for positions in the DOJ, the Office of National Drug Control Policy , the State Justice Institute , and certain positions in the Department of Commerce and DHS. It is also in charge of holding hearings and investigating judicial nominations to

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1344-612: The original standing committees in the United States Senate, the Senate Committee on the Judiciary is one of the oldest and most influential committees in Congress. Its broad legislative jurisdiction has assured its primary role as a forum for the public discussion of social and constitutional issues. The committee is also responsible for oversight of key activities of the executive branch, and is responsible for

1386-412: The problem of prison overcrowding at the federal level in a proportionate and fair manner," said Judge Patti B. Saris, chair of the commission. "Reducing the federal prison population has become urgent, with that population almost three times where it was in 1991." (R-ID) (D-IL) (R-ID) (R-UT) (R-UT) (R-UT) (D-IL) Senate Judiciary Committee The United States Senate Committee on

1428-417: The renamed Office and power to stop inquiries that had the potential to lead to criminal charges. It would have also blocked the Office's staff from speaking with reporters and other news media members. The amendment passed during the secret meeting, but its fortunes were reversed once news of the measure leaked out. The proposed changes immediately drew strong criticism from prominent figures on both sides of

1470-558: The start of the 115th Congress , Goodlatte led an attempt by House Republicans to reduce the reach of the independent Office of Congressional Ethics . The Office was created in 2008 after numerous infractions involving Republican lobbyist Jack Abramoff , resulting in the imprisonment of House member Bob Ney . The proposed amendment to House Rules, spearheaded by Goodlatte, gave the House Ethics Committee - made up of partisan elected officials - oversight of what would be

1512-594: The time such offense was committed. Amends the Controlled Substances Act (CSA) and the Controlled Substances Import and Export Act (CSIEA) to reduce mandatory minimum sentences for manufacturing, distributing, dispensing, possessing, importing, or exporting specified controlled substances. Directs the commission to review and amend its guidelines and policy statements applicable to persons convicted of such an offense under

1554-469: The vote. In 2009, Goodlatte was appointed to serve as the co-lead impeachment manager (prosecutor) alongside Adam Schiff for the impeachment trial of Judge Samuel B. Kent . The following year, Goodlatte was appointed and served as a House co-lead impeachment manager in the impeachment trial of Thomas Porteous , again alongside Schiff. In 2011, Republican Karen Kwiatkowski of Mount Jackson , Virginia, announced that she would challenge Goodlatte in

1596-510: Was a major House supporter of the Unlawful Internet gambling Enforcement Act of 2006. The Act was passed at midnight the day Congress adjourned before the 2006 elections . Prior to it being added to the bill , the gambling provisions had not been debated by any Congressional committee . The bill was made sure to exclude online gambling. They claimed moral reasons for pushing for a ban on Internet gambling, but critics charge that it

1638-543: Was due to campaign contributions from Microsoft and Steam. Goodlatte invoked surveillance abuse against Martin Luther King Jr. in the context of alleged surveillance abuses against Trump 2016 campaign advisor Carter Page. His last act as Chairman of the Judiciary Committee before leaving in December 2018 was to block Savanna's Act , a bill introduced by Heidi Heitkamp and which had passed without opposition in

1680-422: Was held over during several meetings in the fourth quarter of 2013. It gained momentum on January 30, 2014 when the Senate Judiciary Committee passed it and agreed to move the bill to the floor for additional work. The Act was passed by a vote of 13 to 5. On March 11, 2014 updates were done. Most of the original text was lined through and new text was incorporated. The United States Sentencing Commission scheduled

1722-470: Was in 1996, when he faced Jeff Grey, and again in 1998, when Roanoke mayor David Bowers challenged him. In an overwhelmingly conservative district, Goodlatte turned back these challenges, with 67% and 69% of the vote, respectively. In 2008, he was challenged by Democratic candidate Sam Rasoul of Roanoke. Goodlatte garnered 62% of the vote. In 2010, Goodlatte was challenged by Independent Jeffrey Vanke and Libertarian Stuart Bain. Goodlatte won with 76.26% of

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1764-697: Was re-introduced by Idaho Republican Raul Labrador in February 2015. The Smarter Sentencing Act of 2015 was a continued effort from the Smarter Sentencing Act of 2013/2014. The Senate version of 2013/2014, called S 1410, was introduced by Richard Durbin (D-IL) and Patrick Leahy (D-VT). The 113th Congress held several hearing and heard testimony through 2013 and 2014 without passage. A Bi-partisan Summit on Criminal Justice Reform, met in March 2015 to discuss reforming America's criminal justice system and received national news coverage. The Senate version (S.502) had gained 12 Bi-partisan co-sponsors by late May 2015;

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