The First Step Act is the most sweeping reform of the United States federal justice system in a generation.

Enacted to curb mass incarceration, correct racial disparities, and rebalance the scales of justice, this bipartisan legislation fundamentally altered how federal sentencing guidelines are calculated and applied.

For individuals facing federal charges or families seeking post-conviction relief, navigating these changes is critical.

The First Step Act significantly eases harsh mandatory minimums for drug offenses, abolishes aggressive 18 U.S.C. § 924(c) firearm-stacking, and unlocks crucial pathways for retroactive crack-cocaine resentencing and compassionate release.

Whether you are evaluating a pending case or seeking avenues for early release, this guide breaks down exactly how the First Step Act affects federal criminal defense.

Quick Reference Summary: Before vs. After the First Step Act

Core Reforms of the First Step Act

1. Reduction of Mandatory Minimums for Drug Offenses

The Act relaxes the "three-strikes" policy for federal drug defendants as outlined in 21 U.S.C. §§ 841 and 851.

• Third Strike: Reduced from mandatory life imprisonment to a 25-year mandatory minimum.

• Second Strike: Reduced from a 20-year mandatory minimum to a 15-year mandatory minimum.

• Narrowed Triggers: Previously, minor drug convictions at the state level could lead to these enhancements. Now, only offenses that qualify as a serious drug felony or a serious violent felony are eligible.

Important Note: These specific drug sentencing reductions are not retroactive. They apply only to offenses committed or sentenced after the Act's enactment.

2. Elimination of 18 U.S.C. § 924(c) "Stacking"

Under 18 U.S.C. § 924(c), possessing or using a firearm during a crime of violence or drug trafficking results in severe mandatory consecutive penalties.

• The Old Loophole: Prosecutors could "stack" multiple firearm counts in a single indictment. A first-time offender facing two 924(c) counts in one trial could automatically receive an additional 25-year consecutive penalty for the second count.

• The Reform: The First Step Act eliminated intra-indictment stacking. The 25-year enhancement now applies only if the defendant has a separate, final 924(c) conviction that occurred before.

3. Retroactive Crack Cocaine Resentencing

The Fair Sentencing Act of 2010 reduced the notorious 100-to-1 sentencing disparity between crack and powder cocaine, lowering it to 18-to-1, but it left older inmates behind.

The First Step Act made those 2010 changes fully retroactive. Inmates sentenced under the old crack guidelines before August 3, 2010, can now petition federal courts directly for a sentence reduction.

4. Expanded Compassionate Release & Elderly Inmate Programs

The Act significantly changed the process for terminally ill, disabled, or elderly inmates seeking early release.

• Direct Judicial Review: Previously, only the Bureau of Prisons (BOP) could request a defendant's compassionate release, but it seldom did so. Now, if the BOP denies or delays a response for 30 days, the inmate or their attorney can directly submit a motion to the federal sentencing judge.

• Elderly Pilot Program: Reauthorizes and expands the program, allowing non-violent offenders over 60 who have served two-thirds of their sentences to transition to home confinement.

Real-World Examples of the First Step Act in Practice

Example A: The Stacking Elimination (Non-Retroactive)

• The Scenario: In 2018, prior to the Act, John was arrested for the first time after committing two armed bank robberies over the same weekend. He was charged with two violations of 18 U.S.C. § 924(c) in one indictment. Under the previous law, he faced a mandatory 5-year sentence for the initial gun offense and an additional 25 years, stacked sequentially, for the second, totaling 30 years solely for the firearm charges.

• Under the First Step Act: If John were charged today, he would face 5 years for the first count and 5 years for the second count, running consecutively, totaling 10 years for firearms, since he lacks a prior finalized historical conviction.

Example B: Retroactive Crack Cocaine Relief

• The Scenario: In 2008, Marcus received a 20-year federal prison sentence for possessing a small amount of crack cocaine, due to the strict 100-to-1 ratio in the law. When the Fair Sentencing Act was enacted in 2010, his sentence was not reduced because the law did not apply retroactively.

• Under the First Step Act: Marcus's attorney may submit a motion for resentencing under Section 404 of the First Step Act. The judge has the authority to apply the reduced 2010 formulas retroactively, which could lead to Marcus's sentence being lowered to time served and enable his immediate release.

Frequently Asked Questions (FAQs)

Is the First Step Act completely retroactive?

No, only certain provisions are retroactive. These include the crack cocaine sentencing adjustments and modifications to compassionate release procedures. The reductions in mandatory minimum sentences for second and third drug offenses, along with the removal of 924(c) gun stacking, apply solely to future cases or cases still pending at the time of enactment.

Who qualifies for the elderly release program under the First Step Act?

Typically, an inmate must be at least 60 years old, have served at least two-thirds of their sentence, and be classified as a non-violent offender without any history of violent or sexual offenses while incarcerated.

What is 924(c) "stacking" and how did it change?

"Stacking" allowed prosecutors to apply an aggressive 25-year penalty enhancement to a second firearm charge in the same criminal case. The First Step Act ended this practice for first-time offenders. The 25-year enhancement now requires a true repeat offense from a completely separate prior case.

Can I file a motion for compassionate release myself, or does the BOP have to do it?

You or your defense attorney can submit a motion for compassionate release directly in federal court. However, you must first ask your prison's warden for it and wait for a denial or let 30 days pass without a response, which is called "exhausting administrative remedies."

How do I know if my prior state drug conviction still triggers a federal mandatory minimum?

Under the new rules, a previous state conviction must qualify as a "serious drug felony"—specifically, you must have served over 12 months of imprisonment, and at least 15 years must have passed since your release.

Related Federal Laws and Statutes

• 21 U.S.C. § 841 – The main federal law that regulates the manufacture, distribution, and possession with intent to distribute controlled substances, including mandatory minimum penalties.

• 21 U.S.C. § 851 – The procedural statute prosecutors rely on to file an "information" that lists a defendant's previous felony drug convictions, thereby activating mandatory enhanced statutory minimum sentences.

• 18 U.S.C. § 924(c) – The firearm statute mandates strict, consecutive prison sentences for carrying or using a firearm during federal crimes of violence or drug trafficking.

• 21 U.S.C. § 848 – Governs the charge of a Continuing Criminal Enterprise (CCE), also known as the "Kingpin Statute," targeting large-scale, structured drug trafficking syndicates.

• The Fair Sentencing Act of 2010 – The original statutory precursor decreased the crack versus powder cocaine disparity from 100:1 to 18:1, and the First Step Act made this change fully retroactive.

Speak with a Federal Criminal Defense Attorney Today

Federal sentencing guidelines are highly intricate, with strict procedural deadlines for filing retroactive First Step Act petitions or compassionate release motions. Even a minor administrative mistake can lead to denial, causing eligible individuals to remain incarcerated much longer than needed.

If you or a loved one are dealing with pending federal drug charges, a complicated firearms indictment, or trying to secure early release from the Bureau of Prisons, do not go through the federal court system alone.

Take the First Step Toward Your Defense

Our skilled federal criminal defense lawyers at Eisner Gorin LLP are well-versed in the intricacies of the First Step Act and keep up with the latest developments in federal sentencing law. 

We will thoroughly examine your past record, review the charging documents, and explore all possible options to minimize your exposure to mandatory minimum sentences.

• 24/7 High-Urgency Case Evaluation: Arrests and federal indictments don't keep business hours. Our team is ready to respond immediately.

• Confidential Strategy Session: Speak directly with an attorney to evaluate First Step Act applicability, retroactivity status, or compassionate release eligibility.

Don't leave your freedom to chance. Call our office at 818-781-1570 right now for an immediate, confidential consultation, or fill out our secure online case evaluation form to have a federal defense lawyer review your file.

Related Content

• Federal Prison Inmate Counts
• Presentence Report
• Amendment 821
• Two-Point Sentence Reductions
• Sentencing Guidelines for 2023