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FDNY Staff

ID: 1b8250b2-2619-30fb-68c4

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Organization: Federal Defenders of New York

Section 404(b) of the First Step Act reaches back only to the Fair Sentencing Act’s crack-quantity thresholds and does not carry § 401, narrowing the definition of § 841’s triggering predicates, with it.

Federal Defenders of New York Blog · August 26, 2026

Sentencing court plainly erred by (1) crossing the “fine line” between declining leniency for a defendant’s silence and punishing him for it; and (2) varying upward on facts already accounted by the Guidelines

Federal Defenders of New York Blog · August 26, 2026

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