President Biden reverses position on drug sentencing case

Reversing the position taken under his predecessor Donald Trump, President Joe Biden’s administration told the U.S. Supreme Court on Monday that it thinks low-level cocaine offenders should be among the beneficiaries of a federal law that reduced certain prison sentences.

In a letter to the Supreme Court, Acting Solicitor General Elizabeth Prelogar wrote that the Justice Department now believes that the defendant, Tarahrick Terry, who appealed his case to the justices, is eligible for a lesser sentence.

Terry pleaded guilty in 2008 in Florida to one count of possession with intent to distribute 3.9 grams of crack cocaine. The Atlanta-based 11th U.S. Circuit Court of Appeals last year ruled against Terry sentencing him to 15-1/2 years in prison.

Donal Trump signed the law known as the First Step Act in 2018 with his administration concluding that the possession of a small amount of crack cocaine was not a “covered offense” under the statute, which included various criminal justice reforms.

President Biden appears to be reiterating a campaign promise of reducing jail sentences for drug use and replacing them with drug rehabilitation.

The Supreme Court is scheduled to hear oral arguments in the case on April 20.