Page:United States Statutes at Large Volume 108 Part 3.djvu/232

 108 STAT. 1^84 PUBLECLAW 103-^22-SEPT- K, 1994 "(ii) an offense under State law that, had the offense been prosecuted in a court of the United States, would have been punishable under section 401(b)(1)(A) or 408 of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A), 848) or section 1010(b)(l)(A) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(1)(A)). " (3) NONQUALIFYING FELONIES.— "(A) ROBBERY IN CERTAIN CASES. — Robbery, an attempt, conspiracy, or solicitation to commit robbery; or an offense described in paragraph (2)(F)(ii) shall not serve as a basis for sentencing under this subsection if the defendant establishes by clear and convincing evidence that— "(i) no firearm or other dangerous weapon was used in the offense and no threat of use of a firearm or other dangerous weapon was involved in the offense; and "(ii) the offense did not result in death or serious bodily injury (as defined in section 1365) to any person. "(B) ARSON IN CERTAIN CASES. — Arson shall not serve as a basis for sentencing under this subsection if the defendant establishes by clear and convincing evidence that— "(i) the offense posed no threat to human life; and "(ii) the defendant reasonably believed the offense posed no threat to human life. " (4) INFORMATION FILED BY UNITED STATES ATTORNEY. — The provisions of section 411(a) of the Controlled Substances Act (21 U.S.C. 851(a)) shall apply to the imposition of sentence under this subsection. "(5) RULE OF CONSTRUCTION. —This subsection shall not be construed to preclude imposition of the death penalty. "(6) SPECIAL PROVISION FOR INDIAN COUNTRY.—No person subject to the criminal jurisdiction of an Indian tribal government shall be subject to this subsection for any offense for which Federal jurisdiction is solely predicated on Indian country (as defined in section 1151) and which occurs within the boundaries of such Indian country unless the governing body of the tribe has elected that this subsection have effect over land and persons subject to the criminal jurisdiction of the tribe. " (7) RESENTENCING UPON OVERTURNING OF PRIOR CONVIC- TION.— If the conviction for a serious violent felony or serious drug offense that was a basis for sentencing under this subsection is found, pursuant to any appropriate State or Federal procedure, to be unconstitutional or is vitiated on the explicit basis of innocence, or if the convicted person is pardoned on the explicit basis of innocence, the person serving a sentence imposed under this subsection shall be resentenced to any sentence that was available at the time of the original sentencing.". SEC. 70002. LIMITED GRANT OF AUTHORITY TO BUREAU OF PRISONS. Section 3582(c)(1)(A) of title 18, United States Code, is amended—

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