924(c)s And FSA: What About Revocation Of Supervised Release?
If you’re a regular consumer of Federal Prison Tips content, you probably already know the answer: Nope.
If you’re on a violation or revocation of supervised release and the original charge was a 924(c), you cannot get First Step Act credit. The BOP is not to blame here – that’s how Congress wrote the law.
The 924(c) offense is one of the 68 enumerated offenses that makes you ineligible for First Step Act relief if you’re an inmate in federal prison.
If a 924(c) is related in any way to the instant offense, even following revocation of supervised release, you will not receive any benefit from a 924(c). Hopefully Congress will address this in the future, but for now, 924(c) remains a disproportionately punished offense when compared to other offenses that can still qualify an inmate for minimum security incarceration.
What’s even more frustrating is that a 924(c) is vehemently pursued in any case where a firearm was discovered, even though the letter of the law requires the firearm to take a material or threatening role in the crime. Still, prosecutors will pursue these charges when a firearm is near a supply of illegal substances, regardless of whether or not the defendant was in another location entirely.
Even if the defendant was caught in a sting operation, unarmed with drugs, and the firearm was at an associated location with different drugs, a 924(c) will often be charged. And because pleas are so common, plus the cost of going to trial is so high, prosecutors will often see these charges stick. It’s a mess. Be careful out there.