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Bipartisan sentencing overhaul moves forward, but rests on Trump

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The lawmakers believe they can get the measure to President Donald Trump during the final weeks of the year if the president embraces it.
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WASHINGTON — A bipartisan group of senators has reached a tentative deal on the most substantial rewrite of the nation’s sentencing and prison laws in a generation, giving judges more latitude to sidestep mandatory minimum sentences and easing drug sentences that have incarcerated African-Americans at much higher rates than white offenders.

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The compromise would eliminate the stacking regulation that makes it a federal crime to possess a firearm while committing another crime, like a drug offense; expand the “drug safety valve” allowing judges to sidestep mandatory minimums for nonviolent drug offenders; and shorten mandatory minimum sentences for nonviolent drug offenders, according to draft text of the bill obtained by The New York Times.

It would also retroactively extend a reduction in the sentencing disparity between crack and powder cocaine signed into law in 2010, potentially affecting thousands of drug offenders serving lengthy sentences.

Lawmakers and outside advocates involved in the push expect Trump to render his judgment on the package as soon as this week. Jared Kushner, the president’s son-in-law and the leading voice within the White House for the changes, is likely to brief Trump on the bill during a broader discussion of legislative priorities with top policy officials Tuesday, according to one senior administration official, who was granted anonymity to discuss the plans. And at least two influential Republican senators were lobbying the president in its favor.

Sen. Mitch McConnell, R-Ky., the Senate majority leader, has told the senators he will bring the package up for a vote if they can show they had the support of at least 60 senators. House Speaker Paul Ryan of Wisconsin, an advocate of such changes, committed to putting the compromise on the House floor in a lame-duck session that begins Tuesday if Trump endorses it and it can clear the Senate.

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The New York Times

Nicholas Fandos and Maggie Haberman © 2018 The New York Times

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