The text of the latest version of the First Step Act, being circulated by proponents to law enforcement groups and obtained by Breitbart News, still allows a number of violent criminals early release under the program.
[...]In addition to obtaining the text of the latest version of the 149-page bill, which is marked "Discussion Draft" on every page throughout and is the exact bill–or close to it–that senators intend to take up for passage this year, Breitbart News has also obtained an analysis from the National Association of Assistant U.S. Attorneys which found that the latest version of the bill still allows a number of violent criminals early release.
Bruce Moyer, the counsel for the National Association of Assistant U.S. Attorneys, emailed the analysis to a number of people based off this latest bill text. The crimes still eligible for early release under this latest, final version of the First Step Act, according to this legal analysis from the assistant U.S. attorneys group, includes these 37 that the organization lists out:
Committing rape as part of a war crime – 18 U.S.C. § 2441(d)(1)(G)
Bank robbery by force or violence including assault with a dangerous weapon – 18 U.S.C. § 2113(c)
Drive-by shootings – 18 U.S.C. § 36
Assaulting a law enforcement officer – 18 U.S.C. § 111(a)
Carjacking with intent to cause death or serious bodily harm – 18 U.S.C. § 2119(1)
Assaulting a child or infant – 18 U.S.C. § 113(a)(5)
Bank robbery by force or violence that puts the life of a person in jeopardy – 18 U.S.C. § 2113(d)
Performing biological experiments for torture as part of a war crime – 18 U.S.C. § 2441(d)(1)(c)
First time assault with intent to commit rape, unless have served time for certain other previous crimes – 18 U.S.C. § 3559(c)(2)(F)
Committing torture as part of a war crime – 18 U.S.C. § 2441(d)(1)(a)
Assisting federal prisoners with jailbreak – 18 U.S.C. § 752
Bank robbery involving assault or putting the life of a person in jeopardy with a dangerous weapon or device – 18 U.S.C. § 2113(d)
Performing acts of violence on aircraft pilots or other individuals on aircrafts to endanger the safety of the aircraft – 18 U.S.C. § 32(a)(6)
Committing mutilation or maiming as part of a war crime – 18 U.S.C. § 2441(d)(1)(E)
Threatening to assault, kidnap, or murder a federal judge or law enforcement officer – 18 U.S.C. § 115(a)(1)(b))
Drug-related robbery even if a person is killed or suffers significant bodily injury – 18 U.S.C. § 2118(a)
Assault with a dangerous weapon with intent to do bodily harm – 18 U.S.C. § 113(a)(3)
Trafficking crystal meth, unless also a "manager, leader, organizer, or supervisor" of the drug operation – 18 U.S.C. § 841(b)
Racketeering, including violent crimes committed in aid of racketeering – 18 U.S.C. § 1951
Bank robbery by force, violence, or intimidation – 18 U.S.C. § 2113(a)
Genocide – 18 U.S.C. § 1091
Prison guards or officers helping prisoners with jailbreak – 18 U.S.C. § 755
Planting a bomb on or committing arson to a motor vehicle – 18 U.S.C. § 33
Trafficking cocaine as a kingpin – 18 U.S.C. § 841(b)
Trafficking heroin, unless also a "manager, leader, organizer, or supervisor" of the drug operation – 18 U.S.C. § 841(b)
Assault by striking, beating or wounding – 18 U.S.C. § 113(a)(4)
Assault with intent to commit any felony except murder or aggravated sexual abuse – 18 U.S.C. § 113(a)(2)
Conspiracy or attempt to engage in human trafficking, including trafficking of children – 18 U.S.C. § 1594
Hate crimes – 18 U.S.C. § 249
Conspiracy to assault, threaten, intimidate, or impede a federal officer or employee – 18 U.S.C. § 372
Destruction of an aircraft, including with an explosive device or substance – 18 U.S.C. § 32(a)(1)-(4)
Blackmail – 18 U.S.C. § 873
Destruction of a gas pipeline (enviroterrorism) unless there was "serious risk of death or serious bodily injury" – 18 U.S.C § 60123(b)
Extortion – 18 U.S.C. § 875
High-speed flight from an immigration checkpoint – 18 U.S.C. § 758
Transporting or manufacturing a firearm or explosive device for use in a riot – 18 U.S.C. § 231(B)
Senate Judiciary Committee chairman Sen. Chuck Grassley's office has repeatedly not answered over the course of several days whether or not the proponents of the legislation would fix it so that convicts of the above-mentioned violent crimes–and others alreadyexposed by Breitbart News–would be fixed in the final version of the bill. But it appears as though the answer is, based off this latest version of the text obtained by Breitbart News, that the proponents do not intend to fix these loopholes allowing violent criminals early release.
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