Rutherford v. United States · ¶13

Years after Rutherford and Carter were each sentenced, Congress passed the First Step Act of 2018, 132 Stat. 5194, “a landmark piece of legislation that changed the federal criminal-sentencing system in numerous respects,” Hewitt v. United States, 606 U. S. 419, 424 (2025). Among the changes was the elimination of § 924(c)'s 25-year stacking requirement for first-time offenders: A 25-year consecutive sentence is now required only for a “ `violation . . . that occurs after a prior conviction under this subsection has become final.' ” § 403(a), 132 Stat. 5222. This change would have made a significant difference for both Rutherford and Carter. Had either been sentenced today, his mandatory minimum under § 924(c) would have been much shorter: 14 years for Rutherford and 21 years for Carter.

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