Any charge including a gun takes the "non-violent" tag off the table. Offenders with a gang enhancement and a gun charge are not eligible for any new (federal) sentencing guideline. We are not sure what law you are pointing to, there are no "new laws" outside of the change in federal sentencing guidelines for a narrow group of eligible inmates with low level non-violent drug crimes.
The offender must serve at least 85% of the sentence (providing that there are no incident reports where good time might be lost) which is 9 years 4 months. Second timers are also ineligible for any new law provisioned for "first-timers" which is who they are intended for.
Accepted Answer Date Created: April 13,2016