; and (2) by adding at the end the following: (g) Inadequacy of criminal history (1) In general If subsection (f) does not apply to a defendant because the defendant does not meet the requirements described in subsection (f)(1) (relating to criminal history), the court may, upon prior notice to the Government, waive subsection (f)(1) if the court specifies in writing the specific reasons why reliable information indicates that excluding the defendant pursuant to subsection (f)(1) substantially overrepresents the seriousness of the defendant’s criminal history or the likelihood that the defendant will commit other crimes. (2) Prohibition This subsection shall not apply to any defendant who has been convicted of a serious drug felony or a serious violent felony as defined in paragraphs (57) and (58), respectively, of section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (h) Definition of violent offense As used in this section, the term violent offense means a crime of violence , as defined in section 16, that is punishable by imprisonment. . (b) Applicability The amendments made by this section shall apply only to a conviction entered on or after the date of enactment of this Act. 103. Limitation on application of the 10-year mandatory minimum (a) Amendment Section 3553 of title 18, United States Code, as amended by section 102, is amended by adding at the end the following: (i) Limitation on applicability of certain statutory minimums Notwithstanding any other provision of law, in the case of a conviction under section 401 or 406 of the Controlled Substances Act ( 21 U.S.C. 841 and 846), section 1010 or 1013 of the Controlled Substances Import and Export Act ( 21 U.S.C. 960 and 963), or section 70503 or 70506 of title 46, for which the statutory minimum term of imprisonment is 10 years, the court may impose a sentence as if the statutory minimum term of imprisonment was 5 years, if the court finds at sentencing, after the Government has been afforded the opportunity to make a recommendation, that— (1)