[56] Human Rights Watch, Every 25 Seconds, p. 13. Insofar as individual federal representations, the USSC Report may be helpful in negotiations with the AUSA when the case involves a prior simple marijuana possession charge. The USSC Report successfully identifies the unfairness of the current system where a cannabis possession conviction can mean a significantly enhanced sentence because of a higher criminal history calculation in the USSG. mr. mario puentes sentencing memorandum . The law will allow courts to grant probation or suspend sentences a practice currently prohibited by state law for people convicted of nonviolent drug offenses and Senate Majority Leader Mitch McConnell (R-KY) has maintained for several months that he will not schedule the bill for floor action until it gains broader Republican support. The Commission identified 4,405 offenders sentenced in fiscal year 2021 who received criminal history points under 4A1.1 for prior marijuana possession sentences, representing 8.0 percent of all offenders sentenced that year. For criminal defense practitioners, this is a big deal. Why? The USSC has the power to investigate, research, draft, edit, promulgate, and amend the United States Sentencing Guidelines (USSG). The USSG, in turn, control what punishment can be assessed in a federal case after conviction. For review, the current USSG Manual can be accessed online. In this section, learn about the Commissions mission, structure, and ongoing work. Share this via Reddit 14 For example, there is a 5-year mandatory minimum and a 40-year maximum sentence for possessing (with the intent to distribute) 5 grams of meth, 100 [8] What these numbers tell us is that there is a human cost to criminalizing personal drug use and possession in the United States. [61] Specifically, for most of the past century,[62] Congress and state legislatures simultaneously adopted harsher sentencing laws, including mandatory minimums and habitual offender statutes.[63]. Additional legislative proposals that can contribute to reducing the excessive punishment brought on by the war on drugs, which Congress should undertake and pass, include: Thank you for the opportunity to submit this testimony. As of September 30, 2021, marijuana remains illegal in the State of Texas while more and more states are allowing its use within the state jurisdiction. See Map, USSC Report, p. 4. For more on how the sentencing guidelines work in a particular case, read some of our earlier discussions of the USSG with examples of how the Sentencing Tables are used: The newly published USSC Report is the latest in a series of research reports compiled by the USSC. It builds upon an earlier report entitled Simple Possession Of Drugs in the Federal Criminal Justice System, published by the Commission on September 21, 2016. While USSC research reports are not the stuff of formal amendments to the USSG themselves, they are still very important. On appeal, he challenged the district courts denial of his motion for a Tennessees legislature is expected to consider major changes to the states criminal sentencing guidelines in the new session. [24], Data analyzed by Human Rights Watch shows that, over the course of their lives, white people are more likely than Black people to use illicit drugs in general, as well as marijuana, cocaine, heroin, methamphetamines, and prescription drugs (for non-medical purposes) specifically. [61] Tom LoBianco, Report: Aide says Nixons war on drugs targeted blacks, hippies, CNN, March 24, 2016, https://www.cnn.com/2016/03/23/politics/john-ehrlichman-richard-nixon-drug-war-blacks-hippie/index.html (accessed March 9, 2021). For more information, check out ourweb resources,readMichael Lowes Case Results,and read his in-depth article,Federal Sentencing Guidelines on Federal Child Pornography cases.. Web*The minimum sentence for a violation after two or more prior convictions for a felony drug offense have become final is a mandatory term of life imprisonment without release and What the USSC Report advises is that federal policy regarding marijuana possession appears to be shifting. [31] Human Rights Watch, Decades of Disparity, p. 1. Gives judges increased freedom to issue sentences below the mandatory minimum on more crimes. Many states facing unsustainable prison growth have enacted sentencing reforms to expand alternatives to incarceration and shorten sentences for non-violent offenders, with good results. [3] United States Department of Justice, Federal Bureau of Investigation, Crime in the United States, 2019, September 28, 2020, https://www.fbi.gov/news/pressrel/press-releases/fbi-releases-2019-crime-statistics (accessed March 8, 2021). 9 Once an inmate reached the new date of parole eligibility, the inmate would proceed through the normal Under federal law, as defined in the USSC Report, [s]imple possession of marijuana refers to possessing a small amount of marijuana to consume or use, but without an intent to sell or give it to another person. USSC Report, p. 1. [15], Governments and communities have a legitimate interest in preventing problematic substance use. (September 2022) This primer provides an overview of the statutes, sentencing guidelines, and case law applicable to federal drug offenses. In addition to excessive sentences, including lengthy probation terms, frequently with onerous conditions,[34] there is massive criminal justice debt and restrictions that impact ones ability to function within their families and communities. Arrest Statistics Say No, New York Times, November 5, 2019, https://www.nytimes.com/2019/11/05/upshot/is-the-war-on-drugs-over-arrest-statistics-say-no.html(accessed March 9, 2021). See US Department of Justice, Criminal Justice Information Services Division, Federal Bureau of Investigation, 2019, Table 29 https://ucr.fbi.gov/crime-in- the-u.s/2019/crime-in-the-u.s.-2019/topic-pages/persons-arrested and Persons Arrested data showing that 86.7 percent of arrests for drug abuse violations in 2019 were for possession https://ucr.fbi.gov/crime-in-the- u.s/2019/crime-in-the-u.s.-2019/topic-pages/persons-arrested (accessed March 9, 2021); see also Human Rights Watch, Every 25 Seconds, p. 37. The ABA supports comprehensive federal sentencing reform to address over-incarceration, including expansion of alternatives to prison, greater use of drug courts and community confinement for drug offenders, and restoration of discretion for sentencing judges. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Your email address will not be published. In Part Two, the USSC considers both federal and state law in prior sentences for simple marijuana possession and analyzes how they impact USSG criminal history calculations for new federal offenses. Unfortunately, these changes are not retroactive, and it is estimated at least four thousand people in federal prison today serving sentences under now-reformed statutes will not benefit, including many people who will die in prison without retroactivity.[68]. I have worked as both a civil and human rights attorney and advocate on criminal justice issues for over a decade, including the interconnected issues of reform, drug policy and racial justice as they relate to the criminal justice system. Going After Drug Trafficking and Illicit Drug ProfitsLaw enforcement agencies at all levelsfederal, state, local, Tribal, and territorialwork to reduce domestic and international cultivated and synthetic drug production and trafficking with the goal of protecting Americans. Walker further admitted that he also possessed 137 grams of cocaine in the vehicle. Human Rights Watch is an international organization with staff in more than 40 countries which works to defend the rights of people worldwide. The First Step Act amended the statute providing for compassionate release to allow defendants for the first time to file for compassionate release, without having the Director of the Bureau of Prisons make a motion. The United States Sentencing Commission, an independent agency in the judicial branch of the federal government, was organized in 1985 to develop a national sentencing policy for the federal courts. The Commission establishes sentencing policies and practices for the federal courts. About ten percent (10.2%) of these offenders (n=448) had no criminal history points other than those assigned for prior marijuana possession sentences. 3713, the Sentencing Reform Act of 2015, introduced on October 8, 2015. The Commission collects, analyzes, and disseminates a broad array of information on federal crime and sentencing practices. He intended to meet another individual in the parking lot of a Cortland business to sell to that individual 447 grams of pure methamphetamine, which Walker had in the trunk of the vehicle. This is due in significant degree to the proliferation of mandatory minimum sentences. From the Report: The majority (79.3%) of the 5,878 prior marijuana possession sentences (marijuana priors) were assigned one point under 4A1.1(c), which applies to any prior sentence of less than 60 days imprisonment, including non-custodial sentences (Figure 7). H.R.3713 has 21 cosponsors and has been jointly referred to the House Judiciary and House Energy and Commerce Committees. The Commission also set out its intent to implement criminal provisions contained in the Bipartisan Safer Communities Act, which includes increased penalties for certain firearms offenses, and other legislative enactments that require Commission action. The Act expanded eligibility to certain offenders with more than one criminal history point. [50] Criminalization undermines the right to health, as fear of law enforcement can drive people who use drugs underground, deterring them from accessing health services and emergency medicine and leading to illness and sometimes fatal overdose. /content/aba-cms-dotorg/en/advocacy/governmental_legislative_work/priorities_policy/criminal_justice_system_improvements/federalsentencingreform. [15] United States Centers for Disease Control and Prevention, Overdose Deaths Accelerating During COVID-19,: Expanded Prevention Efforts Needed, CDC press release, December 17, 2020, https://www.cdc.gov/media/releases/2020/p1218-overdose-deaths-covid-19.html (accessed March 9, 2021). Comments are welcomed here and I will respond to you -- but please, no requests for personal legal advice here and nothing that's promoting your business or product. United States Attorney Carla B. Freedman, Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration-New York Division, and Steven A. Nigrelli, Acting Superintendent of the New York State Police made the announcement. [9] Criminalizing simple drug possession has caused dramatic and unnecessary harms around the country, both for individuals and for communities that are subject to discriminatory enforcement. WebFor these inmates, the CDCR Secretary and county correctional administrator must refer the inmates information to the sentencing court by March 1, 2022. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 see e.g., 27 Human Rights Watch is a 501(C)(3)nonprofit registered in the US under EIN: 13-2875808. Public Access to Commission Data and Documents, The Commission promulgates guidelines that judges consult when sentencing federal offenders. April 29, 2022 WASHINGTON The Equal Act would appear to be a slam dunk even in a badly divided Congress. One reason for this gap is that people with addiction and those who care for them face too many barriers to treatment. Drug Conversion Calculator. This website is produced and published at U.S. taxpayer expense. The U.S. Opt in to send and receive text messages from President Biden. Help us continue to fight human rights abuses. The new sentencing commission chair, Carlton Reeves, said during a public hearing in October that setting new guidelines for compassionate release is a top priority. WASHINGTON, D.C.. Tennessees legislature is expected to consider major changes to the states criminal sentencing guidelines in the new session. 1775 0 obj <>stream [47], Criminalization is also a counterproductive public health strategy. The conflicting holdings and varying results across circuits and districts suggest that the courts could benefit from updated guidance from the Commission, which is why we have set this as an important part of our agenda this year, said Judge Carlton W. Reeves, chair of the Commission.. A defendant convicted of a class A-1 felony (possession of 8 or more ounces of substances containing a narcotic drug or 5,760 milligrams of methadone) may be sentenced to a term of 8 to 20 years imprisonment or a fine of $100,000. The U.S. The career-offender Guidelines con-trolled because they recommended a higher sentence than A defendant convicted of a federal drug crime could previously receive the following penalties under the Anti-Drug Abuse Act: A conviction of a drug offense involving the trafficking of 500 grams or more of powder cocaine carried a mandatory minimum sentence of at least five years in prison. Others want to make it harder. I have served in leadership roles in national organizations where I oversaw work focused on how to improve our justice system to provide fair and racially equitable policies regarding drug enforcement and treatment. 5283, the Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act of 2016 (DUE PROCESS Act) by voice vote on May 25, 2016. The House Judiciary Committee approved bipartisan legislation to overhaul federal civil asset forfeiture laws, H.R. U.S. The USSC HelpLine assists practitioners in applying the guidelines. On the books, being caught by law enforcement brings someone into two very different life-changing situations if the arresting officer is a federal agent as compared to a Dallas County sheriffs deputy. Two reasons. Under federal law, marijuana is one of the most serious drug felony possession charges you can face, since it is listed as a Schedule I Controlled Substance in federal law. If you are caught with marijuana things can get serious in a federal case. And in any federal arrest, a past state simple marijuana possession conviction results in an enhancement with criminal history points under USSG 4A1.1. The cost to those incarcerated, their families and communities, is devastating. The Strategy builds on the Presidents FY 23 budget request for a $300 million increase to support the work of Customs and Border Protection (CBP)one of the largest At sentencing, scheduled for June 21, 2023, Walker faces at least 10 years and up to life in federal prison, a maximum fine of $10,000,000, and a term of post-imprisonment supervised release of at least 5 years and up to life. Today, President Biden sent his Administrations inaugural National Drug Control Strategy to Congress at a time when drug overdoses have taken a heartbreaking toll, claiming 106,854 lives in the most recent 12-month period. Similarly, key tools like naloxone and syringe services programs are often restricted or underfunded at the community level, which limits access for people who use drugs. At the same time, in the wake of the COVID-19 pandemic, the debate about what constitutes extraordinary and compelling reasons for compassionate release took center stage across the nation with differing results. WebThe Sentencing Commission was created in 1987 to combat sentencing disparities across jurisdictions. [38] In addition, they bear the stigma associated with the labels of drug offender the state has stamped on them, subjecting them to private discrimination in their daily interactions with landlords, employers, and peers. The resulting calculations in the Drug Conversion Calculator already consider such minimum base offense levels and caps. Substance 1 Substance 2 Substance 3 0 The criminal provisions of the comprehensive Drug Abuse and Control Act did not just change existing law. Over-reliance on prison is fiscally unsustainable and has imposed a burdensome human toll and a disparate impact on African-American and Latino persons and communities. In this section, you will find resources to assist you in understanding and applying the federal sentencing guidelines. 3713 and S. 2123, respectively, and to support strong sentencing reform provisions in any final comprehensive reform package. You have JavaScript disabled. [24] Human Rights Watch, Every 25 Seconds, p. 4. WebThe growth of mandatory minimum sentencing laws. My name is Nicole Austin- Hillery and I am the Executive Director of the US Program at Human Rights Watch. DallasJustice.com, Law offices of Michael Lowe, Policy Changes in Charges, Pleas, and Sentencing for Federal Drug Crime Prosecutions: New AG Garland DOJ Directive, USSC has the power to investigate, research, draft, edit, promulgate, and amend the United States Sentencing Guidelines, the current USSG Manual can be accessed online, Heroin Trafficking In Texas And Federal Sentencing Guidelines, Federal Sentencing Guidelines: Conspiracy to Distribute Controlled Substance Cases, The New 2016 Marijuana Laws: What It Means For Texas, as lesser Schedule II controlled substances, Fentanyl Charges Under Federal Law: Felonies And Range Of Sentencing, Texas Governors Designation of Mexican Cartels As Terrorist Organizations: Criminal Defense Perspective, Plea Bargaining and Making Deals in Federal Felony Cases: Criminal Defense Overview, Bail after Federal Arrest in Texas and The Bail Reform Act of 1984, What Happens When You Plead Guilty to a Federal Drug Crime? endstream endobj startxref Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. Being charged with a federal drug crime could mean a serious punishment if the accused is found guilty. hb``a``^3Ab@q9 LxS @M n@$L7iI g`c}Pi\/f2maNbf>_T%<2fuh=aMl?2X4G6LA. We'll be in touch with the latest information on how President Biden and his administration are working for the American people, as well as ways you can get involved and help our country build back better. Se habla Espaol. The Federal Drug Testing Laws defined various federal employees who could receive drug testing at any time. It would reduce the volume required to trigger five-year mandatory minimum sentences for powder cocaine from 500 grams to 400 grams, and from 5 kilograms to 4 kilograms for 10-year mandatory minimum 1698 0 obj <>/Filter/FlateDecode/ID[<6250C5209F8E424C81546E61397A5135><10E6829CBB4E4A459A637594FDD47748>]/Index[1670 106]/Info 1669 0 R/Length 134/Prev 239075/Root 1671 0 R/Size 1776/Type/XRef/W[1 3 1]>>stream For federal offenders sentenced for any crime type, however, prior marijuana possession sentencesboth federal and stateoften affected their criminal history calculations under the guidelines. This is a moment to recognize and address the harms that harsh, disparate policies that have focused more on punishment than supporting healthy individuals, families and communities have had on the people, particularly those who are Black and low-income. If death or serious injury, not less than 20 or more than life. [39], In 2021, the nation experienced a national election with record-breaking numbers of voters engaged in the electoral process, yet 5.2 million Americans were forbidden to vote because of felony disenfranchisement, or laws restricting voting rights for those convicted of felony-level crimes.[40] Many of these individuals have a drug conviction that prevents them from enjoying full civic participation. The Commission serves as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public. This, of course, flies in the face of the continued classification of marijuana as a Schedule I controlled substance under the federal Controlled Substances Act (CSA) (21 USC 802. These positions were referred to as Testing Designated Positions (TDPs). However, these steps are simply not enoughit is time to have a real, honest and critical discussion about the criminalization of drug use and what steps must be taken to rethink reform. In this section, you will find a comprehensive collection of research and data reports published on sentencing issues and other areas of federal crime. Many states have enacted bipartisan smart-on-crime reforms that achieve significant cost savings and reduce crime. 5 . In addition, the First Step Act made changes to the safety valve, which relieves certain drug trafficking offenders from statutory mandatory minimum penalties. The current mandatory minimum sentences were enacted in a 1986 drug bill. Reform of the federal criminal justice system is urgently needed to restore balance to a system in crisis. This website is produced and published at U.S. taxpayer expense. [67] The prospective sentencing reforms incorporated in the First Step Act, including reduced sentencing enhancements for prior drug offenses, clarification that the 25-year mandatory minimum for certain firearm offenses is reserved for true recidivists, and expanded safety valve relief for certain nonviolent drug offenses, will help to limit excessive sentences in the future. It also includes efforts to strengthen domestic law enforcement cooperation to disrupt the trafficking of illicit drugs within the United States, and increase collaboration with international partners to disrupt the supply chain of illicit substances and the precursor chemicals used to produce them. Strong sentencing reform is the key to addressing federal over-incarceration, like that proposed in the Senate Sentencing Reform and Corrections Act (S. 2123) and the House Sentencing Reform Act (H.R. The criminalization of drug possession for personal use is also inherently problematic because it represents a restriction on individual rights that is neither necessary nor proportionate to the goals it seeks to accomplish. The Strategy focuses on two critical drivers of the epidemic: untreated addiction and drug trafficking. 2022 American Bar Association, all rights reserved. As an example, earlier this month we discussed how influential a single memorandum sent by the Attorney General of the United States to all federal prosecutors will be in future criminal defense cases involving federal felony charges. Read, Policy Changes in Charges, Pleas, and Sentencing for Federal Drug Crime Prosecutions: New AG Garland DOJ Directive. Elmira Man Pleads Guilty to Federal Drug Crime. [74] US: House Votes to End Marijuana Prohibition, Human Rights Watch News release, December 4, 2020, https://www.hrw.org/news/2020/12/04/us-house-votes-end-marijuana-prohibition. 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