MR. MARIO PUENTES SENTENCING MEMORANDUM . First Offense: Not more that 20 yrs. It goes into details like demographics; past criminal histories; and how these sentences compare to those involving other types of drug charges. If death or serious injury, not less than 20 yrs, or more than Life. WebThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences, a provision that would make an estimated 6,500 federal prisoners sentenced prior to the change in 10-13. [17] It punishes an activity that does not directly harm others. Some want to make it easier for people to get out of prison. A bipartisan group of senators led by Senate Judiciary Committee Chairman Chuck Grassley (R-IA) and Dick Durbin (D-IL) on October 1, 2015 introduced comprehensive legislation aimed at recalibrating prison sentences for certain drug offenders, narrowing mandatory minimum sentences to target violent criminals, and granting judges greater discretion at sentencing for lower-level drug crimes. WebOther Schedule I & II drugs (and any drug product containing Gamma Hydroxybutyric Acid) Any amount . [59] Human Rights Watch, Nation Behind Bars: A Human Rights Solution (New York: Human Rights Watch, 2014), https://www.hrw.org/news/2014/05/06/us-nation-behind- bars#:~:text=The%2036%2Dpage%20report%2C%20%E2%80%9C,highest%20reported%20rate%20of%20incarcerat ion, p. 3. The career-offender Guidelines con-trolled because they recommended a higher sentence than You have JavaScript disabled. 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. 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. Communities of color and low-income people are disproportionately impacted by drug arrests and the unintended consequences of those arrests. Once a court receives an inmates referral, it has until October 1, 2022, to resentence the inmate under the new law. Current guidelines require that judges impose on such a defendant a sentence under "Level 32" guidelines, requiring a 121 to 151 month incarceration. Share this via Twitter [51], It is time to rethink the criminalization paradigm. The Federal Drug Testing Laws defined various federal employees who could receive drug testing at any time. [21] Each of these steps is critical and I will address some of them further herein. Critical to criminal defense advocacy is the recognition in the USSC Report that many federal defendants faced enhancements under the USSG because of past convictions on marijuana crimes in state court. This is true even if that state has changed its marijuana laws or even made marijuana possession legal since the person was convicted on the state marijuana charge. Share this via Printer. Defendant was convicted of one count of conspiracy to distribute 50 grams or more of methamphetamine or 5 grams or more of actual, pure methamphetamine, two counts of distribution of heroin, and one count of distribution of heroin and methamphetamine. [43], At the time of the Human Rights Watch/ACLU report in 2016, all US states and the federal government criminalized possession of certain categories of drugs for personal use. Posted on February 27, 2023 by More broadly, because Black communities have been the principal targets in the war on drugs, the burden of drug arrests and incarceration falls disproportionately on Black people, their families, and neighborhoods. 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 For criminal defense lawyers who represent clients facing federal drug crime charges, the new USSC Report is a necessary read. The USSC Report focuses upon sentencing in cases for the offense of simple possession of marijuana. Essentially, it does two things: Here are its Key Findings as summarized by the USSC in its Summary: Federal Sentencings for Simple Possession of Marijuana, Impact of Prior Sentences for Simple Possession of Marijuana. WebManufacturing methamphetamine carries a federal sentence of up to 10 years imprisonment and a $250,000 fine for the first offense, and up to 20 years and a $500,000 fine for the second offense. The Strategy prioritizes a targeted response to drug traffickers and transnational criminal organizations (TCOs) by hitting them where it hurts the most: their wallets. It is the burden of increased police presence and surveillance which equals not just more drug arrests but more arrests in total, in addition to the other non-quantifiable damage that comes from living under police scrutiny. 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. Being charged with a federal drug crime could mean a serious punishment if the accused is found guilty. WebAnother influential change is reform to sentencing guidelines by the United States Sentencing Commission. The White House The Senate Judiciary Committee approved S. 2123 in a 15-5 vote on October 22, after rejecting several amendments. [56] Human Rights Watch, Every 25 Seconds, p. 13. 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. [12] Yet, the model that has been used for far too long in the US does little to help people whose drug use has become problematic. [28] Human Rights Watch, Every 25 Seconds, p. 5. [46] Criminalizing drugs is not an effective public safety policy. 3713 and S. 2123, respectively, and to support strong sentencing reform provisions in any final comprehensive reform package. WebFor certain controlled substances, the converted drug weights assigned in the Drug Conversion Tables at 2D1.1 are capped at specified amounts. The House just passed Sen. Cory Bookers EQUAL Act by a bipartisan vote, with the Biden administrations endorsement. WebThe FSA modifies mandatory minimum sentences for some drug traffickers with prior drug convictions by increasing the threshold for prior convictions that count toward triggering higher mandatory minimums for repeat offenders, reducing the 20-year mandatory minimum (applicable where the offender has one prior qualifying conviction) to a 15-year Each year, the Commission reviews and refines these policies in light of congressional action, decisions from courts of appeals, sentencing-related research, and input from the criminal justice community. The Commission establishes sentencing policies and practices for the federal courts. New York Penal Law Sections 221.05 - 221.30 (possession of marijuana) Penalties and Sentences. 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. Your email address will not be published. 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. 15-CR-00449-RSH-2. 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. In addition to the vast numbers of people arrested for simple drug possession, many other people end up behind bars and serving extremely harsh sentences, often for low-level drug sales, crimes generally committed to support drug use or to alleviate poverty. Tennessees legislature is expected to consider major changes to the states criminal sentencing guidelines in the new session. Defendant stole over $400,000 from her elderly uncle. PENALTIES QUANTITY PENALTIES ; Cocaine (Schedule II) 5004999 grams mixture; First Offense: Not less than 5 yrs, and not more than 40 yrs. Finally, it emphasizes the need to develop stronger data collection and analysis systems to better deploy public health interventions. The Senate Judiciary Committee held a hearing on S. 2123 October 19. Elmira Man Pleads Guilty to Federal Drug Crime. WebAnother recent publication worthy of study by federal criminal defense lawyers is the new January 2023 report of the United States Sentencing Commission (USSC), written by See: The New 2016 Marijuana Laws: What It Means For Texas. Serious changes occurred by the adoption of newly defined federal drug crimes and totally new [63] Human Rights Watch, Nation Behind Bars, p. 1. For 40.1 percent (n=1,765) of these offenders, the points assigned to their prior marijuana possession sentences resulted in a higher criminal history category, which in turn resulted in a higher sentencing guideline range. 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. 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. [26] United States Centers for Disease Control and Prevention, National Center for Health Statistics, Use of selected substances in the past month among persons aged 12 years and over, by age, sex, and race and Hispanic origin: United States, selected years 20022018, https://www.cdc.gov/nchs/data/hus/2019/020-508.pdf (accessed March 8, 2021). Michael Lowe is Celebrating Over 20 YEARS of Service. 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. From Guilty Plea to Sentencing Hearing in a Drug Case, Prosecutors Have Standards to Follow: the Federal Principles of Prosecution. 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. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. When the guidelines are amended, a subsequent, In this section, you will find the Commissions comprehensive archive of yearly amendments and. For example, some states still have legal barriers that limit access to naloxone, and even in states where those barriers dont exist, naloxone does not always make it to those most at-risk of an overdose. 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. Each year, the Commission reviews and refines these policies in light of congressional action, decisions from courts of appeals, sentencing-related research, and input from the criminal justice community. 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). Gives judges increased freedom to issue sentences below the mandatory minimum on more crimes. This bill reduces statutory mandatory minimum penalties for certain drug offenses, requires reporting on the impact of cost savings from the reductions, and establishes a public database of federal criminal offenses. The Commission collects, analyzes, and disseminates a broad array of information on federal crime and sentencing practices. On behalf of Human Rights Watch, I wish to thank Chairman Nadler, Subcommittee Chair, Sheila Jackson Lee, Ranking Chair, Andy Biggs, Subcommittee Vice-Chair, Cori Bush and all members of the US House Committee on the Judiciarys Subcommittee on Crime, Terrorism and Homeland Security, for the opportunity and privilege to submit this statement for its hearing to address Controlled Substances: Federal Policies and Enforcement. Serious changes occurred by the adoption of newly defined federal drug crimes and totally new Massachusetts partially reforms its mandatory drug sentencing laws As detailed in this press release from Families Against Mandatory Minimums, over the The resulting sentencing guidelines provide structure for the courts sentencing discretion to help ensure that similar offenders who commit similar offenses receive similar sentences. A serious punishment if the accused is found guilty and sentences harm others p. 13 States. 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