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. What the USSC Report advises is that federal policy regarding marijuana possession appears to be shifting. 9 Once an inmate reached the new date of parole eligibility, the inmate would proceed through the normal 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 Human Rights Watch is a 501(C)(3)nonprofit registered in the US under EIN: 13-2875808. [47], Criminalization is also a counterproductive public health strategy. [17] It punishes an activity that does not directly harm others. The Second Look Act would allow any individual who has served at least 10 years in federal prison to petition a court to take a second look at their sentence before a judge and determine whether they are eligible for a sentence reduction or release. [28] In Manhattan, for example, we found that Black people were eleven times as likely as white people to be arrested for simple drug possession. Some want to make it easier for people to get out of prison. The Commission looks forward to hearing more from experts and researching more fully the benefits of these programs.. [32] A fresh and evidence-based rethinking of the drug war paradigm that includes moving away from criminalization of simple drug possession is needed. The Mandatory Minimum Reform Act of 2020 would eliminate mandatory minimum sentences for drug offenses. The House Judiciary Committee approved H.R. [10] There are injustices and corresponding harms at every stage of the criminal process, harms that are all the more apparent when, as often happens, police, prosecutors, or judges respond to drug use as aggressively as the law allows. 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. Avoid delay in passing legislation making the sentencing reforms enacted in the First Step Act of 2018 retroactive. Fine of not more than $5 million The Justice Safety Valve Act of 2019 which would allow courts to impose a sentence below a mandatory minimum if the court finds that it is necessary to do so in order to impose a sentence that is not greater than necessary to comply with the statutory purpose of sentencing laid out in 18 U.S.C. This procedural option is not yet accounted for in the guidelines, leading most appellate courts to hold that the Commissions policy statement governing compassionate release does not apply to motions filed by defendants. Fine $1 million if an individual, $5 million if not an individual. Se habla Espaol. Meanwhile, since 2014 there have been less and less federal AUSAs pursuing federal marijuana possession charges despite the literal language of the CSA. From the Report: Across all judicial districts, the overall number of marijuana possession sentencings followed the same pattern, declining from a high of 2,172 in fiscal year 2014 to a low of 145 in fiscal year 2021. Share sensitive information only on official, secure websites. The MORE Act removes marijuana from the Controlled Substances Act and begins to repair the harm marijuana prohibition has caused to millions of people, particularly people of color, by establishing a fund for social equity programs to reinvest in affected communities. Get the world's top human rights news, straight to your inbox. One reason for this gap is that people with addiction and those who care for them face too many barriers to treatment. The Presidents National Drug Control Strategy is the first-ever to champion harm reduction to meet people where they are and engage them in care and services. Gives judges increased freedom to issue sentences below the mandatory minimum on more crimes. [51], It is time to rethink the criminalization paradigm. Allows reduced sentences to be retroactively applied for crimes a person committed under the age of 18 if they serve at least 20 years and are not an immediate danger to anyone. The criminal provisions of the comprehensive Drug Abuse and Control Act did not just change existing law. Serious changes occurred by the adoption of newly defined federal drug crimes and totally new [56] On the contrary, it requires a more direct focus on effective measures to reduce the harms associated with problematic drug use, and providing voluntary access to treatment and support for those who struggle with it. 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. 5 . [57] Ultimately, the criminal law does not achieve these important ends, and causes additional harm and loss instead. endstream endobj startxref hbbd```b``"H\vD2KlY0 f"X,lBXXL.` D} RlZg b"m~.F6QPl`H7i!3` Webschedule II drug. Being charged with a federal drug crime could mean a serious punishment if the accused is found guilty. The Act expanded eligibility to certain offenders with more than one criminal history point. 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 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. 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. MR. MARIO PUENTES SENTENCING MEMORANDUM . It goes into details like demographics; past criminal histories; and how these sentences compare to those involving other types of drug charges. ) or https:// means youve safely connected to the .gov website. 3713), to reduce the length of mandatory minimums for nonviolent drug offenders, modify the federal safety valve to provide sentencing judges with discretion to sentence below mandatory minimum floors in qualified cases, and give retroactive effect to the 2010 Fair Sentencing Act. On February 11, 2016, the House Judiciary Committee by voice vote approved H.R. Share this via Telegram The legislation also includes provisions to ban solitary confinement for juveniles, allows juveniles sentenced to life to seek a reduction in sentences after 20 years, and provides authority for expungement of juvenile records for most non-violent offenses. Web2022 Sentencing Guidelines and Commentary The 2022 Sentencing Guidelines* are effective August 1, and determine the presumptive sentence for felony offenses committed on or after the effective date. Sentencing Commission shows judges rejected more than 80% of compassionate release requests filed from October 2019 through September 2022. [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. Harsh sentencing guidelines. 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 authors of the USSC Report acknowledge the changing tide in marijuana possession laws among the states and territories, with more and more jurisdictions not only permitting marijuana use for medicinal purposes but allowing personal recreational marijuana use in small amounts (decriminalization). Share this via Reddit 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. Federal sentencing guidelines take into account not only the amount of marijuana but also past convictions. (32)(A)). USSC Report, p. 1. Connecticut Supreme Court building in Hartford. Marijuana appears alongside drugs like heroin, LSD, methaqualone, and ecstasy as a Schedule I Controlled Substance in the CSA. These are defined in the law as having no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse., By comparison, oxycodone and fentanyl are both categorized as lesser Schedule II controlled substances, defined as having a high potential for abuse which may lead to severe psychological or physical dependence.. WebThe growth of mandatory minimum sentencing laws. The package also seeks to curb recidivism by helping prisoners successfully reenter society. This press release made available at FAMM provides this report on a new state bar report urging drug sentencing reforms in Massachusetts: Massachusetts must 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. April 29, 2022 WASHINGTON The Equal Act would appear to be a slam dunk even in a badly divided Congress. (September 2022) This primer provides an overview of the statutes, sentencing guidelines, and case law applicable to federal drug offenses. 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 Racial disparities in drug arrests reflect a history of complex political, criminal justice, and socio-economic dynamics, each individually and cumulatively affected by racial concerns and tensions. [40] The Sentencing Project, Locked Out 2020: Estimates of People Denied Voting Rights Due to a Felony Conviction, October 30, 2020, https://www.sentencingproject.org/publications/locked-out-2020-estimates-of-people-denied-voting-rights-due-to-a-felony-conviction/ (accessed March 9, 2021), p. 1. [1] Human Rights Watch and the American Civil Liberties Union, Every 25 Seconds: The Human Toll of Criminalizing Drug Use in the United States (New York: Human Rights Watch, 2016), https://www.hrw.org/report/2016/10/12/every-25-seconds/human-toll-criminalizing-drug-use-united-states 2016, p. 2. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. You have JavaScript disabled. The U.S. Department of Justice said it would allocate $75 million to fund the First Step Act this year, adding a new risk and needs assessment system designed to assess inmates risks of recidivism and to identify their individualized needs to reduce their risks of re-offending. For certain controlled substances, the converted drug weights assigned in the Drug Conversion Tables at 2D1.1 are capped at specified amounts. My name is Nicole Austin- Hillery and I am the Executive Director of the US Program at Human Rights Watch. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); With more than 150 jury trials under his belt, Michael Lowe has strong and varied courtroom experience. Although the primer identifies some of the key cases and concepts, it is not a comprehensive compilation of authority nor intended to be a substitute for independent research and analysis of primary sources. 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. 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. Nearly 70% of the nation's federal drug trafficking defendants will have their sentences reduced by an average of 11 months, thanks to recent amendments to U.S. federal sentencing laws for drug crimes by the U.S. Shown Here: Introduced in Senate (03/25/2021) Smarter Sentencing Act of 2021. 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. 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. It also calls for actions that will expand access to evidence-based treatments that have been shown to reduce overdose risk and mortality. In this section, you can follow the Commissions work through the amendment cycle as priorities are set, research is performed, testimony is heard, and amendments are adopted. Drug Conversion Calculator. The New York State Police and DEA investigated the case, with assistance from the Elmira Police Department. 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 [16] Human Rights Watch, Every 25 Seconds, p. 3. In Texas, there are mandatory minimum sentences for someone found guilty of a federal drug crime. [5] Human Rights Watch, Every 25 Seconds, p. 2. [14] Indeed, the last decade has seen a dramatic rise in overdose deaths, hitting over 81,000the highest number ever recorded by the Centers for Disease Control and Prevention in the year that ended in 2020, despite widespread criminalization of simple drug possession. Please enable JavaScript to use this feature. Assistant U.S. Attorney Matthew J. McCrobie is prosecuting the case. Share this via Printer. The Biden-Harris Administration has already taken significant actions to address addiction and the overdose epidemic based on the Presidents Drug Policy Priorities for Year One. 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. About ten percent (10.2%) of these offenders (n=448) had no criminal history points other than those assigned for prior marijuana possession sentences. On appeal, he challenged the district courts denial of his motion for a 1670 0 obj <> endobj Communities of color and low-income people are disproportionately impacted by drug arrests and the unintended consequences of those arrests. [62] Drug Policy Alliance, Dismantling the Federal Drug War: A Comprehensive Drug Decriminalization Framework, July 29, 2020, https://drugpolicy.org/resource/dismantling-federal-drug-war-comprehensive-drug-decriminalization-framework-drug-policy (accessed March 9, 2021), p. 1. [65] Human Rights Watch, Nation Behind Bars, p. 8. [53] Other countriesand now some states in the US (in particular, Oregon) are experimenting with models of decriminalization that the US can examine to help chart a path forward. The Senate Judiciary Committee held a hearing on S. 2123 October 19. (1) promulgate the guidelines, policy statements, or amendments provided for in this Act as soon as practicable, and in any event not later than 120 days after the 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. Federal law allows states to lock people out of welfare assistance and public housing for years and sometimes even for life based on a drug conviction. 3553(a). [31] Human Rights Watch, Decades of Disparity, p. 1. The impact of a drug conviction can, and often does, impact multiple facets of an individuals life beyond the experience of incarceration. An additional 14.7 percent of the marijuana priors were assigned two points under 4A1.1(b), which applies to prior sentences of at least 60 days imprisonment, and 6.0 percent of the marijuana priors were assigned three points under 4A1.1(a), which applies to prior sentences of imprisonment exceeding one year and one month. These sentences are criminal penalties that limit judicial discretion and require judges to impose a specified minimum term of imprisonment upon conviction.[66] Nearly two-thirds of all federal drug sentences are subject to mandatory minimums. Sentencing Commission data has showed that 87.5 percent of the people serving federal prison time for drug trafficking offenses primarily involving crack When the guidelines are amended, a subsequent, In this section, you will find the Commissions comprehensive archive of yearly amendments and. Nearly half of all federal prisoners are serving sentences for nonviolent drug crimes. The U.S. Supreme Court ruled Monday that some crack cocaine offenders sentenced to harsh prison terms more than a decade ago cannot get their sentences 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. 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. 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.. [72] The Justice Roundtable, Transformative Justice, p. 45. Notably, the government does not defend the position of at least three circuit courts of appeals: that district judges are prohibited from considering certain new developments, such as intervening case law or updates to the Federal Sentencing Guidelines that may have affected a defendants sentence if they had been in place at the Congress has an opportunity to make transformative changes to drug policies that finally provide an equitable, compassionate, and sound solution to addressing the numerous concerns laid out in this testimony. In this section, you will find resources to assist you in understanding and applying the federal sentencing guidelines. [27] Human Rights Watch also found stark racial disparities in arrest rates for drug possession even in the same state or city. Share this via Email 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 [58], Almost 30 years of harsh sentencing laws have left the US with over 2.2 million people behind bars. Spurred in part by the Senate, House Judiciary Chair Bob Goodlatte (R-VA) and Ranking Member John Conyers, Jr. (D-MI) reached agreement on a bipartisan House counterpart bill, H.R. [42] The harms experienced by people who use drugs, and their families and broader communities, as a result of the enforcement of these laws, may constitute additional, separate human rights violations. Lastly, the National Drug Control Strategy includes three companion documents that direct Federal agencies to take actions that stop the trafficking of drugs across our Caribbean, Northern, and Southwest Borders. As part of his guilty plea, Walker admitted that on February 12, 2022, he drove a rental vehicle from his residence in Elmira to Cortland, New York. Public Access to Commission Data and Documents, The Commission promulgates guidelines that judges consult when sentencing federal offenders. From Guilty Plea to Sentencing Hearing in a Drug Case, Prosecutors Have Standards to Follow: the Federal Principles of Prosecution. The prospective sentencing reforms incorporated in the First Step Act, including reduced sentencing enhancements for prior drug offenses, clarification that the But those changes could take two drastically different directions. If convicted he faces between 5 and 40 years in prison, a fine of up to $5,000,000 and a supervised release term of at least 4 years and up to life. In addition to reducing prison terms for certain offenders through sentencing reform, the bill includes provisions from the prison reform CORRECTIONS Act introduced by Senators Cornyn and Whitehouse. [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). 2D1.1 are capped at specified amounts weights assigned in the same State or city drug sentences are to! It also calls for actions that will expand access to evidence-based treatments that have been shown to reduce overdose and. 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