Serious changes occurred by the adoption of newly defined federal drug crimes and totally new [44] Last year, Oregon took an important step, with a majority of voters approving a ballot initiative that shifts the state away from criminalization and toward a health-centered approach to drug use, investing in voluntary treatment, services, and support for people who are struggling with problematic drug use. 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. The Commission is appreciative of the feedback it has received from all corners of the federal sentencing community, stated Reeves. 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. [64] Human Rights Watch, Revoked, p. 132. (32)(A)). USSC Report, p. 1. 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. [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]. 15-cr-00449-rsh-2. United States Sentencing Commission, Guidelines Manual 4B1.1(b) (Nov. 2008) (USSG). [2] In 2019, there were 1.35 million arrests for drug possession in the US, up from 1.25 million in 2015, the number upon which Human Rights Watch relied in its Every 25 Seconds report. (1) A person possessing or using a controlled substance in an amount no greater than the benchmark amount (determined by the Commission on Substance Use, 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. Fine $1 million if an individual, $5 million if not an individual. The President also asked for expedited review of marijuanas scheduling under the CSA. 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. 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. [3] More than one of every seven arrests by state law enforcement is for simple drug possession. The 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 law eligible to petition for sentence reduction. April 29, 2022 WASHINGTON The Equal Act would appear to be a slam dunk even in a badly divided Congress. 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 Serious changes occurred by the adoption of newly defined federal drug crimes and totally new In this section, you will find resources to assist you in understanding and applying the federal sentencing guidelines. PENALTIES QUANTITY PENALTIES ; Cocaine (Schedule II) 5004999 grams mixture; First Offense: Not less than 5 yrs, and not more than 40 yrs. But those changes could take two drastically different directions. 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. Federal sentencing guidelines take into account not only the amount of marijuana but also past convictions. 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 15-CR-00449-RSH-2. It goes into details like demographics; past criminal histories; and how these sentences compare to those involving other types of drug charges. 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). 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. [45] Ibid., p. 12; Susan Stellin, Is the War on Drugs Over? [18], More broadly, the war on drugs has contributed significantly to the problem of mass incarceration in the United States. 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. See: The New 2016 Marijuana Laws: What It Means For Texas. 3713 by voice vote on November 18, 2015. The Guidelines remain in effect until the next publication. 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? [51], It is time to rethink the criminalization paradigm. [8] What these numbers tell us is that there is a human cost to criminalizing personal drug use and possession in the United States. Share this via Printer. It also approved on November 18 by voice vote a separate bill, H.R. %%EOF Avoid delay in passing legislation making the sentencing reforms enacted in the First Step Act of 2018 retroactive. If death or serious injury, not less than 20 or more than life. [13] Voluntary treatment for those who need and want it is often unavailable, and criminalization tends to drive people who use drugs underground, making it less likely they will access care and more likely they will engage in unsafe practices that make them vulnerable to disease and overdose. Assistant U.S. Attorney Matthew J. McCrobie is prosecuting the case. Sentencing Commission. Human Rights Watch is not aware of any empirical evidence that low-level drug possession defendants would otherwise go on to commit violent crimes. These provisions would allow qualifying inmates to earn reduced sentences through participation in recidivism reduction prison programs including work, job training, drug treatment and faith-based activities. On appeal, he challenged the district courts denial of his motion for a I am honored to have this opportunity to address the committee regarding ways to effectively, and fairly, approach drug policy in the United States. 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. 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. [17] It punishes an activity that does not directly harm others. This report updates an earlier 2016 research study conducted by the USSC, and focuses upon federal sentencing in cases involving simple possession of marijuana in violation of federal law. hb``a``^3Ab@q9 LxS @M n@$L7iI g`c}Pi\/f2maNbf>_T%<2fuh=aMl?2X4G6LA. It included military personnel, workers in certain positions that require security clearances, and those who wished to become medical technicians. [72] The Justice Roundtable, Transformative Justice, p. 45. 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. 3 . [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. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. The legal distinction between marijuana and fentanyl, for instance, can be difficult for any federal criminal defense lawyer to explain to their client and the clients loved ones. Even more so with the current law enforcement focus upon fentanyl arrests and prosecutions at both the state and federal level. See, e.g., Fentanyl Charges Under Federal Law: Felonies And Range Of Sentencing and Texas Governors Designation of Mexican Cartels As Terrorist Organizations: Criminal Defense Perspective. Gov. mr. mario puentes sentencing memorandum . 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. 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. 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.. 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