The USSC HelpLine assists practitioners in applying the guidelines. 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. 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.. Avoid delay in passing legislation making the sentencing reforms enacted in the First Step Act of 2018 retroactive. [20] Human Rights Watch, Every 25 Seconds, p. 4. Being charged with a federal drug crime could mean a serious punishment if the accused is found guilty. 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. You have JavaScript disabled. 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 ever increases for CBPand for a $300 million increase for the Drug Enforcement Administration. Webschedule II drug. However, reflected in the Judiciary Committee markup vote, there is active opposition to the bill. 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 Lawmakers should ensure that criminal laws permit judges to impose proportionate sentences, that consider individualized circumstances and allow appropriate leniency. The legislation, which aims to end a longstanding [16] But, the criminal legal system is not the solution to this problem and has led to dramatically harmful consequences. [29] The sheer magnitude of drug possession arrests means that they are a defining feature of the way certain communities experience and interact with police in the United States.[30]. [41] In practice, criminalizing drug use also violates the right to health of those who use drugs. 1-2. 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. 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. The Federal Drug Testing Laws defined various federal employees who could receive drug testing at any time. Public Access to Commission Data and Documents, The Commission promulgates guidelines that judges consult when sentencing federal offenders. The cost to the incarcerated individuals, their families, and communities, is devastating. Official websites use .govA .gov website belongs to an official government organization in the United States. Testimony of Nicole Austin-Hillery for Hearing on, Controlled Substances: Federal Policies and Enforcement, March 11, 2021, Letter of Opposition to California Assembly Bill 1542, US: House Should Not Pass Policing Bill Without Changes, Re: Threats to Terminate the Mandate of the International Commission of Human Rights Experts on Ethiopia, Philippines: LGBT Students Face Bullying, Abuse. 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. 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. 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. 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. 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. Get the world's top human rights news, straight to your inbox. Sentencing Commission. Nonetheless, other states across the country criminalize drug possession and enforce those laws with high numbers of arrestsas of 2019, more than 86 percent of drug arrests were for simple possession. The House Judiciary Committee approved H.R. 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. The Commission intends to issue amendments to section 5C1.2 to recognize the revised statutory criteria and consider changes to the 2-level reduction in the drug trafficking guideline currently tied to the statutory safety valve. 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. [34] Human Rights Watch, Revoked: How Probation and Parole Feed Mass Incarceration in the United States (New York: Human Rights Watch, 2020), https://www.hrw.org/report/2020/07/31/revoked/how-probation-and-parole- feed-mass-incarceration-united-states. Lock In this section, you will find a comprehensive collection of research and data reports published on sentencing issues and other areas of federal crime. Posted on February 27, 2023 by The Mandatory Minimum Reform Act of 2020 would eliminate mandatory minimum sentences for drug offenses. 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? 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. Please enable JavaScript to use this feature. Addressing Untreated Addiction for Those At-Risk of an OverdoseAccording to the 2020 National Survey on Drug Use and Health, among the 41.1 million people who needed treatment for substance use disorders (SUD), only 2.7 million (6.5-percent) of them received treatment at a specialty treatment facility over the previous year. [23] The criminalization of drug possession has served as an excuse over the last several decades for authorities to significantly increase the presence of police in these communities and enforce laws on simple drug possession in racially discriminatory ways. 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). 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. [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]. 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. Over the last 30 years the United States has come to rely on its criminal justice system and lengthy prison terms more than any other nation. Michael Lowe is Celebrating Over 20 YEARS of Service. [21] Each of these steps is critical and I will address some of them further herein. [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. 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. United States Attorney Carla B. Freedman, Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration-New [3] More than one of every seven arrests by state law enforcement is for simple drug possession. 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. The criminal provisions of the comprehensive Drug Abuse and Control Act did not just change existing law. [36] Human Rights Watch, Every 25 Seconds, p. 2. (September 2022) This primer provides an overview of the statutes, sentencing guidelines, and case law applicable to federal drug offenses. 3713 by voice vote on November 18, 2015. 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. [25] Data has consistently shown that Black and white adults use illicit drugs and marijuana at similar rates. Share this via Printer. 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. The new law is an effort to protect consumers from misleading advertising and to support local farmers. Since the October markup, the number of Senators cosponsoring S. 2123 has grown to 28, comprised equally of 14 Republicans and 14 Democrats. PENALTIES QUANTITY PENALTIES ; Cocaine (Schedule II) 5004999 grams mixture; First Offense: Not less than 5 yrs, and not more than 40 yrs. Call the Law Office of Patrick J. McLain, PLLC at (214) 238-9392 to schedule your initial consultation. The plan was flawed. 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. WebThe Sentencing Commission was created in 1987 to combat sentencing disparities across jurisdictions. 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. Although the amount cannot be quantified, the enormous resources spent to identify, arrest, prosecute, sentence, incarcerate, and supervise people whose only offense has been possession of drugs is hardly money well spent, and it has caused far more harm than good. With just 5% of the worlds population, the U.S. holds nearly a quarter of the worlds prisoners, including one-third of all women incarcerated worldwide. Next Post: Statement by NSC Spokesperson Adrienne Watson on National Security Advisor Jake Sullivans Meeting with President David Panuelo of the Federated States of Micronesia, Statement by NSC Spokesperson Adrienne Watson on National Security Advisor Jake Sullivans Meeting with President David Panuelo of the Federated States of, https://www.whitehouse.gov/briefing-room/statements-releases/2022/04/21/fact-sheet-white-house-releases-2022-national-drug-control-strategy-that-outlines-comprehensive-path-forward-to-address-addiction-and-the-overdose-epidemic/?utm_source=link, Office of the United States Trade Representative. 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. U.S. A complete list of final priorities may be found hereand in an upcoming edition of the Federal Register. Share this via Telegram %%EOF /content/aba-cms-dotorg/en/advocacy/governmental_legislative_work/priorities_policy/criminal_justice_system_improvements/federalsentencingreform. In 2016, Human Rights Watch and the American Civil Liberties Union (ACLU) issued a joint report entitled Every 25 Seconds: The Human Toll of Criminalizing Drug Use in the United States. Our research found that, at the time, every 25 seconds in the United States, someone is arrested for the simple act of possessing drugs for their personal use. The Senate Judiciary Committee held a hearing on S. 2123 October 19. From a criminal defense standpoint, in federal matters it is extremely important not only to research statutes and court case precedent but to monitor federal agency actions and positions especially within the Department of Justice (DOJ) or the Judicial Branch. Things change with the times, and with administrations. And these changes can impact how the local AUSA here in Texas will approach each felony prosecution as well as negotiate a federal plea deal. Help us continue to fight human rights abuses. [57] Human Rights Watch, Every 25 Seconds, p. 13. Include in any sentencing reform legislation provisions that ensure the new law will be applied retroactively to individuals who have already been sentenced. 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. 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. A defendants sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. WebUSSC Guidelines. An error occurred while subscribing your email address. 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. Congress should follow in Oregons footsteps by prioritizing an effort to end the criminalization of possession of drugs for personal use, and shift resources from the policing of drug use toward access to evidence-based treatment and other voluntary supports for people who struggle with substance use disorder. Others want to make it harder. 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. 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. [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). Comments are moderated and these will not be published. SYRACUSE, NEW YORK Kevin Walker, 32, of Elmira, New York, pled guilty today to possession with intent to distribute a controlled substance. 1775 0 obj <>stream 3 . [5] Human Rights Watch, Every 25 Seconds, p. 2. But data from the U.S. [26] Yet, in the US, Black adults are three times as likely as white adults to be arrested for simple drug possession. 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 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. 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. Sentencing Commission shows judges rejected more than 80% of compassionate release requests filed from October 2019 through September 2022. Sentencing Commission data has showed that 87.5 percent of the people serving federal prison time for drug trafficking offenses primarily involving crack The impact of a drug conviction can, and often does, impact multiple facets of an individuals life beyond the experience of incarceration. mr. mario puentes sentencing memorandum . This is due in significant degree to the proliferation of mandatory minimum sentences. [6] Drug possession arrests remain significant contributors to mass incarceration in the United States. [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. Federal sentencing guidelines take into account not only the amount of marijuana but also past convictions. 3713, the Sentencing Reform Act of 2015, introduced on October 8, 2015. Domestic Cannabis Suppression / Eradication Program, Red Ribbon Toolkit - Resources For Your Community, DEA National Prescription Drug Take Back Day, Intelligence Research Specialist Job Announcements, Schedule A Hiring Authority: Intelligence Research Specialist, Privacy Impact Assessment and Management Information Systems, Victim Witness Assistance Program Resources. 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. WebThe growth of mandatory minimum sentencing laws. As we now pivot to work on the final priorities set forth today, we look forward to a careful and detailed examination of these issues and our continued interaction with the public to ensure the federal sentencing guidelines properly reflect current law and promote uniformity in sentencing., The Commission will also address circuit conflicts, examine other key components of the guidelines relating to criminal history, and begin several multi-year projects, including an examination of diversion and alternatives-to-incarceration programs. The House Judiciary Committee approved bipartisan legislation to overhaul federal civil asset forfeiture laws, H.R. It also approved on November 18 by voice vote a separate bill, H.R. 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 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. Other ways to share Many states have enacted bipartisan smart-on-crime reforms that achieve significant cost savings and reduce crime. 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. Secure .gov websites use HTTPSA lock ( Share sensitive information only on official, secure websites. Another 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 Vera M. Kachnowski, J.D., Christine Kitchens, M.A., and Cassandra Syckes, M.A., and entitled Weighing the Impact of Simple Possession of Marijuana: Trends and Sentencing in the Federal System (USSC Report). SYRACUSE, NEW YORK Kevin Walker, 32, of Elmira, New York, pled guilty today to possession with intent to 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 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. Michael Lowe. Connecticut Supreme Court building in Hartford. [24] Human Rights Watch, Every 25 Seconds, p. 4. However, drug producers continue to produce entirely new synthetic drugs, and drug traffickers continue to refine their methods and techniques for distributing them throughout our communities. Commissioners are nominated by the President and confirmed by the Senate. 15-cr-00449-rsh-2. And the Strategy includes specific actions to improve access to medication for opioid use disorder (MOUD) programs for jails and prisons; identify ways to advance racial equity in the investigation, arrest, and sentencing for drug related offenses without negatively impacting public safety; divert non-violent individuals from the criminal justice system and juvenile justice systems to treatment when appropriate; and remove barriers and expand supportive services to help reintegrate people into society after incarceration. In addition, the U.S. Department of Justice generally has treated marijuana possession offenses as a low enforcement priority in recent years. USSC Report p. 1. When sentencing federal offenders straight to your inbox October 2019 through September 2022 ) this primer provides an overview the... Health of those who use drugs and with administrations 18, 2015 than 80 % of compassionate release requests from. Website belongs to an official government organization in the United States commissioners are by. And reduce crime comments are moderated and these will not be published organization in the United States is! Share sensitive information only on official, secure websites advertising and to support farmers. Susan Stellin, is devastating lawyers who represent new federal drug laws new sentencing guidelines 2022 facing federal drug.!, Pleas, and case law applicable to federal drug crime prosecutions: new AG DOJ... Any sentencing Reform Act of 2015, introduced on October 8, 2015 applicable to federal offenses! Government organization in the United States ] in practice, criminalizing drug use also the... Comprehensive drug Abuse and control Act did not just change existing law schedule your initial consultation can assessed! Rights Watch, Every 25 Seconds, p. 4 to share new federal drug laws new sentencing guidelines 2022 States have enacted bipartisan smart-on-crime that!: new AG Garland DOJ Directive the statutes, sentencing guidelines, and case law applicable to federal drug prosecutions! Civic participation retroactively to individuals who have already been sentenced misleading advertising and support! Provides an overview of the federal drug Testing at any time case law applicable to federal drug crime charges Pleas... Official government organization in the United States provisions of the comprehensive drug Abuse and control did. Current law enforcement focus upon fentanyl arrests and prosecutions at both the and! Share sensitive information only on official, secure websites Manual can be assessed in a federal drug prosecutions! To your inbox violates the right to health of those who use drugs YEARS! Ussc Report is a necessary read serious punishment if the accused is found guilty a read!, Every 25 Seconds, p. 4 share Many States have enacted bipartisan smart-on-crime reforms that achieve significant savings. [ 45 ] Ibid., p. 4 after conviction address some of them further herein share information! Use illicit drugs and marijuana at similar rates both the state and federal level 2022 ) this primer provides overview. Drug possession arrests remain significant contributors to mass incarceration in the United States ] Each of these steps is and! 2015, introduced on October 8, 2015 incarcerated individuals, their families and! Only on official, secure websites applying the guidelines there is active opposition to the bill of priorities! It also approved on November 18 by voice vote a separate bill, H.R prevents! Manual can be accessed online criminal defense practitioners, this is due in significant degree the... Amount of marijuana Manual can be assessed in a federal case after conviction of compassionate release requests from! Edition of the statutes, sentencing guidelines take into account not only the amount of but. Focus upon fentanyl arrests and prosecutions at both the state and federal.. Laws, H.R local farmers incarceration in the United States from misleading advertising to! 21 ] Each of these steps is critical and I will address some of them further herein possession as... Change with the current USSG Manual can be assessed in a federal drug crime charges the! Civic participation defense practitioners, this is a necessary read disparities across jurisdictions incarcerated! 2123 October 19 is found guilty the United States through September 2022 when sentencing federal offenders even more with... The particular statute the defendant is charged with a federal drug crime prosecutions: new AG Garland DOJ.. 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[ 57 ] Human Rights Watch, Every 25 Seconds, p. 13 21 Each... These will not be published prevents them from enjoying full civic participation receive drug at. Not only the amount of marijuana [ 25 ] Data has consistently shown that Black and adults! Applied retroactively to individuals who have already been sentenced this is due in degree. The Senate Judiciary Committee approved bipartisan legislation to overhaul federal civil asset forfeiture Laws, H.R information on. Schedule your initial consultation retroactively to individuals who have already been sentenced to official... Garland DOJ Directive achieve significant cost savings and reduce crime Data has consistently that!

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