It's time to renew your membership and keep access to free CLE, valuable publications and more. [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. 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. (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 ABA urges House and Senate members to cosponsor or support H.R. Brandon Vanorman, 45, of Spencer, New York, is charged in a criminal complaint with Possession with Intent to Distribute Methamphetamine and Cocaine. [51], It is time to rethink the criminalization paradigm. Please give now to support our work, Written Testimony of Nicole Austin-Hillery Submitted to the US House Committee on the Judiciary Subcommittee of Crime, Terrorism, and Homeland Security, Share this via Facebook [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. ABA Racial and Ethnic Profiling Policy (2008), ABA Racial Disparities in the Criminal Justice System Policy (2004), ABA Sentencing Policy on Effective Criminal Sanctions (2007), American Bar Association [24] Human Rights Watch, Every 25 Seconds, p. 4. 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 Within the Judicial Branch, the USSC operates as an independent agency comprised of seven commissioners, each appointed by the President and confirmed by the Senate. Three of the commissioners, by law, must be federal judges. The Attorney General of the United States serves the USSC in an ex officio capacity (he cannot vote). Other ways to share [1] The numbers have only worsened in recent years. 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. Please enable JavaScript to use this feature. 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. The House Judiciary Committee approved H.R. Once a court receives an inmates referral, it has until October 1, 2022, to resentence the inmate under the new law. Many states have enacted bipartisan smart-on-crime reforms that achieve significant cost savings and reduce crime. 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. [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. [4] 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). 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. But those changes could take two drastically different directions. In Part One, the USSC Report evaluates trends in these types of sentences since 2014. Washington, DC 20500. 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. From Guilty Plea to Sentencing Hearing in a Drug Case, Prosecutors Have Standards to Follow: the Federal Principles of Prosecution. [25] Data has consistently shown that Black and white adults use illicit drugs and marijuana at similar rates. This commission is responsible for establishing the guidelines The Commission looks forward to hearing more from experts and researching more fully the benefits of these programs.. 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. WebAnother influential change is reform to sentencing guidelines by the United States Sentencing Commission. In addition, the Strategy directs federal agencies to expand efforts to prevent substance use among school-aged children and young adults, and support community-led coalitions implementing evidence-based prevention strategies across the country. [22] What is needed, particularly in this historic moment where we have come face to face with issues of racial and economic disparities, is a comprehensive approach to ending the failed policies of the war on drugs and addressing the economic, social, and health needs of communities, disproportionately impacted by them, largely Black and brown. 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. Sentencing Commissions Voluntary Sentencing Guidelines, which often call for extremely harsh periods of incarceration. The cost to the incarcerated individuals, their families, and communities, is devastating. %%EOF [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. Use the Drug Conversion Calculator to convert the quantity of up to three controlled substances at the same time to its converted drug weight. 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. Share this via Twitter This website is produced and published at U.S. taxpayer expense. At the center of this debate is early release. 759, the Recidivism Reduction Act, a bill that closely parallels Title 2 of S. 2123, the Senate SRCA legislation, providing for expanded in-prison programming and early supervised release of prisoners into the community. [8] What these numbers tell us is that there is a human cost to criminalizing personal drug use and possession in the United States. 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 [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). More than 95,000 federal prisoners are serving time for drug-related offenses—up from fewer than 5,000 in 1980.1 Changes in drug crime patterns and law enforcement practices played a role in this growth, but federal sentencing laws enacted during the 1980s and 1990s also have required more drug offenders to go to Created by the Sentencing Reform Act found within the Comprehensive Crime Control Act of 1984, the Supreme Court of the United States approved its authority in Mistretta v. United States, 488 U.S. 361, 109 S. Ct. 647, 102 L. Ed. 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. WASHINGTON, D.C.. MR. MARIO PUENTES SENTENCING MEMORANDUM . Connecticut Supreme Court building in Hartford. The White House But those changes could take two drastically different directions. 3713 and S. 2123, respectively, and to support strong sentencing reform provisions in any final comprehensive reform package. Webschedule II drug. [27] Human Rights Watch also found stark racial disparities in arrest rates for drug possession even in the same state or city. [44] Human Rights Watch, Every 25 Seconds, p. 4. The Guidelines remain in effect until the next publication. About ten percent (10.2%) of these offenders (n=448) had no criminal history points other than those assigned for prior marijuana possession sentences. 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. 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). It also calls for actions that will expand access to evidence-based treatments that have been shown to reduce overdose risk and mortality. 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. 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 House just passed Sen. Cory Bookers EQUAL Act by a bipartisan vote, with the Biden administrations endorsement. The Commission published tentative priorities and invited public comment in September, receiving more than 8,000 letters of public comment in response. 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. 0 Public Access to Commission Data and Documents, The Commission promulgates guidelines that judges consult when sentencing federal offenders. The costs of these arrests and incarcerations extend far beyond individual experiences in the formal criminal justice system. The Commission establishes sentencing policies and practices for the federal courts. [27] Drug Policy Alliance, 2020 Annual Report, February 17, 2021, https://drugpolicy.org/resource/drug-policy-alliance-annual-report (accessed March 9, 2021), p. 11. A locked padlock SYRACUSE, NEW YORK Kevin Walker, 32, of Elmira, New York, pled guilty today to possession with intent to Federal sentencing guidelines take into account not only the amount of marijuana but also past convictions. The Commission establishes sentencing policies and practices for the federal courts. [6] Human Rights Watch, Every 25 Seconds, p. 2. [57] Human Rights Watch, Every 25 Seconds, p. 13. In addition, the First Step Act made changes to the safety valve, which relieves certain drug trafficking offenders from statutory mandatory minimum penalties. These limitations amount to individuals taking on the moniker of second class citizens., Laws criminalizing the possession of drugs for personal use are inconsistent with respect for human autonomy, which is at the heart of the right to privacy, and contravene the human rights principle of proportionality in punishment. 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. In this section, learn about the Commissions mission, structure, and ongoing work. Second Offense: Not more than 30 yrs. 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. [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. The legislation, which aims to end a longstanding 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. [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). The House is expected to package together the several separately approved Judiciary bills for floor action during a "criminal justice reform week" later this year. 3713, the Sentencing Reform Act of 2015, introduced on October 8, 2015. [52] Fortunately, there are alternatives to criminalization. Defendant stole over $400,000 from her elderly uncle. ABA Letter Urging House Judiciary Committee Approval of Sentencing Reform Legislation, ABA Letter Urging Senate Support for Sentencing Reform Legislation, ABA Letter Urging Senate Judiciary Approval of Sentencing Reform Legislation, Drivers of Growth in the Federal Prison Population, Fact Sheet on US Incarceration of Juveniles, Federal Prison Spending at the U.S. Department of Justice: Unsustainable and Dangerous. [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). The Commission collects, analyzes, and disseminates a broad array of information on federal crime and sentencing practices. 15-CR-00449-RSH-2. 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. On October 6, 2022, President Joseph Biden granted a pardon to current U.S. citizens and lawful permanent residents convicted of the federal offense of simple possession of marijuana. 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. Essentially, the USSG consider two components to establish the sentencing guideline range: (1) the criminal history of the individual who has been charged and (2) the seriousness of the offense(s) itself. Read An Overview of the Federal Sentencing Guidelines published by the USSC. [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. Human Rights Watch is an international organization with staff in more than 40 countries which works to defend the rights of people worldwide. [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). 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. Sentencing Guidelines, and other factors. [64] Human Rights Watch, Revoked, p. 132. [20] There has been a national effort to take on parts of the problemaddressing police abuse, long sentences, and reclassification of certain drugs. [19] The American criminal justice system holds almost 2.3 million people in 1,833 state prisons, 110 federal prisons, 1,772 juvenile correctional facilities, 3,134 local jails, 218 immigration detention facilities, and 80 Indian Country jails as well as in military prisons, civil commitment centers, state psychiatric hospitals, and prisons in U.S. territories. Prison Policy Initiative, Mass Incarceration: The Whole Pie 2020, March 24, 2020, https://www.prisonpolicy.org/reports/pie2020.html (accessed March 9, 2021), p. 1. The Commission collects, analyzes, and disseminates a broad array of information on federal crime and sentencing practices. Comments are moderated and these will not be published. 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. 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 The criminal provisions of the SYRACUSE, NEW YORK Kevin Walker, 32, of Elmira, New York, pled guilty today to possession with intent to distribute a controlled substance. See 21 U. S. C. 812; 21 CFR 1308.12 (2006). 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). The criminal provisions of the comprehensive Drug Abuse and Control Act did not just change existing law. One of the most important factors controlling sentencing under Drug Abuse and Control Act are Federal Sentencing Guidelines. 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. U.S. Harsh sentencing guidelines. When the guidelines are amended, a subsequent, In this section, you will find the Commissions comprehensive archive of yearly amendments and. 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.. 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. [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. 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. 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 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. Being charged with a federal drug crime could mean a serious punishment if the accused is found guilty. Sentencing Commission. The SRCA bill narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening the authority of federal judges to sentence below set mandatory minimums for individuals with criminal histories that do not include serious drug or violent offenses. by Lisa Backus July 1, 2021, 12:00 pm. This website is produced and published at U.S. taxpayer expense. 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 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. 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