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. 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. [44] Human Rights Watch, Every 25 Seconds, p. 4. I am honored to have this opportunity to address the committee regarding ways to effectively, and fairly, approach drug policy in the United States. WebFor these inmates, the CDCR Secretary and county correctional administrator must refer the inmates information to the sentencing court by March 1, 2022. 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. Elmira Man Pleads Guilty to Federal Drug Crime. The ABA urges House and Senate members to cosponsor or support H.R. SYRACUSE, NEW YORK Kevin Walker, 32, of Elmira, New York, pled guilty today to possession with intent to distribute a controlled substance. In this section, you will find a comprehensive collection of research and data reports published on sentencing issues and other areas of federal crime. The U.S. Lawmakers should ensure that criminal laws permit judges to impose proportionate sentences, that consider individualized circumstances and allow appropriate leniency. Nearly one in five people in state prisons and jails are there for drug offenses.[19]. 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). The criminal provisions of the [51], It is time to rethink the criminalization paradigm. One reason for this gap is that people with addiction and those who care for them face too many barriers to treatment. SYRACUSE, NEW YORK Kevin Walker, 32, of Elmira, New York, pled guilty today to possession with intent to 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. [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. 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. [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. Please enable JavaScript to use this feature. [72] The Justice Roundtable, Transformative Justice, p. 45. For federal offenders sentenced for any crime type, however, prior marijuana possession sentencesboth federal and stateoften affected their criminal history calculations under the guidelines. BOSTON A Saugus woman was convicted today by a federal jury in Boston in connection with a scheme to Specifically, at the federal level, the implementation of mandatory minimums, along with harsh sentencing guidelines, has severely lengthened federal prison sentences and contributed to an over 500 percent increase in the current prison population since 1980. Posted on February 27, 2023 by [66] The Justice Roundtable, Transformative Justice: Recommendations for the New Administration and 117th Congress, November 2020, https://justiceroundtable.org/wp-content/uploads/2020/11/Transformative- Justice.pdf (accessed March 9, 2021), p. 44. [41] In practice, criminalizing drug use also violates the right to health of those who use drugs. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. [65] Human Rights Watch, Nation Behind Bars, p. 8. [54], [55], Ending the criminalization of simple drug possession does not mean turning a blind eye to the misery that substance use disorder can cause in the lives of those who struggle with it and their families. [45], Criminalization has yielded few, if any, benefits. The resulting calculations in the Drug Conversion Calculator already consider such minimum base offense levels and caps. Substance 1 Substance 2 Substance 3 Please try again. April 29, 2022 WASHINGTON The Equal Act would appear to be a slam dunk even in a badly divided Congress. Official websites use .govA .gov website belongs to an official government organization in the United States. It also subjects them to discrimination and stigma. For certain controlled substances, the converted drug weights assigned in the Drug Conversion Tables at 2D1.1 are capped at specified amounts. This is due in significant degree to the proliferation of mandatory minimum sentences. After decades of tough on crime policies, there is growing recognition in the US that governments need to undertake meaningful criminal justice reform and that the war on drugs has failed. Others want to make it harder. See: The New 2016 Marijuana Laws: What It Means For Texas. Fine $1 million if an individual, $5 million if not an individual. 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. 1775 0 obj <>stream 15-CR-00449-RSH-2. 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. %PDF-1.6 % 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. 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. 1600 Pennsylvania Ave NW 10-13. 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. 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. 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. WebThe growth of mandatory minimum sentencing laws. 0 Human Rights Watch is an international organization with staff in more than 40 countries which works to defend the rights of people worldwide. WASHINGTON, D.C. The United States Sentencing Commission today unanimously approved its policy priorities for the 2022-2023 amendment year ending May 1, 2023. Use the Drug Conversion Calculator to convert the quantity of up to three controlled substances at the same time to its converted drug weight. In addition to excessive sentences, including lengthy probation terms, frequently with onerous conditions,[34] there is massive criminal justice debt and restrictions that impact ones ability to function within their families and communities. 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. 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 [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). 2d 714 (1989). document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Your email address will not be published. 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). Harsh sentencing guidelines. [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 Act expanded eligibility to certain offenders with more than one criminal history point. [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]. See 21 U. S. C. 812; 21 CFR 1308.12 (2006). These positions were referred to as Testing Designated Positions (TDPs). Sentencing Commission. %%EOF WebAnother influential change is reform to sentencing guidelines by the United States Sentencing Commission. The new law is an effort to protect consumers from misleading advertising and to support local farmers. 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. [46] Criminalizing drugs is not an effective public safety policy. WASHINGTON, D.C.. [7] A criminal record locks these individuals out of jobs, housing, education, welfare assistance, voting and much more. [65] Reforming or eliminating mandatory minimum sentences is a recommendation that has been on the table and supported by criminal justice reform advocates for years, but we have yet to achieve this goal. The Commission establishes sentencing policies and practices for the federal courts. Gov. WebFor certain controlled substances, the converted drug weights assigned in the Drug Conversion Tables at 2D1.1 are capped at specified amounts. 5 . 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. 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. 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.. But data from the U.S. WebFEDERAL TRAFFICKING PENALTIES DRUG/SCHEDULE QUANTITY. But those changes could take two drastically different directions. What the USSC Report advises is that federal policy regarding marijuana possession appears to be shifting. These one-size-fits-all punishments allow prosecutors to strong-arm guilty pleas and severely punish anyone who chooses to go to trial. It also calls for actions that will expand access to evidence-based treatments that have been shown to reduce overdose risk and mortality. 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. Serious changes occurred by the adoption of newly defined federal drug crimes and totally new Call the Law Office of Patrick J. McLain, PLLC at (214) 238-9392 to schedule your initial consultation. 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. 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. 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. 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. [28] Human Rights Watch, Every 25 Seconds, p. 5. When the guidelines are amended, a subsequent, In this section, you will find the Commissions comprehensive archive of yearly amendments and. On appeal, he challenged the district courts denial of his motion for a 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. 3713 by voice vote on November 18, 2015. This website is produced and published at U.S. taxpayer expense. 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. 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 If death or serious injury, not less than 20 yrs, or more than Life. 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. The House Judiciary Committee approved H.R. 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. 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. 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? [67] The prospective sentencing reforms incorporated in the First Step Act, including reduced sentencing enhancements for prior drug offenses, clarification that the 25-year mandatory minimum for certain firearm offenses is reserved for true recidivists, and expanded safety valve relief for certain nonviolent drug offenses, will help to limit excessive sentences in the future. 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. 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. Drug Conversion Calculator. The House Judiciary Committee approved bipartisan legislation to overhaul federal civil asset forfeiture laws, H.R. Share this via WhatsApp Assistant U.S. Attorney Matthew J. McCrobie is prosecuting the case. The career-offender Guidelines con-trolled because they recommended a higher sentence than Gives judges increased freedom to issue sentences below the mandatory minimum on more crimes. [8] What these numbers tell us is that there is a human cost to criminalizing personal drug use and possession in the United States. Fine of not more than $5 million This website is produced and published at U.S. taxpayer expense. Avoid delay in passing legislation making the sentencing reforms enacted in the First Step Act of 2018 retroactive. [16] But, the criminal legal system is not the solution to this problem and has led to dramatically harmful consequences. [21] Each of these steps is critical and I will address some of them further herein. Get the world's top human rights news, straight to your inbox. My name is Nicole Austin- Hillery and I am the Executive Director of the US Program at Human Rights Watch. The plan was flawed. The Commission establishes sentencing policies and practices for the federal courts. 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. Federal sentencing guidelines take into account not only the amount of marijuana but also past convictions. In Part One, the USSC Report evaluates trends in these types of sentences since 2014. . One of the most important factors controlling sentencing under Drug Abuse and Control Act are Federal Sentencing Guidelines. 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. The SMART Cocaine Sentencing Act would reduce the current crack-to-powder cocaine sentencing disparity from 18:1 to 2.5:1. 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. [49] For people who struggle with substance use disorder, criminalization often means cycling in and out of jail or prison, with little to no access to voluntary treatment. 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. Defendant stole over $400,000 from her elderly uncle. WebIf passed, the Smarter Sentencing Act would Reduce by about half the mandatory penalties for people convicted of drug trafficking (i.e., 5-, 10-, and 15-year sentences would become 2-, 5-, and 10-year sentences); Reduce by half or more the mandatory penalties for drug couriers convicted of drug importation Lastly, the USSC Report considers how these points impacted the offenders criminal history category in the calculation of the sentence to be imposed under the USSG. The USSC HelpLine assists practitioners in applying the guidelines. Some want to make it easier for people to get out of prison. The package also seeks to curb recidivism by helping prisoners successfully reenter society. endstream endobj startxref On appeal, he challenged the district courts denial of his motion for a [56] Human Rights Watch, Every 25 Seconds, p. 13. [32] A fresh and evidence-based rethinking of the drug war paradigm that includes moving away from criminalization of simple drug possession is needed. 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. Once a court receives an inmates referral, it has until October 1, 2022, to resentence the inmate under the new law. 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. Sentencing Commission provide judges recommended minimum and maximum terms for federal crimes. The conflicting holdings and varying results across circuits and districts suggest that the courts could benefit from updated guidance from the Commission, which is why we have set this as an important part of our agenda this year, said Judge Carlton W. Reeves, chair of the Commission.. [15], Governments and communities have a legitimate interest in preventing problematic substance use. The U.S. [58], Almost 30 years of harsh sentencing laws have left the US with over 2.2 million people behind bars. Your email address will not be published. 5283, the Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act of 2016 (DUE PROCESS Act) by voice vote on May 25, 2016. [20] Human Rights Watch, Every 25 Seconds, p. 4. 4002, that contains a provision that would provide for a default criminal intent element mens rea for all federal criminal offenses that do not address or are silent as to a criminal intent requirement. [23] Human Rights Watch, Decades of Disparity: Drug Arrests and Race in the United States (New York: Human Rights Watch, 2009), https://www.hrw.org/report/2009/03/02/decades-disparity/drug-arrests-and-race-united-states, pp. Being charged with a federal drug crime could mean a serious punishment if the accused is found guilty. 9 Once an inmate reached the new date of parole eligibility, the inmate would proceed through the normal To gain that support and overcome opposition to the bill, the bipartisan cosponsors agreed changes to key provisions that more clearly limit the application of sentencing reforms to non-violent, non-serious offenders in late March 2016. Michael Lowe. On February 11, 2016, the House Judiciary Committee by voice vote approved H.R. The prospective sentencing reforms incorporated in the First Step Act, including reduced sentencing enhancements for prior drug offenses, clarification that the 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 goes into details like demographics; past criminal histories; and how these sentences compare to those involving other types of drug charges. by Lisa Backus July 1, 2021, 12:00 pm. Possession Laws: Federal drug statutes outline mandatory drug sentences for the distribution, manufacturing, and possession with the intent to distribute for a variety of substances. [3] More than one of every seven arrests by state law enforcement is for simple drug possession. In this section, learn about the Commissions mission, structure, and ongoing work. From Guilty Plea to Sentencing Hearing in a Drug Case, Prosecutors Have Standards to Follow: the Federal Principles of Prosecution. 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 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. New York Penal Law Sections 221.05 - 221.30 (possession of marijuana) Penalties and Sentences. 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 Justices To Clarify Sentencing Provision In First Step Act. [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. The Senate Judiciary Committee held a hearing on S. 2123 October 19. In this section, learn about the Commissions mission, structure, and ongoing work. [31] It is actually more than just the burden of drug arrests. 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. Tennessees legislature is expected to consider major changes to the states criminal sentencing guidelines in the new session. 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. 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. Congress must repeal federal mandatory minimums, make the change retroactive for those already serving mandatory minimum sentences, and incentivize states to follow suit. [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. The resulting sentencing guidelines provide structure for the courts sentencing discretion to help ensure that similar offenders who commit similar offenses receive similar sentences.

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