It included military personnel, workers in certain positions that require security clearances, and those who wished to become medical technicians. [41] In practice, criminalizing drug use also violates the right to health of those who use drugs. 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. Comments are moderated and these will not be published. The U.S. Over-reliance on prison is fiscally unsustainable and has imposed a burdensome human toll and a disparate impact on African-American and Latino persons and communities. 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. First Offense: Not more that 20 yrs. At the center of this debate is early release. If death or serious injury, not less than 20 yrs, or more than Life. If death or serious injury, not less than 20 or more than life. 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. April 29, 2022 WASHINGTON The Equal Act would appear to be a slam dunk even in a badly divided Congress. Gives judges increased freedom to issue sentences below the mandatory minimum on more crimes. 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. . Human Rights Watch is not aware of any empirical evidence that low-level drug possession defendants would otherwise go on to commit violent crimes. [3] More than one of every seven arrests by state law enforcement is for simple drug possession. The President also asked for expedited review of marijuanas scheduling under the CSA. United States Sentencing Commission, Guidelines Manual 4B1.1(b) (Nov. 2008) (USSG). %PDF-1.6
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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. [6] Drug possession arrests remain significant contributors to mass incarceration in the United States. [63] Human Rights Watch, Nation Behind Bars, p. 1. 1698 0 obj
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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. [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. 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. On appeal, he challenged the district courts denial of his motion for a The impact of a drug conviction can, and often does, impact multiple facets of an individuals life beyond the experience of incarceration. 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. [58], Almost 30 years of harsh sentencing laws have left the US with over 2.2 million people behind bars. 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. Share this via Twitter 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. See 21 U. S. C. 812; 21 CFR 1308.12 (2006). 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. Others want to make it harder. [60] These attitudes were a follow-up to the Nixon Administrations push to wage a war against Black peoplea plan that was well-known and documented. 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. 1670 0 obj
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[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). [49] Human Rights Watch, Every 25 Seconds, p. 3. 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. In Part One, the USSC Report evaluates trends in these types of sentences since 2014. [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. SYRACUSE, NEW YORK Kevin Walker, 32, of Elmira, New York, pled guilty today to possession with intent to As of September 30, 2021, marijuana remains illegal in the State of Texas while more and more states are allowing its use within the state jurisdiction. See Map, USSC Report, p. 4. 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. It also creates a process by which people with federal marijuana convictions can have their records for these convictions expunged, in some cases automatically, or can be resentenced. Call the Law Office of Patrick J. McLain, PLLC at (214) 238-9392 to schedule your initial consultation. Webschedule II drug. The White House [31] Human Rights Watch, Decades of Disparity, p. 1. Lawmakers should ensure that criminal laws permit judges to impose proportionate sentences, that consider individualized circumstances and allow appropriate leniency. 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. [7] A criminal record locks these individuals out of jobs, housing, education, welfare assistance, voting and much more. WebThe Sentencing Commission was created in 1987 to combat sentencing disparities across jurisdictions. It also subjects them to discrimination and stigma. 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. Include in any sentencing reform legislation provisions that ensure the new law will be applied retroactively to individuals who have already been sentenced. 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 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. The cost to the incarcerated individuals, their families, and communities, is devastating. 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 This is due in significant degree to the proliferation of mandatory minimum sentences. mr. mario puentes sentencing memorandum . Harsh sentencing guidelines. 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. [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 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. 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. The cost to those incarcerated, their families and communities, is devastating. The legislation, which aims to end a longstanding 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. 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. The federal prison population has increased nearly 800% since 1980 and more than doubled since 1994, with spending up 1700% over that period, and federal prisons are currently operating at 131% of capacity. The resulting calculations in the Drug Conversion Calculator already consider such minimum base offense levels and caps. Substance 1 Substance 2 Substance 3 Walker further admitted that he also possessed 137 grams of cocaine in the vehicle. Sentencing Commissions Voluntary Sentencing Guidelines, which often call for extremely harsh periods of incarceration. 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 Use the Drug Conversion Calculator to convert the quantity of up to three controlled substances at the same time to its converted drug weight. [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 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. The Commission published tentative priorities and invited public comment in September, receiving more than 8,000 letters of public comment in response. A locked padlock This is a moment to recognize and address the harms that harsh, disparate policies that have focused more on punishment than supporting healthy individuals, families and communities have had on the people, particularly those who are Black and low-income. 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. You have JavaScript disabled. The Federal Drug Testing Laws defined various federal employees who could receive drug testing at any time. 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. [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]. 3713 by voice vote on November 18, 2015. 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. Official websites use .govA .gov website belongs to an official government organization in the United States. MR. MARIO PUENTES SENTENCING MEMORANDUM . [45], Criminalization has yielded few, if any, benefits. 10-13. Washington, DC 20500. Share this via Telegram 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 [21] Each of these steps is critical and I will address some of them further herein. Department of Justice U.S. Attorneys Office District of Massachusetts. H.R.3713 has 21 cosponsors and has been jointly referred to the House Judiciary and House Energy and Commerce Committees. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. For federal offenders sentenced for any crime type, however, prior marijuana possession sentencesboth federal and stateoften affected their criminal history calculations under the guidelines. The U.S. 2018 Guidelines Manual Annotated | United States Sentencing Commi Human Rights Watch is an international organization with staff in more than 40 countries which works to defend the rights of people worldwide. 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. Drug Conversion Calculator. Although the guidelines are not binding on judges, federal judges still impose guideline-range sentences almost 50% of the time. See: The New 2016 Marijuana Laws: What It Means For Texas. It instructs federal agencies to prioritize actions that will save lives, get people the care they need, go after drug traffickers profits, and make better use of data to guide all these efforts. Strong sentencing reform is the key to addressing federal over-incarceration, like that proposed in the Senate Sentencing Reform and Corrections Act (S. 2123) and the House Sentencing Reform Act (H.R. 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. 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.. 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. [64] Human Rights Watch, Revoked, p. 132. Nearly one in five people in state prisons and jails are there for drug offenses.[19]. The Senate Judiciary Committee approved S. 2123 in a 15-5 vote on October 22, after rejecting several amendments. 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. Sentencing Commission. [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. Others want to make it harder. 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. 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. Among its top priorities is implementation of two significant changes made by the First Step Act of 2018. The House just passed Sen. Cory Bookers EQUAL Act by a bipartisan vote, with the Biden administrations endorsement. 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). In Texas, there are mandatory minimum sentences for someone found guilty of a federal drug crime. In addition, the First Step Act made changes to the safety valve, which relieves certain drug trafficking offenders from statutory mandatory minimum penalties. 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. The USSC HelpLine assists practitioners in applying the guidelines. 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. 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. [9] Criminalizing simple drug possession has caused dramatic and unnecessary harms around the country, both for individuals and for communities that are subject to discriminatory enforcement. 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 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 costs of these arrests and incarcerations extend far beyond individual experiences in the formal criminal justice system. 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. [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. 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 Sentencing Commission. Current guidelines require that judges impose on such a defendant a sentence under "Level 32" guidelines, requiring a 121 to 151 month incarceration. [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. 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. 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. The Guidelines remain in effect until the next publication. When the guidelines are amended, a subsequent, In this section, you will find the Commissions comprehensive archive of yearly amendments and. Sentencing Guidelines, and other factors. 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. Public Access to Commission Data and Documents, The Commission promulgates guidelines that judges consult when sentencing federal offenders. The United States Sentencing Commission today unanimously approved its policy priorities for the 2022-2023 amendment year ending May [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 criminal provisions of the comprehensive Drug Abuse and Control Act did not just change existing law. 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. [64] While the First Step Act, signed into law by the previous administration in 2018, took some steps to address the issue of over-incarceration, bolder and larger steps are needed. 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. 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. 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. Fine of not more than $5 million Second Offense: Not more than 30 yrs. 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. Other ways to share 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. 1600 Pennsylvania Ave NW 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.
new federal drug laws new sentencing guidelines 2022