Understanding Federal Drug Mandatory Minimum Sentences
Federal sentencing guidelines set the framework for a uniform policy of sentencing for federal felony and serious misdemeanor convictions. The primary goal of the guidelines was to correct and minimize sentencing disparities across the federal system. Federal sentencing guidelines are generally calculated based on two primary factors: 1) the details of the offense itself, and 2) the defendant’s prior criminal history. In looking at the first factor, points are assessed for a variety of reasons, such the number of victims involved and whether there was a weapon used. In looking at the second factor, points are also assessed for many reasons, including for any prior criminal convictions at the federal or state level. The points assessed in these two general categories then goes into a sentencing table chart which will give you what is an appropriate range of sentence for that specific case according to the federal sentencing guidelines. Judicial adherence to the guidelines used to be mandatory, but in 2005, the United States Supreme Court decided in United States v. Booker that the guidelines were advisory only and defendants could be sentenced outside the guidelines if appropriate factors for departure exist. These factors are case-specific and departures from federal guidelines are solely decided by federal judges.
HOW MANDATORY MINIMUMS WORK
If you are facing a federal charge, it is important to know if that charge carries mandatory minimum sentencing. Mandatory minimums are automatic minimum federal prison sentences for specific convictions related to drug trafficking, firearms, identity theft, and child sex offenses. Mandatory minimum sentences are laid out in federal statutes that are written and passed by United States Congress. Mandatory minimums are most common in sentencing for drug trafficking convictions. Nationally, drug trafficking convictions represent approximately 2/3 of all mandatory minimum sentences imposed on all federal cases. This harsh approach towards federal drug trafficking convictions has led to countless cases where defendants faced excessive punishment for their conduct. It can be argued that mandatory minimums undermine the federal sentencing guidelines and federal judges altogether since factors specific to each case aren’t considered for sentencing and cannot be considered by a sentencing judge.
HOW DOES THIS AFFECT ME?
There are three ways that a mandatory minimum sentence can be triggered under federal law. You could be facing a mandatory minimum for drug trafficking if your case involves:
- A specific crime that carries a mandatory sentence;
- A specific reference in your charge(s) to an underlying offense which carries a mandatory sentence; or
- A review of your criminal history which results in a mandatory sentence.
If you are facing drug trafficking charges or are being investigated for federal drug trafficking, then you might be at risk for mandatory minimum sentencing if you are convicted. It is a popular position for a politician to push for mandatory minimum sentences for a variety of crimes. The feeling that citizens have when they vote for politicians who are tough on crime can be misguided, however. Taking sentencing out of the hands of experienced and surely capable federal judges does a disservice to the criminal justice system by allowing members of congress to play the role of judge in deciding what is appropriate for sentencing for a variety of convictions. If you have any questions about federal sentencing guidelines or if you might be facing a mandatory minimum for federal drug trafficking, then it is important that you seek the advice of an experienced federal drug trafficking attorney as soon as possible.
