THE “DRUGS MINUS TWO AMENDMENT” EXPLAINED

DRUG QUANTITY TABLE EXPLAINED

The sentencing ranges for federal drug trafficking convictions are largely dependent on the type and quantity of the drugs alleged to have been trafficked. The appropriate sentencing ranges for different drug quantities can be found within the Drug Equivalency Table aka the Drug Quantity Table. The Drug Quantity Table is a chart that translates the quantities of various illegal drugs into their marijuana equivalent quantities. The sentencing guideline range for drug convictions are then actually based on their marijuana equivalent quantities. The Drug Equivalency Table, for example, equates one gram of heroin with one kilogram of marijuana. The Drug Quantity Table, along with mandatory minimums have resulted in federal sentencing guidelines which too often excessively and unfairly sentence defendants convicted of drug offenses. The disparity between state and federal sentences for drug convictions historically has been vast. For example, a drug conviction in state court could lead to six months in jail while the same drug conviction in federal court could result in 10 years in prison for the same exact conduct because of factors within the federal sentencing guidelines.

THE “DRUGS MINUS TWO AMENDMENT” EXPLAINED

In an effort to bridge the gap between federal and state sentencing of drug convictions, the United States Sentencing Commission unanimously voted in favor of Amendment 728, commonly known as the “Drugs Minus Two Amendment.” This amendment reduced the drug quantity table by two levels for the offense levels that triggered statutory mandatory minimums and did so retroactively. This meant it could apply to any case that was finalized before the Drugs Minus Two Amendment was enacted. The Drugs Minus Two Amendment applies to ANY inmate whose guideline sentence was based on the quantity of ANY federally controlled substance. If a drug quantity resulted in a mandatory minimum sentence, that sentence might get reduced because of the Drugs Minus Two Amendment. Since the passing of the Drugs Minus Two Amendment, federal courts have granted over 30,000 motions to retroactively reduce federal prison sentences. This has resulted in an average sentence reduction of almost 20% of those who had their motions granted. The average federal drug trafficking sentence was reduced from 146 months to 121 months because of the Drugs Minus Two Amendment.

HOW DOES THIS AFFECT ME?

If you or someone you love is facing federal drug trafficking charges, this could affect you directly. If someone you love is currently in prison for drug trafficking, it is important to know that relief under the Drugs Minus Two Amendment is not automatic. If an inmate wants to be resentenced under the guidelines of the Drugs Minus Two Amendment, then they have to bring that request in the form of a motion to retroactively reduce a federal prison sentence. Judges will look at these cases individually to determine if they are eligible for a reduction of sentence. If you have any questions about the Drugs Minus Two Amendment or any questions relating to federal drug trafficking charges, then it is important to seek the advice of an experienced federal drug trafficking attorney. The simple possession of a small amount of drugs can result in years of federal prison because of the harshness of federal mandatory minimums. Measures to reduce unjust sentences like the Drugs Minus Two Amendment have helped to reduce some of the inequity in federal drug trafficking sentencing, but the system is still far from perfect. Make sure you know your rights and are informed of the current laws regarding federal drug trafficking by speaking to a qualified attorney today.

FREE AND CONFIDENTIAL CONSULTATION

At Bajoka Law we are proud to offer consultations that are both FREE and CONFIDENTIAL. We realize that federal drug trafficking cases require the proper discretion, and we will treat your situation with the utmost care and caution. It’s time you started to retake control of your life. Feel free to contact us anytime at 1-844-4BAJOKA (1-844-422-5652). You can also contact us online here. We have three statewide offices to service you in Detroit, Lansing, and Warren MI. Your freedom could be a phone call away, but it is up to you to make that call. Our attorneys at Bajoka Law are available now to take your call and your case.