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. Reform of the federal criminal justice system is urgently needed to restore balance to a system in crisis. Lock The Act expanded eligibility to certain offenders with more than one criminal history point. 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. [47], Criminalization is also a counterproductive public health strategy. If death or serious injury, not less than 20 yrs, or more than Life. The criminal provisions of the comprehensive Drug Abuse and Control Act did not just change existing law. The Senate Judiciary Committee held a hearing on S. 2123 October 19. It also approved on November 18 by voice vote a separate bill, H.R. The prospective sentencing reforms incorporated in the First Step Act, including reduced sentencing enhancements for prior drug offenses, clarification that the The criminal provisions of the comprehensive Drug Abuse and Control Act did not just change existing law. WebThe Sentencing Commission was created in 1987 to combat sentencing disparities across jurisdictions. Unfortunately, these changes are not retroactive, and it is estimated at least four thousand people in federal prison today serving sentences under now-reformed statutes will not benefit, including many people who will die in prison without retroactivity.[68]. 5 . 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. [57] Ultimately, the criminal law does not achieve these important ends, and causes additional harm and loss instead. 1670 0 obj <> endobj [36] Human Rights Watch, Every 25 Seconds, p. 2. [35] 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. 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. But those changes could take two drastically different directions. This is because federal offenses fall under the purview of the U.S. This is due in significant degree to the proliferation of mandatory minimum sentences. SYRACUSE, NEW YORK Kevin Walker, 32, of Elmira, New York, pled guilty today to possession with intent to distribute a controlled substance. Drug Conversion Calculator. 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 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. From a criminal defense viewpoint, the USSC Report appears to be the necessary cornerstone for the USSC to amend its USSG for marijuana possession charges in the future. How much the new USSC Report can sway lawmakers to amend the current Controlled Substances schedule of the CSA, removing marijuana from its current Schedule I classification, has yet to be seen. I am honored to have this opportunity to address the committee regarding ways to effectively, and fairly, approach drug policy in the United States. 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. At the center of this debate is early release. [45], Criminalization has yielded few, if any, benefits. WebManufacturing methamphetamine carries a federal sentence of up to 10 years imprisonment and a $250,000 fine for the first offense, and up to 20 years and a $500,000 fine for the second offense. 3553(a). 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. Although the guidelines are not binding on judges, federal judges still impose guideline-range sentences almost 50% of the time. 1-2. 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. Washington, DC 20500. 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. 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. [20] There has been a national effort to take on parts of the problemaddressing police abuse, long sentences, and reclassification of certain drugs. Since the October markup, the number of Senators cosponsoring S. 2123 has grown to 28, comprised equally of 14 Republicans and 14 Democrats. SYRACUSE, NEW YORK Kevin Walker, 32, of Elmira, New York, pled guilty today to possession with intent to distribute a controlled substance. 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). But those changes could take two drastically different directions. In Part One, the USSC Report evaluates trends in these types of sentences since 2014. My name is Nicole Austin- Hillery and I am the Executive Director of the US Program at Human Rights Watch. 15-cr-00449-rsh-2. WebUSSC Guidelines. But data from the U.S. 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. 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). [59] In the 1980s state and federal legislators began to adopt tough on crime laws in response to rising crime rates, racial tensions, the emergence of crack cocaine, supposed threats to traditional values from counterculture movements, and fears of perceived increases in the numbers of immigrant and youth offenders. The Commission serves as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public. Others want to make it harder. 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. 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. WebThe growth of mandatory minimum sentencing laws. 3 . [20] Human Rights Watch, Every 25 Seconds, p. 4. Federal sentencing guidelines take into account not only the amount of marijuana but also past convictions. [65] Human Rights Watch, Nation Behind Bars, p. 8. There is consensus across the political spectrum that our criminal justice system is out of balance and in need of significant reform. The Attorney General, or the Attorney Generals designee, and the Chair of the U.S. Parole Commission serve as. It was an abject failure of a policy that violated human rights at its onset. [40] The Sentencing Project, Locked Out 2020: Estimates of People Denied Voting Rights Due to a Felony Conviction, October 30, 2020, https://www.sentencingproject.org/publications/locked-out-2020-estimates-of-people-denied-voting-rights-due-to-a-felony-conviction/ (accessed March 9, 2021), p. 1. 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. Commissioners are nominated by the President and confirmed by the Senate. The new law is an effort to protect consumers from misleading advertising and to support local farmers. 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. 3713 and S. 2123, respectively, and to support strong sentencing reform provisions in any final comprehensive reform package. [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). 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. The ABA urges House and Senate members to cosponsor or support H.R. The Human Toll of Criminalizing Drug Use in the United States, Marijuana Arrestees Do Not Become Violent Felons, Human Rights Watch defends the rights of people in close to 100 countries worldwide, spotlighting abuses and bringing perpetrators to justice. BOSTON A Saugus woman was convicted today by a federal jury in Boston in connection with a scheme to 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. Serious changes occurred by the adoption of newly defined federal drug crimes and totally new Share sensitive information only on official, secure websites. 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. [2] Then and now, police in the United States make far more arrests for simple drug possession than for any other crime. Finally, it emphasizes the need to develop stronger data collection and analysis systems to better deploy public health interventions. The career-offender Guidelines con-trolled because they recommended a higher sentence than For more on how the sentencing guidelines work in a particular case, read some of our earlier discussions of the USSG with examples of how the Sentencing Tables are used: The newly published USSC Report is the latest in a series of research reports compiled by the USSC. It builds upon an earlier report entitled Simple Possession Of Drugs in the Federal Criminal Justice System, published by the Commission on September 21, 2016. While USSC research reports are not the stuff of formal amendments to the USSG themselves, they are still very important. Some want to make it easier for people to get out of prison. United States Attorney Carla B. Freedman, Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration-New York Division, and Steven A. Nigrelli, Acting Superintendent of the New York State Police made the announcement. Share this via Reddit The resulting sentencing guidelines provide structure for the courts sentencing discretion to help ensure that similar offenders who commit similar offenses receive similar sentences. Get the world's top human rights news, straight to your inbox. [24] Human Rights Watch, Every 25 Seconds, p. 4. 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. [18], More broadly, the war on drugs has contributed significantly to the problem of mass incarceration in the United States. Tennessees legislature is expected to consider major changes to the states criminal sentencing guidelines in the new session. 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. 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. This press release made available at FAMM provides this report on a new state bar report urging drug sentencing reforms in Massachusetts: Massachusetts must 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. In this section, learn about the Commissions mission, structure, and ongoing work. It goes into details like demographics; past criminal histories; and how these sentences compare to those involving other types of drug charges. Communities of color and low-income people are disproportionately impacted by drug arrests and the unintended consequences of those arrests. The impact of a drug conviction can, and often does, impact multiple facets of an individuals life beyond the experience of incarceration. [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. 1775 0 obj <>stream In this section, you will find a comprehensive collection of research and data reports published on sentencing issues and other areas of federal crime. Include in any sentencing reform legislation provisions that ensure the new law will be applied retroactively to individuals who have already been sentenced. [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). 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. mr. mario puentes sentencing memorandum . 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. 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. [6] Drug possession arrests remain significant contributors to mass incarceration in the United States. Fine $1 million if an individual, $5 million if not an individual. [28] Human Rights Watch, Every 25 Seconds, p. 5. Many states have enacted bipartisan smart-on-crime reforms that achieve significant cost savings and reduce crime. Official websites use .govA .gov website belongs to an official government organization in the United States. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. The current mandatory minimum sentences were enacted in a 1986 drug bill. 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. [37] People convicted of simple drug possession may no longer qualify for educational loans; they may be forced to rely on public transport because their drivers license is automatically suspended; they may be banned from juries and they may face deportation if they are not US citizens, no matter how long they have lived in the US or how many family members live in the country. For federal offenders sentenced for any crime type, however, prior marijuana possession sentencesboth federal and stateoften affected their criminal history calculations under the guidelines. In this section, you will find resources to assist you in understanding and applying the federal sentencing guidelines. 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. 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