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Sentencing for Drug Conspiracy Convictions
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Sentencing for Drug Conspiracy Convictions
Getting charged with drug conspiracy can be scary. It’s a serious felony charge that can lead to years behind bars if convicted. But how much time you actually get depends on a lot of factors. This article will break down sentencing for federal drug conspiracy convictions and what goes into it.
First off, what exactly is drug conspiracy? It’s when two or more people agree to break drug laws together by manufacturing, distributing, or possessing illegal drugs (usually trafficking). Simply put, it’s planning with others to commit a drug crime.
Federal drug conspiracy charges always involve pretty hefty penalties. That’s because the government wants to crack down hard on organized drug operations. Let’s get into the nitty gritty of how sentencing works…
Federal Sentencing Guidelines
The main thing determining your sentence for federal drug conspiracy is the US Federal Sentencing Guidelines. This is a whole system of rules the judge has to consider when picking your punishment. It gives a sentencing range based on:
- The drug amount (weight) involved in the conspiracy
- Your criminal history
- Whether you had an aggravating role like leader/organizer
- Whether you accepted responsibility by pleading guilty
The guidelines use a point system. More points means more prison time. The judge calculates your total points then it gives a sentencing range in months. Like if you have 46 points, your range could be 78-97 months.
When determining points, drug weight is a huge deal. Even small amounts can ratchet up your range. The government will tally all the drugs from the whole conspiracy, not just what was yours. So you can get stuck with way more weight than you actually handled.
The guidelines are advisory, not mandatory. But judges rarely go outside the range, only if there’s good reasons. We’ll talk about asking for a “departure” later.
Mandatory Minimum Sentences
In drug cases, you often face mandatory minimum sentences on top of the guidelines. These are set by federal law based on drug type and weight. The most common are:
- 5 years for 28g of crack or 500g of powder cocaine
- 10 years for 280g of crack or 5kg of powder cocaine
- 10 years for 1kg of heroin
- Mandatory life for a third felony drug offense or two prior felonies
The mandatory minimum replaces the guideline range if it’s lower. So if you normally have a range of 78-97 months but the law says 5 years minimum, you’ll get 5 years.
These mandatory minimums are harsh. Even low-level guys doing small favors for a drug ring can get stuck with them if the whole operation was moving serious weight. Some people argue they’re unfair and lead to overly punitive sentences .
Mitigating Factors
Okay, so the guidelines and mandatory minimums make it look bad. But there are still ways you can try lowering your sentence for drug conspiracy through mitigating factors. Things that could help are:
- Minimal criminal history
- Addiction issues
- Non-violent history
- Played small role in the conspiracy
- Cooperated with prosecutors
- Remorse and accepting responsibility
Your defense lawyer will present these to try convincing the judge you deserve less time. If you had addiction problems and got roped into the conspiracy at the bottom rung, those are very sympathetic facts. The judge may agree to go lower than the guidelines recommend.
Cooperating against the higher-ups by testifying or providing substantial assistance is also huge. Prosecutors can ask for a “departure” below the guidelines and minimums in return. But you have to provide very valuable info they didn’t already have. Just ratting on your equals probably won’t cut it.
Plea Bargaining
Most drug conspiracy cases end in plea deals rather than trial. Negotiating with prosecutors can help reduce your potential sentence. Things they may offer are:
- Pleading to a lesser charge without mandatory minimums
- Agreeing not to file added enhancements that increase your points
- Stipulating to a lower drug weight amount
- Recommending a sentence on the low end of the guidelines
- Letting you cooperate in exchange for a departure motion
If you plead guilty without a deal, you lose your bargaining power. Make sure to negotiate first. The downside is you have to give up your trial rights. But avoiding risky 10 or 20 year minimums may be worth it. Many defendants see pleading as the safer option even if they have good defenses.
Sentencing Alternatives
In some drug conspiracy cases, judges can go outside the guidelines and minimums. Possible alternatives to reduce or avoid prison time include:
- Probation – No incarceration, just supervision in the community
- House arrest – Stay at home except for approved reasons like work
- Community confinement – Live at halfway house instead of prison
- Deferred adjudication – Case dismissed after successfully finishing probation
These are rare in big federal drug cases unless you had an extremely minor role or qualify for a “safety valve” exception to minimums. But your lawyer may argue for these options if the circumstances warrant it.
Parole
Many wonder about parole in the federal system. The truth is there’s no parole anymore for offenses after 1987. You have to serve at least 85% of your full sentence. Some inmates can get up to 15% off for good behavior.
The only exception is if you got a life sentence. Then you may be eligible for “compassionate release” after serving 30 years if you meet certain criteria. But for any definite sentence, you’ll do at least 85% of the time behind bars.
Probation and Supervised Release
What about after you serve your prison time? Most federal sentences come with 3 to 5 years of “supervised release” when you get out. It’s kind of like probation – you have to follow conditions and check in with an officer.
If you violate the terms, the judge can revoke supervised release and make you serve more time. The maximum is usually up to 1 more year, but it depends how much supervised release you initially got.
Supervised release is in addition to your prison sentence, not in place of it. The exceptions are if you got straight probation or house arrest instead of incarceration.
State vs Federal
One last thing to mention is the difference between state and federal charges. Sometimes a big conspiracy can face both state and federal prosecution. You may wonder why…
The main reasons federal cases are worse are:
- Higher mandatory minimum sentences
- Tougher federal sentencing guidelines
- No parole
- Often more aggressive prosecution
So if you have the option, state charges may be preferable. But working out a federal plea deal is usually better than risking trial. An experienced defense lawyer can advise you on the pros and cons in your particular case.
Conclusion
Drug conspiracy is a broad offense that can potentially lead to very high sentences. But there are ways to mitigate and fight the charges. With a knowledgeable attorney and proactive defense strategy, it may be possible to avoid some of the harshest penalties.
The guidelines, mandatory minimums, and plea negotiation dynamics are complex. Educate yourself on the process and potential outcomes. And be ready to present the most sympathetic facts about your situation. Understanding federal sentencing for drug conspiracies will help you make informed decisions about your best options.
Good luck and stay positive! Our justice system isn’t perfect, but with perseverance you can overcome the obstacles. Take it step by step – you’ll get through this.