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What is the federal sentencing process for drug crimes?
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The Federal Sentencing Process for Drug Crimes
The federal sentencing process for drug crimes can be complicated, with mandatory minimums, sentencing guidelines, and other factors coming into play. This article provides an overview of the key aspects of the federal sentencing process and things to know if you are facing drug charges.
Mandatory Minimum Sentences
One of the most important things to understand is that federal law sets mandatory minimum sentencing guidelines for many drug offenses. This means that judges are required by law to sentence defendants to a certain minimum prison term based solely on the type and quantity of drugs involved, regardless of any mitigating factors.
For example, a conviction for possession with intent to distribute 5 grams of crack cocaine triggers a 5-year mandatory minimum sentence. A conviction for possession with intent to distribute 500 grams of powder cocaine triggers the same 5-year mandatory minimum sentence. The intent of these mandatory minimums was to target high-level drug traffickers, but in practice they have led to long sentences for many lower-level offenders as well.
Mandatory minimums are a huge issue to be aware of when facing federal drug charges, because they can result in very long sentences even for first-time or non-violent offenders. Consulting with an experienced federal drug crimes attorney is essential to understand the potential sentencing exposure based on the charges.
Federal Sentencing Guidelines
In addition to any applicable mandatory minimum sentences, federal judges are also required to consider the U.S. Sentencing Guidelines when determining sentences for drug offenses and other federal crimes.
The guidelines provide recommended sentencing ranges based on the severity of the offense and the defendant’s criminal history. So for example, a guideline range might recommend 78-97 months for a particular drug trafficking offense. The judge has discretion to sentence within that range or outside that range if certain factors justify it, but must provide a written explanation for sentences outside the range.
It’s important to understand that the sentencing guidelines tend to be complex and harsh, especially for drug crimes. Even if no mandatory minimums apply, the sentencing guidelines can still recommend multi-year or even decade-plus sentences in drug cases depending on the offense level and other factors.
Sentencing Hearing
If you are convicted of a federal drug crime, the next major step is the sentencing hearing. This is your opportunity to argue for the most lenient sentence possible under the law. An experienced federal criminal defense attorney will advocate strongly on your behalf at sentencing.
Some of the key things that happen at sentencing are:
- Review of the pre-sentence investigation report (PSR) prepared by the probation department, which recommends a guideline range
- Filing sentencing memorandums by both defense and prosecution
- Arguments at the sentencing hearing regarding the appropriate sentence
- Decision by the judge on the final sentence
The quality of the defense sentencing memorandum and the arguments made at the hearing can have a huge influence on the sentence you receive. That is why skilled advocacy by a federal criminal attorney is so important at this stage.
Strategies to Reduce Sentences
Even when facing serious federal drug charges like trafficking, experienced attorneys can employ strategies to get sentences well below the guidelines or mandatory minimums. For example:
- Plea negotiations – Work out a plea deal to lesser charges not carrying mandatory minimums or reduced sentencing guidelines ranges
- Provide substantial assistance – Help prosecutors build cases against other offenders to qualify for a section 5K1.1 departure from guidelines
- Challenge the guidelines – Argue for downward departures and variances from the guidelines
- Highlight mitigating factors – Play up things like minimal criminal history, non-violence, drug addiction, etc. to justify lower sentences
An attorney who knows their way around the federal sentencing guidelines for drug crimes is invaluable in developing strategies like these to help reduce prison time.
Other Relevant Factors
There are a few other aspects of federal sentencing that are important to keep in mind as well:
- Good behavior credits can reduce a sentence by around 15%
- Parole was abolished in the federal system in 1987, so offenders must serve at least 85% of their sentence
- Appellate courts almost never overturn sentences on appeal, giving trial judges substantial discretion
The complexities and rigid rules in federal sentencing for drug crimes make working with an experienced attorney critical. Don’t leave the length of your prison term to chance – get knowledgeable legal help fighting for the most favorable outcome possible.