How Drug Addiction Can Impact Your Federal Sentencing

If you have been arrested on federal drug charges, your addiction can play an important role in your sentencing. Federal judges have a lot of discretion when it comes to sentencing, and your addiction can be either a mitigating or aggravating factor, depending on the circumstances. In general, having a drug addiction at the time you committed your crime can work in your favor. Under the Federal Sentencing Guidelines, addiction is considered a mitigating factor - meaning it may justify a more lenient sentence. However, the strength of the mitigation depends on several things:

• The level of your addiction
• Whether the crime was connected to supporting your addiction
• Your attempts to get treatment
• Your likelihood of relapse

Judges have to weigh these factors against the seriousness of your crime and your criminal history. Having an addiction doesn’t give you a free pass to commit crimes with no consequences.

Mandatory Minimum Sentences

One major challenge is that many federal drug crimes carry mandatory minimum sentences. This means the judge has no choice but to sentence you to a certain number of years in prison, regardless of mitigating factors like addiction. For example, if you are convicted of selling 50+ grams of meth, you face a 10-year mandatory minimum sentence. Your addiction cannot lower that sentence, even if the crime was clearly connected to your addiction. However, there are a few exceptions that can help you avoid mandatory minimums:

• Substantial Assistance: If you provide "substantial assistance" to prosecutors in building cases against other offenders, they can file a motion allowing the judge to go below mandatory minimums.
• "Safety Valve": If you meet all 5 criteria (no violence, small criminal history, not a leader, etc.), you may qualify to avoid mandatory minimums under the "safety valve."

If you qualify for one of these exceptions, your addiction can once again be considered as a mitigating factor in determining an appropriate sentence below the mandatory minimums.

How Addiction Can Help Mitigate Your Sentence

Assuming there is no mandatory minimum sentence, your addiction can help in several ways:

• It can justify a "downward departure" under the Federal Sentencing Guidelines based on diminished mental capacity.
• It can justify a lower sentence under the §3553(a) sentencing factors that judges must consider.
• It may make you eligible for special "drug court" programs as an alternative to incarceration.

For any of these, you will need to present evidence of your addiction such as medical records, testimony from friends and family, and proof that you have sought or intend to seek treatment. The strength of your argument also depends heavily on your criminal history. If you have prior drug convictions, it will be harder to justify leniency based on addiction. Whereas first-time offenders often receive more sympathy.

When Addiction Can Hurt Your Sentencing

While addiction can help mitigate sentences in many cases, there are certain situations where it may end up hurting you instead. This includes:

• Distribution Crimes: If you were dealing drugs rather than just using them, judges tend to have less sympathy for addiction arguments.
• Violent Crimes: If your crime involved any violence or weapons, your addiction is unlikely to help much at sentencing.
• Leadership Role: If prosecutors can show you had a leadership or manager role in a drug trafficking organization, this makes addiction arguments less compelling.
• Recidivism: As mentioned above, if you have prior convictions for similar drug crimes, judges will be more skeptical of claims that addiction caused you to reoffend.

The bottom line is that while addiction can absolutely help mitigate sentences for simple drug possession and similar non-violent crimes, there are limits in cases involving more serious or repeat offenses. An experienced federal criminal defense lawyer is essential to making the most persuasive case that your addiction should justify a lenient sentence. Be sure to choose a lawyer who understands both the Federal Sentencing Guidelines and the science of addiction. With the right advocacy - and assuming you take steps to show you are committed to treatment and turning your life around - your addiction can make a big difference in avoiding harsh mandatory prison sentences on federal drug charges.

References

Federal Sentencing Guidelines on Addiction Federal drug mandatory minimums Federal "safety valve" exception 3553(a) Sentencing Factors