[26] Yet, in the US, Black adults are three times as likely as white adults to be arrested for simple drug possession. [49] Human Rights Watch, Every 25 Seconds, p. 3. But those changes could take two drastically different directions. The cost of these arrests and incarcerations, however, extend far beyond individual experiences in the formal criminal justice system. 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. One reason for this gap is that people with addiction and those who care for them face too many barriers to treatment. mr. mario puentes sentencing memorandum . Sentencing Commission shows judges rejected more than 80% of compassionate release requests filed from October 2019 through September 2022. In this section, you will find resources to assist you in understanding and applying the federal sentencing guidelines. As of September 30, 2021, marijuana remains illegal in the State of Texas while more and more states are allowing its use within the state jurisdiction. See Map, USSC Report, p. 4. [16] But, the criminal legal system is not the solution to this problem and has led to dramatically harmful consequences. [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. Additional legislative proposals that can contribute to reducing the excessive punishment brought on by the war on drugs, which Congress should undertake and pass, include: Thank you for the opportunity to submit this testimony. [51], It is time to rethink the criminalization paradigm. The bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences, a provision that would make an estimated 6,500 federal prisoners sentenced prior to the change in law eligible to petition for sentence reduction. H.R.3713 has 21 cosponsors and has been jointly referred to the House Judiciary and House Energy and Commerce Committees. I have worked as both a civil and human rights attorney and advocate on criminal justice issues for over a decade, including the interconnected issues of reform, drug policy and racial justice as they relate to the criminal justice system. For more information, check out ourweb resources,readMichael Lowes Case Results,and read his in-depth article,Federal Sentencing Guidelines on Federal Child Pornography cases.. From Guilty Plea to Sentencing Hearing in a Drug Case, Prosecutors Have Standards to Follow: the Federal Principles of Prosecution. [32] A fresh and evidence-based rethinking of the drug war paradigm that includes moving away from criminalization of simple drug possession is needed. WebUSSC Guidelines. Harsh sentencing guidelines. The current mandatory minimum sentences were enacted in a 1986 drug bill. 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. 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. WebThe FSA modifies mandatory minimum sentences for some drug traffickers with prior drug convictions by increasing the threshold for prior convictions that count toward triggering higher mandatory minimums for repeat offenders, reducing the 20-year mandatory minimum (applicable where the offender has one prior qualifying conviction) to a 15-year [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. (1) promulgate the guidelines, policy statements, or amendments provided for in this Act as soon as practicable, and in any event not later than 120 days after the From a criminal defense standpoint, in federal matters it is extremely important not only to research statutes and court case precedent but to monitor federal agency actions and positions especially within the Department of Justice (DOJ) or the Judicial Branch. Things change with the times, and with administrations. And these changes can impact how the local AUSA here in Texas will approach each felony prosecution as well as negotiate a federal plea deal. Secure .gov websites use HTTPSA lock ( [4] 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). [39], In 2021, the nation experienced a national election with record-breaking numbers of voters engaged in the electoral process, yet 5.2 million Americans were forbidden to vote because of felony disenfranchisement, or laws restricting voting rights for those convicted of felony-level crimes.[40] Many of these individuals have a drug conviction that prevents them from enjoying full civic participation. [15], Governments and communities have a legitimate interest in preventing problematic substance use. This press release made available at FAMM provides this report on a new state bar report urging drug sentencing reforms in Massachusetts: Massachusetts must 2018 Guidelines Manual Annotated | United States Sentencing Commi Public Access to Commission Data and Documents, The Commission promulgates guidelines that judges consult when sentencing federal offenders. It goes into details like demographics; past criminal histories; and how these sentences compare to those involving other types of drug charges. Addressing Untreated Addiction for Those At-Risk of an OverdoseAccording to the 2020 National Survey on Drug Use and Health, among the 41.1 million people who needed treatment for substance use disorders (SUD), only 2.7 million (6.5-percent) of them received treatment at a specialty treatment facility over the previous year. Over-reliance on prison is fiscally unsustainable and has imposed a burdensome human toll and a disparate impact on African-American and Latino persons and communities. [58], Almost 30 years of harsh sentencing laws have left the US with over 2.2 million people behind bars. The ABA supports comprehensive federal sentencing reform to address over-incarceration, including expansion of alternatives to prison, greater use of drug courts and community confinement for drug offenders, and restoration of discretion for sentencing judges. It also approved on November 18 by voice vote a separate bill, H.R. 10-13. As part of his guilty plea, Walker admitted that on February 12, 2022, he drove a rental vehicle from his residence in Elmira to Cortland, New York. [28] In Manhattan, for example, we found that Black people were eleven times as likely as white people to be arrested for simple drug possession. Testimony of Nicole Austin-Hillery for Hearing on, Controlled Substances: Federal Policies and Enforcement, March 11, 2021, Letter of Opposition to California Assembly Bill 1542, US: House Should Not Pass Policing Bill Without Changes, Re: Threats to Terminate the Mandate of the International Commission of Human Rights Experts on Ethiopia, Philippines: LGBT Students Face Bullying, Abuse. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. Reform of the federal criminal justice system is urgently needed to restore balance to a system in crisis. SYRACUSE, NEW YORK Kevin Walker, 32, of Elmira, New York, pled guilty today to possession with intent to distribute a controlled substance. Lock Share this via Printer. The Second Look Act would allow any individual who has served at least 10 years in federal prison to petition a court to take a second look at their sentence before a judge and determine whether they are eligible for a sentence reduction or release. Congress has an opportunity to make transformative changes to drug policies that finally provide an equitable, compassionate, and sound solution to addressing the numerous concerns laid out in this testimony. This is because federal offenses fall under the purview of the U.S. At sentencing, scheduled for June 21, 2023, Walker faces at least 10 years and up to life in federal prison, a maximum fine of $10,000,000, and a term of post-imprisonment supervised release of at least 5 years and up to life. Among its top priorities is implementation of two significant changes made by the First Step Act of 2018. New York Penal Law Sections 221.05 - 221.30 (possession of marijuana) Penalties and Sentences. The law will allow courts to grant probation or suspend sentences a practice currently prohibited by state law for people convicted of nonviolent drug offenses and Possession Laws: Federal drug statutes outline mandatory drug sentences for the distribution, manufacturing, and possession with the intent to distribute for a variety of substances. Once a court receives an inmates referral, it has until October 1, 2022, to resentence the inmate under the new law. BOSTON A Saugus woman was convicted today by a federal jury in Boston in connection with a scheme to The cost to the incarcerated individuals, their families, and communities, is devastating. As an example, earlier this month we discussed how influential a single memorandum sent by the Attorney General of the United States to all federal prosecutors will be in future criminal defense cases involving federal felony charges. Read, Policy Changes in Charges, Pleas, and Sentencing for Federal Drug Crime Prosecutions: New AG Garland DOJ Directive. In this section, you will find a comprehensive collection of research and data reports published on sentencing issues and other areas of federal crime. But data from the U.S. [72] The Justice Roundtable, Transformative Justice, p. 45. The USSC HelpLine assists practitioners in applying the guidelines. 2022 American Bar Association, all rights reserved. Your email address will not be published. 3713 by voice vote on November 18, 2015. ABA Racial and Ethnic Profiling Policy (2008), ABA Racial Disparities in the Criminal Justice System Policy (2004), ABA Sentencing Policy on Effective Criminal Sanctions (2007), American Bar Association /content/aba-cms-dotorg/en/advocacy/governmental_legislative_work/priorities_policy/criminal_justice_system_improvements/federalsentencingreform. Many states facing unsustainable prison growth have enacted sentencing reforms to expand alternatives to incarceration and shorten sentences for non-violent offenders, with good results. The Strategy builds on the Presidents FY 23 budget request for a $300 million increase to support the work of Customs and Border Protection (CBP)one of the largest This website is produced and published at U.S. taxpayer expense. [48] Rates of drug use across drug types in the US have not decreased over the past decades, despite widespread criminalization. Help us continue to fight human rights abuses. I am honored to have this opportunity to address the committee regarding ways to effectively, and fairly, approach drug policy in the United States. He intended to meet another individual in the parking lot of a Cortland business to sell to that individual 447 grams of pure methamphetamine, which Walker had in the trunk of the vehicle. [36] Human Rights Watch, Every 25 Seconds, p. 2. More than 95,000 federal prisoners are serving time for drug-related offenses—up from fewer than 5,000 in 1980.1 Changes in drug crime patterns and law enforcement practices played a role in this growth, but federal sentencing laws enacted during the 1980s and 1990s also have required more drug offenders to go to If death or serious injury, not less than 20 yrs, or more than Life. The Attorney General, or the Attorney Generals designee, and the Chair of the U.S. Parole Commission serve as. And the Strategy includes specific actions to improve access to medication for opioid use disorder (MOUD) programs for jails and prisons; identify ways to advance racial equity in the investigation, arrest, and sentencing for drug related offenses without negatively impacting public safety; divert non-violent individuals from the criminal justice system and juvenile justice systems to treatment when appropriate; and remove barriers and expand supportive services to help reintegrate people into society after incarceration. These provisions would allow qualifying inmates to earn reduced sentences through participation in recidivism reduction prison programs including work, job training, drug treatment and faith-based activities. [65] Human Rights Watch, Nation Behind Bars, p. 8. The United States Sentencing Commission today unanimously approved its policy priorities for the 2022-2023 amendment year ending May For certain controlled substances, the converted drug weights assigned in the Drug Conversion Tables at 2D1.1 are capped at specified amounts. However, reflected in the Judiciary Committee markup vote, there is active opposition to the bill. It also calls for actions that will expand access to evidence-based treatments that have been shown to reduce overdose risk and mortality. First Offense: Not more that 20 yrs. [20] Human Rights Watch, Every 25 Seconds, p. 4. Although the guidelines are not binding on judges, federal judges still impose guideline-range sentences almost 50% of the time. The SMART Cocaine Sentencing Act would reduce the current crack-to-powder cocaine sentencing disparity from 18:1 to 2.5:1. ABA Letter Urging House Judiciary Committee Approval of Sentencing Reform Legislation, ABA Letter Urging Senate Support for Sentencing Reform Legislation, ABA Letter Urging Senate Judiciary Approval of Sentencing Reform Legislation, Drivers of Growth in the Federal Prison Population, Fact Sheet on US Incarceration of Juveniles, Federal Prison Spending at the U.S. Department of Justice: Unsustainable and Dangerous. Since the October markup, the number of Senators cosponsoring S. 2123 has grown to 28, comprised equally of 14 Republicans and 14 Democrats. Similarly, key tools like naloxone and syringe services programs are often restricted or underfunded at the community level, which limits access for people who use drugs. The Commission intends to issue amendments to section 5C1.2 to recognize the revised statutory criteria and consider changes to the 2-level reduction in the drug trafficking guideline currently tied to the statutory safety valve. Under federal law, as defined in the USSC Report, [s]imple possession of marijuana refers to possessing a small amount of marijuana to consume or use, but without an intent to sell or give it to another person. USSC Report, p. 1. It included military personnel, workers in certain positions that require security clearances, and those who wished to become medical technicians. Share sensitive information only on official, secure websites. The impact of a drug conviction can, and often does, impact multiple facets of an individuals life beyond the experience of incarceration. %%EOF
The authors of the USSC Report acknowledge the changing tide in marijuana possession laws among the states and territories, with more and more jurisdictions not only permitting marijuana use for medicinal purposes but allowing personal recreational marijuana use in small amounts (decriminalization). The Commission establishes sentencing policies and practices for the federal courts. On appeal, he challenged the district courts denial of his motion for a Being charged with a federal drug crime could mean a serious punishment if the accused is found guilty. [21] Each of these steps is critical and I will address some of them further herein. Share this via WhatsApp [10] There are injustices and corresponding harms at every stage of the criminal process, harms that are all the more apparent when, as often happens, police, prosecutors, or judges respond to drug use as aggressively as the law allows. [28] Human Rights Watch, Every 25 Seconds, p. 5. [18], More broadly, the war on drugs has contributed significantly to the problem of mass incarceration in the United States. In this section, you can follow the Commissions work through the amendment cycle as priorities are set, research is performed, testimony is heard, and amendments are adopted. The Commission serves as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public. Communities of color and low-income people are disproportionately impacted by drug arrests and the unintended consequences of those arrests. 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. 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. Webthese crimes, New Jersey would take a significant step towards addressing the lack of proportionality in the States sentencing laws and help undo a system of mass incarceration 8 2019 Commission Report, at 1-2. These one-size-fits-all punishments allow prosecutors to strong-arm guilty pleas and severely punish anyone who chooses to go to trial. 14 For example, there is a 5-year mandatory minimum and a 40-year maximum sentence for possessing (with the intent to distribute) 5 grams of meth, 100 A bipartisan group of senators led by Senate Judiciary Committee Chairman Chuck Grassley (R-IA) and Dick Durbin (D-IL) on October 1, 2015 introduced comprehensive legislation aimed at recalibrating prison sentences for certain drug offenders, narrowing mandatory minimum sentences to target violent criminals, and granting judges greater discretion at sentencing for lower-level drug crimes. [15] United States Centers for Disease Control and Prevention, Overdose Deaths Accelerating During COVID-19,: Expanded Prevention Efforts Needed, CDC press release, December 17, 2020, https://www.cdc.gov/media/releases/2020/p1218-overdose-deaths-covid-19.html (accessed March 9, 2021). [1] Human Rights Watch and the American Civil Liberties Union, Every 25 Seconds: The Human Toll of Criminalizing Drug Use in the United States (New York: Human Rights Watch, 2016), https://www.hrw.org/report/2016/10/12/every-25-seconds/human-toll-criminalizing-drug-use-united-states 2016, p. 2. Elmira Man Pleads Guilty to Federal Drug Crime. [3] More than one of every seven arrests by state law enforcement is for simple drug possession. Fine of not more than $5 million It also determined that petitioner was a career of-fender under the Sentencing Guidelines. 1-2. In addition, the First Step Act made changes to the safety valve, which relieves certain drug trafficking offenders from statutory mandatory minimum penalties. Serious changes occurred by the adoption of newly defined federal drug crimes and totally new WebFor these inmates, the CDCR Secretary and county correctional administrator must refer the inmates information to the sentencing court by March 1, 2022. (1) A person possessing or using a controlled substance in an amount no greater than the benchmark amount (determined by the Commission on Substance Use, 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. Other ways to share Sentencing Commissions Voluntary Sentencing Guidelines, which often call for extremely harsh periods of incarceration. 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. These positions were referred to as Testing Designated Positions (TDPs). In this section, you can follow the Commissions work through the amendment cycle as priorities are set, research is performed, testimony is heard, and amendments are adopted. The Commission serves as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public. [9] 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. [57] Human Rights Watch, Every 25 Seconds, p. 13. 1775 0 obj
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[64] While the First Step Act, signed into law by the previous administration in 2018, took some steps to address the issue of over-incarceration, bolder and larger steps are needed. In Part One, the USSC Report evaluates trends in these types of sentences since 2014. [33] Any solutions should also include a focus on communities and the needs identified by community members themselves and not simply those identified by politicians and outside stakeholders. [22] What is needed, particularly in this historic moment where we have come face to face with issues of racial and economic disparities, is a comprehensive approach to ending the failed policies of the war on drugs and addressing the economic, social, and health needs of communities, disproportionately impacted by them, largely Black and brown. 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