Share this via Reddit [2] In 2019, there were 1.35 million arrests for drug possession in the US, up from 1.25 million in 2015, the number upon which Human Rights Watch relied in its Every 25 Seconds report. Share this via Printer. One of the most important factors controlling sentencing under Drug Abuse and Control Act are Federal Sentencing Guidelines. Share this via Email The SMART Cocaine Sentencing Act would reduce the current crack-to-powder cocaine sentencing disparity from 18:1 to 2.5:1. Webschedule II drug. [16] But, the criminal legal system is not the solution to this problem and has led to dramatically harmful consequences. S. 2123, the Sentencing Reform and Corrections Act of 2015 (SRCA), is also sponsored by Senators John Cornyn (R-TX), Sheldon Whitehouse (D-RI), Mike Lee (R-UT), Charles Schumer (D-NY), Lindsey Graham (R-SC), Patrick Leahy (D-Vt.), Cory Booker (D-N.J.) and Tim Scott (R-SC). It directs federal agencies to expand scientific understanding of the recovery process by establishing a federal recovery research agenda; adopt flexible, responsive approaches that help people with SUD find and follow a pathway to recovery or remission that works for them; and eliminate barriers and increase economic opportunities for people in recovery. 10-13. endstream endobj startxref 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. 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. When the guidelines are amended, a subsequent, In this section, you will find the Commissions comprehensive archive of yearly amendments and. [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. [74] US: House Votes to End Marijuana Prohibition, Human Rights Watch News release, December 4, 2020, https://www.hrw.org/news/2020/12/04/us-house-votes-end-marijuana-prohibition. 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. Michael Lowe is Celebrating Over 20 YEARS of Service. On appeal, he challenged the district courts denial of his motion for a 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. Nearly one in five people in state prisons and jails are there for drug offenses.[19]. [20] Human Rights Watch, Every 25 Seconds, p. 4. [18], More broadly, the war on drugs has contributed significantly to the problem of mass incarceration in the United States. The current mandatory minimum sentences were enacted in a 1986 drug bill. This report updates an earlier 2016 research study conducted by the USSC, and focuses upon federal sentencing in cases involving simple possession of marijuana in violation of federal law. [62] Drug Policy Alliance, Dismantling the Federal Drug War: A Comprehensive Drug Decriminalization Framework, July 29, 2020, https://drugpolicy.org/resource/dismantling-federal-drug-war-comprehensive-drug-decriminalization-framework-drug-policy (accessed March 9, 2021), p. 1. Harsh sentencing guidelines. WebThe 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 It included military personnel, workers in certain positions that require security clearances, and those who wished to become medical technicians. The Commission establishes sentencing policies and practices for the federal courts. Justices To Clarify Sentencing Provision In First Step Act. Nearly half of all federal prisoners are serving sentences for nonviolent drug crimes. 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. The criminalization of drug possession for personal use is also inherently problematic because it represents a restriction on individual rights that is neither necessary nor proportionate to the goals it seeks to accomplish. WebFEDERAL TRAFFICKING PENALTIES DRUG/SCHEDULE QUANTITY. If death or serious injury, not less than 20 yrs, or more than Life. [47], Criminalization is also a counterproductive public health strategy. 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. At the same time, in the wake of the COVID-19 pandemic, the debate about what constitutes extraordinary and compelling reasons for compassionate release took center stage across the nation with differing results. 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. Current guidelines require that judges impose on such a defendant a sentence under "Level 32" guidelines, requiring a 121 to 151 month incarceration. 15-cr-00449-rsh-2. In this section, you will find resources to assist you in understanding and applying the federal sentencing guidelines. What the USSC Report advises is that federal policy regarding marijuana possession appears to be shifting. [12] Yet, the model that has been used for far too long in the US does little to help people whose drug use has become problematic. [27] Human Rights Watch also found stark racial disparities in arrest rates for drug possession even in the same state or city. 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. 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. Many states have enacted bipartisan smart-on-crime reforms that achieve significant cost savings and reduce crime. 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. [20] There has been a national effort to take on parts of the problemaddressing police abuse, long sentences, and reclassification of certain drugs. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. 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 In this section, you will find a comprehensive collection of research and data reports published on sentencing issues and other areas of federal crime. Jan. 13, 2022 WASHINGTON Thousands of federal inmates will become eligible for release this week under a rule the Justice Department published on Thursday [41] In practice, criminalizing drug use also violates the right to health of those who use drugs. From Guilty Plea to Sentencing Hearing in a Drug Case, Prosecutors Have Standards to Follow: the Federal Principles of Prosecution. Sentencing Commissions Voluntary Sentencing Guidelines, which often call for extremely harsh periods of incarceration. The Commission identified 4,405 offenders sentenced in fiscal year 2021 who received criminal history points under 4A1.1 for prior marijuana possession sentences, representing 8.0 percent of all offenders sentenced that year. (32)(A)). USSC Report, p. 1. The Commission looks forward to hearing more from experts and researching more fully the benefits of these programs.. [15], Governments and communities have a legitimate interest in preventing problematic substance use. Others want to make it harder. [24], Data analyzed by Human Rights Watch shows that, over the course of their lives, white people are more likely than Black people to use illicit drugs in general, as well as marijuana, cocaine, heroin, methamphetamines, and prescription drugs (for non-medical purposes) specifically. 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 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. See 21 U. S. C. 812; 21 CFR 1308.12 (2006). 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. 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. (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 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. [59] Human Rights Watch, Nation Behind Bars: A Human Rights Solution (New York: Human Rights Watch, 2014), https://www.hrw.org/news/2014/05/06/us-nation-behind- bars#:~:text=The%2036%2Dpage%20report%2C%20%E2%80%9C,highest%20reported%20rate%20of%20incarcerat ion, p. 3. A complete list of final priorities may be found hereand in an upcoming edition of the Federal Register. 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). Spurred in part by the Senate, House Judiciary Chair Bob Goodlatte (R-VA) and Ranking Member John Conyers, Jr. (D-MI) reached agreement on a bipartisan House counterpart bill, H.R. The Commission establishes sentencing policies and practices for the federal courts. After decades of tough on crime policies, there is growing recognition in the US that governments need to undertake meaningful criminal justice reform and that the war on drugs has failed. 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. 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. The Federal Drug Testing Laws defined various federal employees who could receive drug testing at any time. About ten percent (10.2%) of these offenders (n=448) had no criminal history points other than those assigned for prior marijuana possession sentences. [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. [51], It is time to rethink the criminalization paradigm. In this section, you will find resources to assist you in understanding and applying the federal sentencing guidelines. 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. Meanwhile, since 2014 there have been less and less federal AUSAs pursuing federal marijuana possession charges despite the literal language of the CSA. From the Report: Across all judicial districts, the overall number of marijuana possession sentencings followed the same pattern, declining from a high of 2,172 in fiscal year 2014 to a low of 145 in fiscal year 2021. Lastly, the USSC Report considers how these points impacted the offenders criminal history category in the calculation of the sentence to be imposed under the USSG. [36] Human Rights Watch, Every 25 Seconds, p. 2. 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. 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. 3713 by voice vote on November 18, 2015. An error occurred while subscribing your email address. 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. Washington, DC 20500. This bill reduces statutory mandatory minimum penalties for certain drug offenses, requires reporting on the impact of cost savings from the reductions, and establishes a public database of federal criminal offenses. The Commission published tentative priorities and invited public comment in September, receiving more than 8,000 letters of public comment in response. 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. For example, some states still have legal barriers that limit access to naloxone, and even in states where those barriers dont exist, naloxone does not always make it to those most at-risk of an overdose. [27] Drug Policy Alliance, 2020 Annual Report, February 17, 2021, https://drugpolicy.org/resource/drug-policy-alliance-annual-report (accessed March 9, 2021), p. 11. 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). Web2022 Sentencing Guidelines and Commentary The 2022 Sentencing Guidelines* are effective August 1, and determine the presumptive sentence for felony offenses committed on or after the effective date. 1698 0 obj <>/Filter/FlateDecode/ID[<6250C5209F8E424C81546E61397A5135><10E6829CBB4E4A459A637594FDD47748>]/Index[1670 106]/Info 1669 0 R/Length 134/Prev 239075/Root 1671 0 R/Size 1776/Type/XRef/W[1 3 1]>>stream We'll be in touch with the latest information on how President Biden and his administration are working for the American people, as well as ways you can get involved and help our country build back better. [13] Voluntary treatment for those who need and want it is often unavailable, and criminalization tends to drive people who use drugs underground, making it less likely they will access care and more likely they will engage in unsafe practices that make them vulnerable to disease and overdose. WASHINGTON, D.C. The United States Sentencing Commission today unanimously approved its policy priorities for the 2022-2023 amendment year ending May 1, 2023. Defendant stole over $400,000 from her elderly uncle. [32] A fresh and evidence-based rethinking of the drug war paradigm that includes moving away from criminalization of simple drug possession is needed. Marijuana appears alongside drugs like heroin, LSD, methaqualone, and ecstasy as a Schedule I Controlled Substance in the CSA. These are defined in the law as having no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse., By comparison, oxycodone and fentanyl are both categorized as lesser Schedule II controlled substances, defined as having a high potential for abuse which may lead to severe psychological or physical dependence.. [3] More than one of every seven arrests by state law enforcement is for simple drug possession. The resulting calculations in the Drug Conversion Calculator already consider such minimum base offense levels and caps. Substance 1 Substance 2 Substance 3 Serious changes occurred by the adoption of newly defined federal drug crimes and totally new But data from the U.S. WebFor these inmates, the CDCR Secretary and county correctional administrator must refer the inmates information to the sentencing court by March 1, 2022. There is consensus across the political spectrum that our criminal justice system is out of balance and in need of significant reform. You have JavaScript disabled. 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. [6] Human Rights Watch, Every 25 Seconds, p. 2. [28] Human Rights Watch, Every 25 Seconds, p. 5. Elmira Man Pleads Guilty to Federal Drug Crime. 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. [46] Criminalizing drugs is not an effective public safety policy. Being charged with a federal drug crime could mean a serious punishment if the accused is found guilty. Share this via Telegram [65] Human Rights Watch, Nation Behind Bars, p. 8. The Guidelines remain in effect until the next publication. But those changes could take two drastically different directions. Please try again. 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. More broadly, because Black communities have been the principal targets in the war on drugs, the burden of drug arrests and incarceration falls disproportionately on Black people, their families, and neighborhoods. [42] The harms experienced by people who use drugs, and their families and broader communities, as a result of the enforcement of these laws, may constitute additional, separate human rights violations. The U.S. Department of Justice said it would allocate $75 million to fund the First Step Act this year, adding a new risk and needs assessment system designed to assess inmates risks of recidivism and to identify their individualized needs to reduce their risks of re-offending. The conflicting holdings and varying results across circuits and districts suggest that the courts could benefit from updated guidance from the Commission, which is why we have set this as an important part of our agenda this year, said Judge Carlton W. Reeves, chair of the Commission.. 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. April 29, 2022 WASHINGTON The Equal Act would appear to be a slam dunk even in a badly divided Congress. [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. 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. 1670 0 obj <> endobj [17] It punishes an activity that does not directly harm others. Although the guidelines are not binding on judges, federal judges still impose guideline-range sentences almost 50% of the time. The impact of a drug conviction can, and often does, impact multiple facets of an individuals life beyond the experience of incarceration. The United States Sentencing Commission today unanimously approved its policy priorities for the 2022-2023 amendment year ending May Lawmakers should ensure that criminal laws permit judges to impose proportionate sentences, that consider individualized circumstances and allow appropriate leniency. WebFor certain controlled substances, the converted drug weights assigned in the Drug Conversion Tables at 2D1.1 are capped at specified amounts. Senate Majority Leader Mitch McConnell (R-KY) has maintained for several months that he will not schedule the bill for floor action until it gains broader Republican support. %%EOF 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 [19] The American criminal justice system holds almost 2.3 million people in 1,833 state prisons, 110 federal prisons, 1,772 juvenile correctional facilities, 3,134 local jails, 218 immigration detention facilities, and 80 Indian Country jails as well as in military prisons, civil commitment centers, state psychiatric hospitals, and prisons in U.S. territories. Prison Policy Initiative, Mass Incarceration: The Whole Pie 2020, March 24, 2020, https://www.prisonpolicy.org/reports/pie2020.html (accessed March 9, 2021), p. 1. The Strategy prioritizes a targeted response to drug traffickers and transnational criminal organizations (TCOs) by hitting them where it hurts the most: their wallets. 15-CR-00449-RSH-2. The nation should not have experienced a war on drugs drug use is a personal choice and the war was started as a political tool with racist intentions. Racial disparities in drug arrests reflect a history of complex political, criminal justice, and socio-economic dynamics, each individually and cumulatively affected by racial concerns and tensions. The Commission will also study case law relating to guidelines commentary and continue its examination of the overall structure of the advisory guideline system post-U.S. v. Booker. These positions were referred to as Testing Designated Positions (TDPs). Sentencing Commission provide judges recommended minimum and maximum terms for federal crimes. [56] On the contrary, it requires a more direct focus on effective measures to reduce the harms associated with problematic drug use, and providing voluntary access to treatment and support for those who struggle with it. /content/aba-cms-dotorg/en/advocacy/governmental_legislative_work/priorities_policy/criminal_justice_system_improvements/federalsentencingreform. 9 Once an inmate reached the new date of parole eligibility, the inmate would proceed through the normal 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.. [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). Please give now to support our work, Written Testimony of Nicole Austin-Hillery Submitted to the US House Committee on the Judiciary Subcommittee of Crime, Terrorism, and Homeland Security, Share this via Facebook 5 . The career-offender Guidelines con-trolled because they recommended a higher sentence than Domestic Cannabis Suppression / Eradication Program, Red Ribbon Toolkit - Resources For Your Community, DEA National Prescription Drug Take Back Day, Intelligence Research Specialist Job Announcements, Schedule A Hiring Authority: Intelligence Research Specialist, Privacy Impact Assessment and Management Information Systems, Victim Witness Assistance Program Resources. Assistant U.S. Attorney Matthew J. McCrobie is prosecuting the case. The President also asked for expedited review of marijuanas scheduling under the CSA. Nonetheless, other states across the country criminalize drug possession and enforce those laws with high numbers of arrestsas of 2019, more than 86 percent of drug arrests were for simple possession. mr. mario puentes sentencing memorandum . Human Rights Watch is a 501(C)(3)nonprofit registered in the US under EIN: 13-2875808. Se habla Espaol. hb``a``^3Ab@q9 LxS @M n@$L7iI g`c}Pi\/f2maNbf>_T%<2fuh=aMl?2X4G6LA. Human Rights Watch is an international organization with staff in more than 40 countries which works to defend the rights of people worldwide. The Attorney General, or the Attorney Generals designee, and the Chair of the U.S. Parole Commission serve as. Critical to criminal defense advocacy is the recognition in the USSC Report that many federal defendants faced enhancements under the USSG because of past convictions on marijuana crimes in state court. This is true even if that state has changed its marijuana laws or even made marijuana possession legal since the person was convicted on the state marijuana charge. [14] Indeed, the last decade has seen a dramatic rise in overdose deaths, hitting over 81,000the highest number ever recorded by the Centers for Disease Control and Prevention in the year that ended in 2020, despite widespread criminalization of simple drug possession. Official websites use .govA .gov website belongs to an official government organization in the United States. Drug Conversion Calculator. [38] In addition, they bear the stigma associated with the labels of drug offender the state has stamped on them, subjecting them to private discrimination in their daily interactions with landlords, employers, and peers. The MORE Act removes marijuana from the Controlled Substances Act and begins to repair the harm marijuana prohibition has caused to millions of people, particularly people of color, by establishing a fund for social equity programs to reinvest in affected communities. 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. It also approved on November 18 by voice vote a separate bill, H.R. 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 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. An international organization with staff in more than Life It punishes an activity that does directly., Prosecutors have Standards to Follow: the federal sentencing guidelines over-reliance on prison is fiscally unsustainable and has a. 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