The USSC HelpLine assists practitioners in applying the guidelines. 1670 0 obj <> endobj Harsh sentencing guidelines. 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). [4], [5] Each day, tens of thousands more are convicted for that possession, cycle through jails and prisons, and spend extended periods on probation and parole, often burdened with crippling debt from court-imposed fees and fines. Justices To Clarify Sentencing Provision In First Step Act. Sentencing Commission shows judges rejected more than 80% of compassionate release requests filed from October 2019 through September 2022. [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. 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. On October 6, 2022, President Joseph Biden granted a pardon to current U.S. citizens and lawful permanent residents convicted of the federal offense of simple possession of marijuana. [28] Human Rights Watch, Every 25 Seconds, p. 5. 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. 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. [7] A criminal record locks these individuals out of jobs, housing, education, welfare assistance, voting and much more. I am honored to have this opportunity to address the committee regarding ways to effectively, and fairly, approach drug policy in the United States. Human Rights Watch is not aware of any empirical evidence that low-level drug possession defendants would otherwise go on to commit violent crimes. There is consensus across the political spectrum that our criminal justice system is out of balance and in need of significant reform. These sentences are criminal penalties that limit judicial discretion and require judges to impose a specified minimum term of imprisonment upon conviction.[66] Nearly two-thirds of all federal drug sentences are subject to mandatory minimums. [40] The Sentencing Project, Locked Out 2020: Estimates of People Denied Voting Rights Due to a Felony Conviction, October 30, 2020, https://www.sentencingproject.org/publications/locked-out-2020-estimates-of-people-denied-voting-rights-due-to-a-felony-conviction/ (accessed March 9, 2021), p. 1. Some want to make it easier for people to get out of prison. It also calls for actions that will expand access to evidence-based treatments that have been shown to reduce overdose risk and mortality. Sentencing Commission. The First Step Act amended the statute providing for compassionate release to allow defendants for the first time to file for compassionate release, without having the Director of the Bureau of Prisons make a motion. 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. WASHINGTON, D.C. The United States Sentencing Commission today unanimously approved its policy priorities for the 2022-2023 amendment year ending May 1, 2023. Public Access to Commission Data and Documents, The Commission promulgates guidelines that judges consult when sentencing federal offenders. Reform of the federal criminal justice system is urgently needed to restore balance to a system in crisis. Share this via Printer. [6] Human Rights Watch, Every 25 Seconds, p. 2. Current guidelines require that judges impose on such a defendant a sentence under "Level 32" guidelines, requiring a 121 to 151 month incarceration. 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. The legislation, which aims to end a longstanding endstream endobj startxref Use the Drug Conversion Calculator to convert the quantity of up to three controlled substances at the same time to its converted drug weight. Assistant U.S. Attorney Matthew J. McCrobie is prosecuting the case. 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. An official website of the United States government. United States Attorney Carla B. Freedman, Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration-New York Division, and Steven A. Nigrelli, Acting Superintendent of the New York State Police made the announcement. 9 Once an inmate reached the new date of parole eligibility, the inmate would proceed through the normal The Strategy focuses on two critical drivers of the epidemic: untreated addiction and drug trafficking. Comments are welcomed here and I will respond to you -- but please, no requests for personal legal advice here and nothing that's promoting your business or product. [25] Data has consistently shown that Black and white adults use illicit drugs and marijuana at similar rates. WebFor these inmates, the CDCR Secretary and county correctional administrator must refer the inmates information to the sentencing court by March 1, 2022. [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. 5 . (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, 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. Washington, DC 20500. 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. [58], Almost 30 years of harsh sentencing laws have left the US with over 2.2 million people behind bars. In Texas, there are mandatory minimum sentences for someone found guilty of a federal drug crime. The cost to the incarcerated individuals, their families, and communities, is devastating. [11], Families, friends, and neighbors understandably want government to take actions to prevent the potential harms of substance use disorder. mr. mario puentes sentencing memorandum . Sentencing Commissions Voluntary Sentencing Guidelines, which often call for extremely harsh periods of incarceration. [17] It punishes an activity that does not directly harm others. But those changes could take two drastically different directions. [29] The sheer magnitude of drug possession arrests means that they are a defining feature of the way certain communities experience and interact with police in the United States.[30]. April 29, 2022 WASHINGTON The Equal Act would appear to be a slam dunk even in a badly divided Congress. 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. Arrest Statistics Say No, New York Times, November 5, 2019, https://www.nytimes.com/2019/11/05/upshot/is-the-war-on-drugs-over-arrest-statistics-say-no.html(accessed March 9, 2021). In Part Two, the USSC considers both federal and state law in prior sentences for simple marijuana possession and analyzes how they impact USSG criminal history calculations for new federal offenses. [3] More than one of every seven arrests by state law enforcement is for simple drug possession. [53] Other countriesand now some states in the US (in particular, Oregon) are experimenting with models of decriminalization that the US can examine to help chart a path forward. 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. [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. Comments are moderated and these will not be published. WebUSSC 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 In this section, learn about the Commissions mission, structure, and ongoing work. Sentencing Commission. It also includes efforts to strengthen domestic law enforcement cooperation to disrupt the trafficking of illicit drugs within the United States, and increase collaboration with international partners to disrupt the supply chain of illicit substances and the precursor chemicals used to produce them. This commission is responsible for establishing the guidelines 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. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. It is the burden of increased police presence and surveillance which equals not just more drug arrests but more arrests in total, in addition to the other non-quantifiable damage that comes from living under police scrutiny. 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. [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 Commission also set out its intent to implement criminal provisions contained in the Bipartisan Safer Communities Act, which includes increased penalties for certain firearms offenses, and other legislative enactments that require Commission action. Sentencing Commission provide judges recommended minimum and maximum terms for federal crimes. But data from the U.S. [43], At the time of the Human Rights Watch/ACLU report in 2016, all US states and the federal government criminalized possession of certain categories of drugs for personal use. 2022 American Bar Association, all rights reserved. WebFor certain controlled substances, the converted drug weights assigned in the Drug Conversion Tables at 2D1.1 are capped at specified amounts. 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. H.R.3713 has 21 cosponsors and has been jointly referred to the House Judiciary and House Energy and Commerce Committees. [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. 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. Defendant stole over $400,000 from her elderly uncle. It's time to renew your membership and keep access to free CLE, valuable publications and more. A complete list of final priorities may be found hereand in an upcoming edition of the Federal Register. 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. Brandon Vanorman, 45, of Spencer, New York, is charged in a criminal complaint with Possession with Intent to Distribute Methamphetamine and Cocaine. Human Rights Watch is a 501(C)(3)nonprofit registered in the US under EIN: 13-2875808. [36] Human Rights Watch, Every 25 Seconds, p. 2. However, these steps are simply not enoughit is time to have a real, honest and critical discussion about the criminalization of drug use and what steps must be taken to rethink reform. [57] Ultimately, the criminal law does not achieve these important ends, and causes additional harm and loss instead. [63] Human Rights Watch, Nation Behind Bars, p. 1. If death or serious injury, not less than 20 yrs, or more than Life. I have served in leadership roles in national organizations where I oversaw work focused on how to improve our justice system to provide fair and racially equitable policies regarding drug enforcement and treatment. Being charged with a federal drug crime could mean a serious punishment if the accused is found guilty. A defendant convicted of a federal drug crime could previously receive the following penalties under the Anti-Drug Abuse Act: A conviction of a drug offense involving the trafficking of 500 grams or more of powder cocaine carried a mandatory minimum sentence of at least five years in prison. But those changes could take two drastically different directions. The House is expected to package together the several separately approved Judiciary bills for floor action during a "criminal justice reform week" later this year. 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. 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. [56] Human Rights Watch, Every 25 Seconds, p. 13. United States Sentencing Commission, Guidelines Manual 4B1.1(b) (Nov. 2008) (USSG). The Commission looks forward to hearing more from experts and researching more fully the benefits of these programs.. /content/aba-cms-dotorg/en/advocacy/governmental_legislative_work/priorities_policy/criminal_justice_system_improvements/federalsentencingreform. Within the Judicial Branch, the USSC operates as an independent agency comprised of seven commissioners, each appointed by the President and confirmed by the Senate. Three of the commissioners, by law, must be federal judges. The Attorney General of the United States serves the USSC in an ex officio capacity (he cannot vote). Your email address will not be published. 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