Federal Sentencing Guidelines for Drugs
The use and sale of illegal drugs has become a problem on an epic scale for the United States government. In an effort to combat the flow of illegal drugs and to reduce the harm caused by their sale, the federal government established the U.S. Sentencing Guidelines to dictate punishments for people convicted of drug crimes. Federal Court Sentencing Guidelines prescribe penalties for federal drug crimes in several ways. These include mandatory minimum sentencing laws, federal drug trafficking penalties and Federal Sentencing Guidelines. Understanding the differences between these penalty systems can help to achieve a clearer comprehension of the nature of United States Sentencing Guidelines for illegal drugs.
Types of Federal Sentencing Guidelines for Drugs
There are three main groups of guidelines used by the federal government to dictate punishments for drug crimes. They are mandatory minimum sentencing laws, Federal Sentencing Guidelines and Federal Drug Trafficking Penalties. Each group deals with a different type of offense based on several factors.
Mandatory minimum sentencing laws
Most mandatory minimum sentences derive the length of punishment in terms of years in prison. This length of time is determined by the weight or amount of the drugs seized in the arrest and the type of drugs seized. In most cases, mandatory minimum laws prevent the judge from considering mitigating factors in the case.
For example, a person arrested with 28 grams of crack cocaine can face a mandatory minimum sentence of five years in prison without the possibility of parole.
Federal Sentencing Guidelines
U.S. Federal Sentencing Guidelines for federal criminal acts differ from mandatory minimum sentencing laws in a few distinct ways. Perhaps the most noticeable difference is the allowance of mitigating factors in the judge’s decision. Also, Federal Sentencing Guidelines allow the judge to assign a punishment “range.” This means that a judge can consider mitigating factors in a particular drug case and, instead of a mandatory sentence of a set number of years, pass down a sentence ranging a span of time.
For example, a sentencing range for a drug offense could be between 18 to 24 months in prison.
Federal Drug Trafficking Penalties
Federal Drug Trafficking Penalties deal with the transport, sale and distribution of drugs, rather than with simple drug possession. As such, the sentences these guidelines prescribe reflect the weight, amount and type of drugs involved in the case.
For example, a person found guilty of selling five to 49 grams of pure methamphetamine may be sentenced to no less than 10 years in prison and no more than life in federal prison for a first-time offense.