From the Sentencing Project (http://www.sentencingproject.org):
A new report issued this week by the U.S. Sentencing Commission confirmed why our federal drug mandatory minimum sentencing laws should be eliminated.
The results will not surprise many of you, but we wanted to share a few of the major findings with you. The Commission found:
- The use of lengthy mandatory minimum sentences is filling up federal prisons with low-level drug offenders. As of September 30, 2016, 49.1 percent of federal inmates were drug offenders.
- Drug mandatory minimums are being applied to low-level offenders, not just kingpins and major dealers. Nearly one-third of drug “couriers” and more than one-quarter of “mules” were convicted of offenses carrying mandatory minimum prison terms.
- More culpable offenders were more likely to catch a break from prosecutors. “Offenders who performed higher-level functions were generally more likely to receive relief for providing substantial assistance than offenders who performed low-level functions, reflecting the fact that low-level offenders often do not have valuable information to provide due to their more limited roles in the offense.”
- Mandatory minimums are not being reserved for repeat offenders. Nearly half of all offenders convicted of a drug crime carrying a mandatory minimum penalty had little to no prior criminal history.
The Commission’s new report is consistent with all of its earlier research and findings on federal mandatory minimums. At this point, frankly, we do not need any more research or evidence—we need action.
Be assured that we will make sure Congress is fully aware of the Commission’s report and urge them to pass bold federal sentencing reform.
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