Mandatory Minimum Sentences

Mandatory minimum sentences have been widely criticized, and much of that criticism has come from federal judges, as mandatory sentencing laws prevent judges from imposing lenient sentences on individuals who deserve them.  They prevent judges from taking into account any mitigating circumstances, such as the minor role a defendant played in a conspiracy.  They give prosecutors (rather than judges) control of which defendants receive harsh sentences because prosecutors decide who will be charged with offenses carrying a mandatory minimum sentence. To make matter worse, prosecutors have the power to ask the Court to sentence cooperating witnesses and confidential informants (or "snitches") to below the mandatory minimum and thus reward them for informing on, or testifying against, other individuals suspected of drug crimes. In a nutshell, judges cannot sentence a defendant below a mandatory minimum unless a prosecutor authorizes them to do so. Mandatory minimum sentences, therefore, shift sentencing authority from judges to
prosecutors. Examples of federal mandatory minimum sentences include:

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5-Year Mandatory Minimum
 

• Distributing at least 100 G but less than 1 KG of heroin

• Distributing at least 500 G but less than 5 KG of cocaine

• Distributing at least 28 G but less than 280 G of crack

• Distributing at least 50 G but less than 500 G of methamphetamine (or 5 G to 5 G of pure methamphetamine)

• Distributing at least 1 G but less than 10 G of LSD

• Distributing at least 100 KG but less than 1,000 KG of marijuana (or growing 100

                                                                        to 1,000 plants)

 

 10-Year Mandatory Minimum

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• Distributing 1 KG or more of heroin

• Distributing 5 KG or more of cocaine

• Distributing 280 G or more of crack

• Distributing 500 G or more of methamphetamine (or 50 G or more of pure methamphetamine)

• Distributing 10 G or more of LSD

• Distributing 1,000 KG or more or marijuana (or growing more than 1,000 plants)

• Committing any of the crimes listed above under “5 year mandatory minimum” after a prior state or federal conviction for a drug crime

20-Year Mandatory Minimum

 

• Committing any of the crimes listed above under “10 year mandatory minimum”after a prior state or federal conviction for a drug crime

• Committing any distribution offense if serious injury or death results (but if the defendant has a prior state or federal conviction for a drug crime, the mandatory sentence is life)