Federal Sentencing and Drug Trafficking

September 14, 2012

Drug trafficking is commonly referred to as the sale and distribution of illegal drugs. It considered a serious hazard that affects every sector of our society, as well as a threat to national security. For many, the term conjures up memories of infamous drug lords featured in movies and television. While Tony Montana and Stringer Bell may be household names, the types of crimes that rise to federal jurisdiction are not.

Nevertheless, drug trafficking is punished harshly under federal law. For example, a person caught with 500 grams of cocaine (or 28 grams of cocaine base) faces a mandatory minimum sentence of five years in federal prison. The same applies with a person charged with transporting five grams or more of pure methamphetamine. The penalties for second drug trafficking offenses are even harsher. They are punishable with a mandatory minimum 10 year prison term. The reasoning behind these specific amounts is that drugs found in greater quantities are more likely to be sold than used solely by the individual holding them.

Drug trafficking sentences are based on guidelines set forth by the United States Sentencing Guidelines Commission. The Commission was created through the Sentencing Reform Act of 1984, and it was charged with making precise and uniform sentences that would be applicable across all federal districts. (Prior to this, sentences for federal crimes differed greatly between districts). Under the sentencing guidelines, federal judges would determine mandatory minimum sentences based on a system that considered a particular offense, an offender's criminal history, and other relevant factors (whether a gun was involved, whether people were injured or killed, etc.).

Mandatory minimums have seen many challenges because of how they disproportionately affected minorities and the poor. They have been blamed for nearly of generation of young African American men being put behind bars for relatively benign offenses. Mandatory minimums have also been challenged on constitutional grounds. A number of criminal defendants have seen them as Sixth Amendment violations because sentencing courts would consider prior convictions (in establishing sentences) without sufficient proof that they related to the current offense.

In U.S. v Booker, the U.S. Supreme Court ruled that federal judges were no longer bound by mandatory minimum sentencing guidelines. In essence, the guidelines would be "advisory" instead of mandatory.

Despite the change in sentencing guidelines, drug trafficking convictions still frequently occur. According to a 2010 Commission report, more than 75 percent of drug crime convictions carrying mandatory minimum sentences were for trafficking, as opposed to simple possession. With the penalties involved and the likelihood of a conviction, it is important for those charged with drug trafficking to have experienced legal counsel.

If you have been charged with, or are under investigation for drug trafficking, contact a Texas criminal defense attorney.

Article provided by Shook Gunter & Wirskye, Attorneys at Law
Visit us at www.sgw-law.com/