Transaction Search Form: please type in any of the fields below.
Date: April 30, 2024 Tue
Time: 2:04 am
Time: 2:04 am
Results for mandatory minimum penalties
2 results foundAuthor: United States Sentencing Commission Title: An Overview of Mandatory Minimum Penalties in the Federal Criminal Justice System Summary: This publication assesses the impact of mandatory minimum penalties on federal sentencing. It continues the Commission's work in this area by highlighting recent developments regarding the charging of offenses carrying a mandatory minimum penalty, and providing updated sentencing data regarding the use and impact of mandatory minimum penalties. This publication builds on the Commission's previous reports and publications-particularly, its 2011 Report to the Congress: Mandatory Minimum Penalties in the Federal Criminal Justice System-and is intended to contribute to the continued examination of federal mandatory minimum penalties. It is the first in a series, with future publications focusing on mandatory minimum penalties for specific offense types. Details: Washington, DC: The Commission, 2017. 89p. Source: Internet Resource: Accessed January 31, 2018 at: https://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-publications/2017/20170711_Mand-Min.pdf Year: 2017 Country: United States URL: https://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-publications/2017/20170711_Mand-Min.pdf Shelf Number: 148949 Keywords: Federal Criminal Justice SystemFederal Sentencing GuidelinesMandatory Minimum PenaltiesSentencing |
Author: United States Sentencing Commission Title: Application and Impact of 21 U.S.D. S 851: Enhances Penalties for Federal Drug Trafficking Offenders Summary: In October 2017, the Commission published Mandatory Minimum Penalties for Drug Offenses in the Federal Criminal Justice System (2017 Drug Publication), which is the second in a series of publications on mandatory minimum penalties in the federal criminal system. This publication, the fourth in the Commission's series, further analyzes drug penalties by focusing on the application of the recidivist enhancements for drug offenses commonly referred to as "851 enhancements." As discussed in the 2017 Drug Publication, mandatory minimum and statutory maximum penalties in drug trafficking offenses apply based on the quantity of drugs involved in the offense, the defendant's prior felony drug trafficking offenses, if any, or both. As an initial matter, a drug offender may be subject to a mandatory minimum penalty if the offense involved a threshold quantity of a controlled substance. These mandatory minimum penalties for drug offenses may be enhanced further if a drug offender has a prior conviction for a "felony drug offense." To trigger these enhanced penalties, prosecutors must follow the procedural requirements set forth in 21 U.S.C. § 851. Primarily, a prosecutor must file an information providing notice of which prior convictions support the enhanced penalties. In its 2011 Report to the Congress: Mandatory Minimum Penalties in the Federal Criminal Justice System (2011 Mandatory Minimum Report), the Commission recommended that Congress reassess the severity and scope of the 851 enhancements. That report concluded that 851 enhancements were both more severe than the more graduated increases provided for in the guidelines and inconsistently applied across judicial districts. During visits to judicial districts across the country, prosecutors also reported wide variations in the practices surrounding the filing of an 851 information seeking enhanced mandatory minimum penalties. Using fiscal year 2016 data, this publication provides comparisons between all offenders who appeared eligible for an 851 enhancement, offenders for whom an information was filed, offenders for whom an information was filed and later withdrawn, and offenders who remained subject to the enhancement at sentencing. Details: Washington, DC: USSC, 2018. 59p. Source: Internet Resource: Accessed April 4, 2019 at: https://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-publications/2018/20180712_851-Mand-Min.pdf Year: 2018 Country: United States URL: https://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-publications/2018/20180712_851-Mand-Min.pdf Shelf Number: 155332 Keywords: Drug Offenders Drug Traffickers Mandatory Minimum PenaltiesSentencing Guidelines (U.S.) Sentencing Policy |