Dear FAMMilies,
The guidelines that judges use to determine a range of sentences for federal drug offenses have been controversial for years. The U.S. Sentencing Commission has proposed some significant changes to these guidelines. Now is your chance to weigh in on proposed amendments and help make drug sentences fairer.
One set of proposals would alter the drug table that sets the base offense level for drug offenses. Another would change the disparity between methamphetamine purities. In addition, the Commission is seeking comment on equalizing crack and powder cocaine guideline sentences. More details about these proposals follow below:
Drug sentencing guidelines have been a FAMM priority since our founding. The current drug guideline calculation is driven by the quantity of drugs the defendant is held accountable for. But we know that quantity is not a reliable measure of culpability. This means that drug sentencing ranges are often greater than necessary to meet the goals of sentencing.
The Commission proposes to lower the maximum sentence by setting a “cut-off” for the high end of the drug table. Base offense levels would not exceed a certain level (either 34, 32, or 30) regardless of drug type or quantity. The Commission has also proposed a new definition of “low-level” trafficker that would provide people who meet the definition with a 2, 4, or 6 level reduction.
FAMM supports amending the drug table to a base offense level maximum of 30. In addition, we support a specific offense characteristic to reduce the sentencing range for low-level traffickers. We believe those who qualify should receive a 6-level reduction. These changes, if adopted, would mean that drug sentences would be driven less by quantity and would more meaningfully assess a defendant’s low-level role.
Methamphetamine offenses have some of the highest sentencing ranges for drug offenses. This is in part because meth, unlike other drugs, is punished based on the purity of the substance. But distinguishing meth based on purity is a vestige of the past – sentencing data show that nearly all meth today is highly pure. The Commission’s response to this reality would delete all references to “Ice,” get rid of the purity distinction, and propose a 2-level reduction for offenses involving non-smokable, non-crystalline meth. The Commission also proposed an option that would tether the drug weight for meth to either actual meth, which calls for a higher sentence, or a mixture containing a substance of meth, which results in a much lower penalty range.
FAMM applauds the Commission’s effort to address meth sentencing disparities and believes that meth offenses should be tethered to the punishment for substances containing a mixture of methamphetamine, rather than actual methamphetamine.
Equalizing the crack/powder ratio is a reform FAMM has fought for our entire history. Rather than proposing to amend the crack/powder guideline, the Commission seeks your views on whether it should equalize the ratio.
In addition to changes to these drug guidelines, the Commission has proposed changes to a fentanyl enhancement, and supervised release, among others. You can read all of their proposals here.
The deadline to comment is Monday, March 3. Please consider adding personal stories to the proposed language below.
