A Congressional Research Service (CRS) report from September describes various issues related to federal mandatory minimum sentencing laws. Among other things, the report lists all federal mandatory minimums, details various elements of crimes subject to such minimums, and describes related constitutional issues.
According to the report, federal mandatory minimums are most commonly imposed for various drug offenses, offenses involving firearms in connection with violent crimes, offenders subject to the Armed Career Criminal Act, sex crimes, and aggravated identity theft.
For example, many federal mandatory minimum drug laws involve possession with intent to distribute (trafficking) large amounts of heroin, cocaine, crack, PCP, LSD, propanamide, methamphetamine, or marijuana. The specific mandatory minimums vary and increase depending on a number of factors such as the amount of the drug involved, whether it is a repeat offense, and whether the crime involved death or serious injury.
The Department of Justice recently changed some of its charging polices involving drug offenses to avoid mandatory minimum sentences for certain low-level crimes, particularly nonviolent crimes by people not connected with a large operation, gang, or cartel. The changes apply to pending and future cases. Attorney General Holder announced the changes at the American Bar Association’s annual meeting and the Congressional Black Caucus Foundation Criminal Justice Issues Forum.
For more information, read the CRS report and the attorney general’s speeches announcing policy changes:
• http://www.fas.org/sgp/crs/misc/RL32040.pdf
• http://www.justice.gov/iso/opa/ag/speeches/2013/ag-speech-130812.html
• http://www.justice.gov/iso/opa/ag/speeches/2013/ag-speech-1309191.html
