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Mandatory Minimum Sentencing Legislation in the 113th Congress

Defendants convicted of violating any certain federal criminal laws face the prospect of mandatory minimum terms of imprisonment. Bills offered during the 113th Congress would supplement, enhance, or eliminate some of these. In the most all-encompassing, H.R. 1695 (Representative Scott (Va.)) and S. 619 (Senator Paul) would permit federal courts to impose a sentence below an otherwise applicable mandatory minimum when necessary to avoid violating certain statutory directives. Federal drug statutes feature a series of mandatory minimums. S. 1410 (Senator Durbin) would reduce several of the most severe of these. H.R. 3088 (Representative Waters) would eliminate virtually all of them. The Durbin bill would also enlarge the safety valve exception. The safety valve provision allows a federal court to sentence qualified defendants below the statutory mandatory minimum in drug cases, if the defendant has a virtually spotless criminal record, that is, not more than one criminal history point. S. 1410 would expand safety valve eligibility to defendants with a slightly more extensive criminal record. Elsewhere, H.R. 2372 (Representative Scott (Va.)) would drop the sentencing distinction between powder and crack cocaine by striking the cocaine base specific references.

Posted in: Grey Literature on 12/27/2013 | Link to this post on IFP |
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