Crack cocaine sentencing changes, applies retroactively

More than 19,500 crack cocaine offenders in federal prison will be eligible for early release, about 2,500 the first year.

 

The effective date of the amendment is March 3, 2008. Holy cow, the motions for reduction of a sentence will be staggering on March 3, 2008. Every case is different. However, the new change could mean a reduction of about five years for a 20-year sentence and about two years for a 10-year term for prisoners sentenced before November 1, 2007.

 

The old sentencing guidelines for crack cocaine vs. powder cocaine were 100 to 1. Talk about unfair! The recent changes give some relief, but not enough.

 

Minimum mandatory sentences remain

Minimum mandatory sentences are not affected by this change. For example, a first time offender who sold over 50 grams of crack would still have a 10 year minimum mandatory sentence. Career or very violent offenders, as determined by criminal history and the nature of offenses committed, are not eligible.

 

In Kimbrough v. U.S., the Court held that federal sentencing guidelines for cocaine violations are advisory, not mandatory as a lower court had ruled. The 7-2 decision, in an opinion by Justice Ginsburg, says that judges must consider the guidelines, but may deviate downward if they conclude that the sentence would be too harsh in light of the disparity between punishment for crack cocaine and cocaine in powder form.

 

In Gall v. U.S., the Court held that courts of appeal must review all sentences, "whether inside, just outside, or significantly outside" the sentencing guidelines range, under a deferential abuse-of-discretion standard. Under the 7-2 decision, written by Justice Stevens, judges may now impose below-guidelines sentences.

 

Call me to see if you or a loved one are eligible for a crack cocaine sentence reduction.
Grey
Call: (561)686-6886

 

Drug Charges

Some common drug charges in Federal Court are drug trafficking, international drug importation, drug possession, possession with intent to distribute, sale of drugs, maintaining a grow house, and conspiracy with intent to distribute drugs. I help good people with drug charges like:

 

Cocaine, Crack Cocaine, Marijuana, aka "pot" or "weed", Methamphetamine, aka "Meth, Crystal meth" Heroin, Prescription drugs, oxycontin, ecstasy (principally MDMA), LSD, Mushrooms, and PCP. Many offenses may be classified as drug crimes. Drug Crimes range from simple possession of a small amount of certain drugs, to more serious charges like drug trafficking, or manufacturing, importation, and distribution of drugs.

 

Drug crimes may be brought against a person in either Federal or Florida State Court, depending upon which laws were violated and the policies and procedures which apply to each court system. Prosecutors and AUSA (Assistant United States Attorneys) may classify drug charges based upon available resources, the statutes which apply to the crimes charged, punishment in each system, as well as policy considerations.

 

The Drug Abuse Prevention and Control Act classifies drugs into five categories, listed in schedules, the Act also establishes regulations and penalties for the misuse of drugs listed on each schedule. Schedule I and II drugs, including heroin, LSD, mescaline, marijuana, peyote, opium, cocaine, methadone, amphetamines, and meth-amphetamines, are the most severely restricted and penalized drugs.

 

Defenses your federal criminal defense lawyer can use to get your drug case dropped

Other than the jury finding you not guilty after trial, the best defense you may have against drug charges is whether federal agents and/or police violated your constitutional rights. As a general rule, police or federal agents may not enter your house or hotel room without a search warrant. If the government violates your fourth amendment rights, your drug case may be suppressed, or thrown out of court. Early intervention in Federal criminal defense matters, specifically drug offenses, can be essential to getting your charges reduced or dropped.

 

Recent Win in a Federal Drug case

I filed a motion to suppress in a federal drug case involving two separate grow houses for marijuana in South Florida. My client was facing up to 160 years in prison. Federal agents and police entered into a house just after midnight without a search warrant. The issue was whether consent was freely and voluntarily given by a Spanish speaking couple who did not understand English. The client was initially charged by indictment with:

 

-Conspiracy to maintain a place to manufacture or distribute marijuana, facing 20 years, $500,000 fine and 3 years supervised release.

-Maintaining a place to manufacture or distribute marijuana, facing 20 years, $500,000 fine and 3 years supervised release

-Conspiracy to manufacture, distribute and dispense 100 or more marijuana plants, 5 year minimum mandatory prison sentence, 40 year maximum, $2,000,000 fine, 5 years supervised release

-Possession with intent to manufacture, distribute, and dispense 100 or more marijuana plants, 5 year minimum mandatory prison sentence, 40 year maximum, $2,000,000 fine, 5 years supervised release

 

After the motion to suppress was heard, I negotiated a plea deal for the Federal government to drop all counts (maximum of 160 years in prison & $5,000,000 in fines). In exchange, my client pled guilty to one count of misdemeanor possession of marijuana with no jail time.

 

Drug Treatment

Drug treatment is a better resolution for the client and the government. There are no guarantees as to the outcome of any case. However, I work with drug counselors to get you back on your feet.

 

Asset Forfeiture

Asset forfeiture is seizure of funds or property used to fund criminal activity, by the government. Typically assets are forfeited in cases of illegal drug trafficking. The Feds can potentially seize your house, car, boat, stock, bank accounts and just about anything else you can think of. Two types of forfeiture cases can be brought, criminal and civil. Two statutes apply to both civil and criminal asset forfeiture proceedings, 18 U.S.C. 982 and 21 U.S.C. 881.

 

Under federal law, no criminal charges or convictions are required in civil forfeiture proceedings. In civil forfeiture proceedings, the federal government brings suit against the property in question, with the property owners as third parties. In these proceedings the burden of proof is on the property owners to prove that their property was not used in criminal activity by a preponderance of the evidence (a level of proof that persuades a judge or jury that, given the evidence, the owner has proved more likely than not that their property was not used for criminal activity).

 

The National Assets Seizure and Forfeiture Fund was established by the Department of Justice established in 1985 and realized $27 million from drug-related forfeitures that year. Many states have since created their own civil forfeiture programs.