FEDERAL MINIMUM MANDATORIES AND STATUTORY ENHANCEMENTS

Inexperienced attorneys frequently do not understand how certain minimum mandatories and statutory enhancements can effect the sentence received by a person facing Federal charges.  In the Federal system, the Advisory Guideline Sentencing Range can be calculated whether applicable minimum mandatories.  In those instances, knowledge of the minimum mandatories can be key to plea bargaining.  If the defendant wants to go to trial, the minimum mandatories have to be proven beyond a reasonable doubt.  Advising the client as to applicable minimum mandatories is essential to any successful defense against Federal charges.

Minimum mandatory sentences are applied in Federal narcotics cases.  Every illegal drug has a threshold amount that will not only impose a minimum mandatory, but increase the maximum sentence that can be imposed.  For instance, the Federal offense of possession with intent to distribute less than 500 grams of cocaine powder or 28 grams of crack cocaine carries up to 20 years in prison.  If, however, the offense involves more than 500 grams, but less than five kilograms of cocaine powder or more than 28 grams, but less than 280 grams of crack cocaine, the Federal judge must impose a five (5) year minimum mandatory sentence, and the maximum term of imprisonment increases to forty (40) years in prison.  If the offense involves more than five (5) kilograms of cocaine powder or 280 grams of crack cocaine, the minimum mandatory increases to ten (10 years, and the maximum penalty increases to life imprisonment.  What follows are the threshold amounts for different illegal drugs showing the threshold amounts that will increase the maximum penalty and result in the imposition of a minimum mandatory.

MARIJUANA

Less than 50 kilograms = 0 to 5 years ($250,000.00 fine)

Less than 5 plants = 0 to 5 years ($250,000.00 fine)

50-100 kilograms = 0 to 20 years ($1,000,000.00 fine)

100-1,000 kilograms = 5 to 40 years ($5,000,000.00 fine)

100-1,000 marijuana plants= 5 to 40 years ($5,000.000.00 fine)

Greater than 1,000 grams = 10 to life imprisonment ($10,000.000.00 fine)

Greater than 1,000 plants = 10 to life imprisonment ($10,000,000.00 fine))

METHAMPHETAMINE

Less than 5 grams (pure) = 0 to 20 years ($1,000.000.00 fine)

5-50 grams (pure) = 5 to 40 years ($5,000,000.00 fine)

Greater than 50 grams (pure) = 10 to life  ($10,000,000.00 fine)

Less than 5 grams (mixture) = 0 to 20 years

5-50 grams (mixture) = 5 to 40 years

Greater than 50 grams (mixture) = 10 to life imprisonment

HEROIN

Less than 100 grams = 0 to 20 years

100-1 kilogram = 5 to 40 years

Greater than 1 gram  = 10 to life imprisonment

In addition, Title 21, United States Code, Section 851, increases the penalty for possession with intent to distribute narcotics for a second, and sometimes third offenders.  For example, a defendant who is being sentenced for possession with intent to distribute cocaine powder of less than 500 grams or less than 28 grams of crack cocaine who has previously been convicted of any narcotics felony in any jurisdiction in the United States will face a maximum penalty of thirty (30 years rather than twenty (20) years.  If that defendant, had been previously convicted of a narcotics felony, was convicted of possessing with intent to distribute between 500 grams to 500 kilograms of cocaine powder, or 28 to 280 grams of crack cocaine would be facing a minimum mandatory of ten (10) years, and a maximum penalty of life imprisonment rather than five (5) to forty (40) years.  If the defendant is facing sentencing for an excess of five (5) kilograms of cocaine powder or 280 grams of crack cocaine, and he has previously been convicted of any narcotics felony, the minimum mandatory would increase to twenty (20) years, with a maximum penalty of life imprisonment.  However, if that defendant had two prior convictions for narcotic felonies, then he would be facing a mandatory life imprisonment.  What follows is a chart of Federal narcotics minimum mandatories and enhancements.

[Link – chart of drug min mans]

Title 18, United States Code, Section 924, makes it unlawful to use, brandish or possess a firearm in relation to a crime of violence or narcotics offense.  The sentence imposed for a violation of Section 924 range from five (5) to twenty-five (25) years which must be served consecutive to any other sentence imposed for the crime of violence or narcotics offense charged along with it.  A chart of the Section 924 mandatory minimum sentences follows.

[Link – firearm minimum]

Penalties for aggravated identity theft, 18 U.S.C., Section 1028A, provides for a mandatory sentence of two (2) years imprisonment, such sentence must be imposed in addition to any other sentence imposed for the underlying offense that caused or allowed the identity theft.  For instance, a person who steals someone’s identity, and then uses it to access a credit card account to commit theft would, if convicted of the theft and aggravated identity theft be sentenced to two (2) years in addition to any sentence imposed for the theft.