Mandatory Minimum Sentencing Legislation in the 113th Congress Page: 5 of 24
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Mandatory Minimum Sentencing Legislation in the 113th Congress
to avoid violating the requirements of 3553(a).6 When exercising the authority, the court would
have had to provide the government and the defendant a chance to be heard and to provide a
written statement of the 3553(a) factors that justify the decision to sentence below the
mandatory minimum.'
Drug Offenses
The Controlled Substances Act and the Controlled Substances Import and Export Act establish a
series of mandatory minimum sentences for violation of their prohibitions. Trafficking-that is,
importing, exporting, or possessing with the intent to distribute-a very substantial amount of
various highly addictive substances such as more than a kilogram of heroin is punishable by
imprisonment for not less than 10 years or more than life.' A subsequent conviction carries a
sentence of imprisonment for not less than 20 years or more than life.9 When substantial but
lesser amounts are involved, such as 100 grams of heroin, sentences of imprisonment for not less
than five years or more than life are called for, and imprisonment for not less than 10 years or
more than life in the case of a subsequent conviction. 10
S. 1410 (Senator Durbin)/H.R. 3382 (Representative Labrador) would have reduced those
mandatory minimum sentences by half" The 20-year mandatory minimums would have become
10-year mandatory minimums; the 10-year mandatory minimums would have become five-year
6 H.R. 1695, 2, proposed 18 U.S.C. 3553(g)(1); S. 619, 2, proposed 18 U.S.C. 3553(g)(1).
SH.R. 1695, 2, proposed 18 U.S.C. 3553(g)(2), (3); S. 619, 2, proposed 18 U.S.C. 3553(g)(2), (3).
8 21 U.S.C. 841(b)(1)(A); 21 U.S.C. 960(b)(1). The threshold amounts covered by the sections in addition to a kilogram
of heroin are: (ii) 5 kilograms or more of a mixture or substance containing a detectable amount of- (I) coca leaves,
except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts
have been removed; (II) cocaine, its salts, optical and geometric isomers, and salts of isomers; (III) ecgonine, its
derivatives, their salts, isomers, and salts of isomers; or (IV) any compound, mixture, or preparation which contains any
quantity of any of the substances referred to in subclauses (I) through (III); (iii) 280 grams or more of a mixture or
substance described in clause (ii) which contains cocaine base; (iv) 100 grams or more of phencyclidine (PCP) or 1
kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); (v) 10 grams or
more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); (vi) 400 grams or
more of a mixture or substance containing a detectable amount of N-phenyl-N- [1- (2-phenylethyl) -4-piperidinyl]
propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-
phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide; (vii) 1,000 kilograms or more of a mixture or substance
containing a detectable amount of marihuana, or 1,000 or more marihuana plants regardless of weight; or (viii) 50
grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 500 grams or more of a mixture or
substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers." 21 U.S.C.
841(b)(1)(ii)-(vii).
9 21 U.S.C. 841(b)(1)(A); 21 U.S.C. 960(b)(1)("... If any person commits such a violation after a prior conviction for a
felony drug offense has become final, such person shall be sentenced to a term of imprisonment which of not less than
20 years and not more than life imprisonment.... ").
10 21 U.S.C. 841(b)(1)(B); 21 U.S.C. 960(b)(2). Beyond 100 grams of heroin, the threshold amounts for this lower
sentencing plateau are: (ii) 500 grams or more of a mixture or substance containing a detectable amount of ... cocaine ...
(iii) 28 grams or more of a mixture or substance described in clause (ii) which contains cocaine base; (iv) 10 grams or
more of phencyclidine (PCP) ... (v) 1 gram or more of a mixture or substance containing a detectable amount of
lysergic acid diethylamide (LSD); (vi) 40 grams or more of a mixture or substance containing a detectable amount of ...
propanamide ... (vii) 100 kilograms or more of a mixture or substance containing a detectable amount of marihuana ...
or (viii) 5 grams or more of methamphetamine.... " 21 U.S.C. 841(b)(1)(B)(ii)-(vii).
" S. 1410, 4, proposed 21 U.S.C 841(b)(1) and proposed 21 U.S.C. 960(b). S. 1410 (Durbin)/H.R. 3382 (Labrador)
refers to the bill as introduced; S. 1410 (Judiciary), which here would have carried forward the same amendments,
refers to the bill as voted out of the Judiciary Committee.Congressional Research Service
2
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Mandatory Minimum Sentencing Legislation in the 113th Congress, report, January 22, 2015; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc817126/m1/5/: accessed July 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.