The new guidelines, which will come into effect on 1 April 2021, update the guidelines published in 2012 and apply to adult offenders. The consultation on the original guidelines for drug offences was open from 28 March 2011 to 20 June 2011. This is corroborated by the decreasing steepness of the slopes as the drug weight increases. He is also charged with knowingly and intentionally using, carrying, brandishing, and discharging a firearm, including a destructive device, during and in relation to a drug trafficking crime. Court documents also allege that at the time of his arrest, Gastelum Avila was a lead sicario, or assassin, for the Sinaloa Cartel and worked closely with Guzman Loera. Cocaine and Heroin Starting Sentence Points for Category 14 Drug Weights for each Offender Role Category (England and Wales). 90-95(h). Postdoctoral Fellow, Faculty Of Law, The Chinese University Of Hong Kong. In July 2019, he was sentenced to life in prison for being a principal leader of a continuing criminal enterprise, narcotics trafficking, using a firearm in furtherance of his drug crimes, and participating in a money laundering conspiracy. 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Existing literature tend to focus on the issue of proportionality as it relates to the roles and culpability of offenders. From this figure, it is clear that Hong Kong has a much steeper, and thus harsher, sentencing range for cocaine and heroin. Sentencing Guidelines and other statutory factors. Five grams is the first drug weight category of the table, which provides the category's minimum and maximum drug weight (>0 grams to 10 grams). drug sentencing colorado crime criminal law chart crimes laws penalties punishment defense statute state attorneys dui compare bill near lawyer The case studies of these drug mules by Harper et al and Fleetwood suggest the need to consider the level of involvement in the actual conspiracy of drug trafficking. A lock ( sentencing minimum alcohol drug punch laws barry serve justice points package key sentences nsw farrell proposals mandatory australia guardian !X)eMP7<6qX:=tu-Wwe:Ymn>/7jvo8Sty#+b`._W%Y[v[obYh;K#ZoQyAH7 {v8y2yv3t)`.`WKUk(dp'sIXi'? Trial Attorney Kirk Handrich of the Criminal Divisions Narcotic and Dangerous Drug Section is prosecuting the case. The papers in this section critically examine the history and basis of the most frequently encountered provisions of the U.S. "Reader-Friendly" Version of the Proposed Amendments to the Sentencing Guidelines, Federal Register Notice of Proposed 2001 Amendments to the Sentencing Guidelines and Request for Public Comment; Notice of Public Hearing, Federal Register Notice of Emergency 2000 Methamphetamine Amendment, "Reader-Friendly" Version of the 2000 Guideline Amendments Sent to Congress, Federal Register Notice and Request for Public Comment, 1997 Report to the Congress: Cocaine and Federal Sentencing Policy, Survey: Public Perceptions and the Federal Sentencing Guidelines, Promulgation of Emergency Amendment; Notice of Proposed Amendments - Part II, 1995 Report to the Congress: Cocaine and Federal Sentencing Policy, Policy Profile: The Fair Sentencing Act of 2010, The Commission promulgates guidelines that judges consult when sentencing federal offenders. The Criminal Divisions Office of Enforcement Operations also provided significant assistance. 90-95(h)) Drug trafficking is not sentenced using the regular Structured Sentencing grid. The Attorney General, or the Attorney Generals designee, and the Chair of the U.S. Parole Commission serve as. Category 1, for example, includes heroin, cocaine of 5 kilograms, ecstasy of 7,000 tablets, cannabis of 200 kilograms and ketamine of 5 kilograms. The determination of the category of harm is more straightforward as it is based on the type and quantity of drugs. A federal district court judge will determine any sentence after considering the U.S. The Commission serves as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public. The harshness of the cardinal proportion represents the condemnation of society. Feature Flags: { The starting point in England and Wales is greater than Hong Kong's starting point only at 5 grams for defendants of a leading role. trafficking miami federal attorney 20 Felicity Gerry et al, Is the law an ass when it comes to mules? } The exponential curve, the graph in Figure 1c, highlights a more severe sentence for heavier drug weights. The Government Technology & Services Coalition's Homeland Security Today (HSToday) is the premier news and information resource for the homeland security community, dedicated to elevating the discussions and insights that can support a safe and secure nation. In July 2019, he was sentenced to life in prison for being a principal leader of a continuing criminal enterprise, narcotics trafficking, using a firearm in furtherance of his drug crimes, and participating in a money laundering conspiracy. Therefore, the starting point of a sentence, which is based on the seriousness of an offence, is a formulaic result of drug weight, drug type, and offender culpability. Commissioners are nominated by the President and confirmed by the Senate. Figure 2. Figure 4. According to him, In reality, in most cases, it is very difficult to know how closely a defendant is linked with the original source of the drugs, what his awareness and understanding of the scale of the operation might beor how limited his function really is; questions which become even more difficult to answer with a foreign defendant who has travelled across the world on an elaborate itinerary from one country or continent to another before entering Hong Kong with cocaine secreted within his body worth hundreds of thousands, if not millions, of dollars. Page Last Reviewed or Updated: 03-Apr-2023, Request for Taxpayer Identification Number (TIN) and Certification, Employers engaged in a trade or business who pay compensation, Electronic Federal Tax Payment System (EFTPS), Treasury Inspector General for Tax Administration, Twenty-two individuals charged with drug trafficking in the municipalities of Sabana Grande, San Germn, Lajas, and Cabo Rojo, Puerto Rico. 51 Sentencing Council, Drug Offenses, Response to Consultation, (Sentencing Council, 2012) accessed 8 Jan 2022. The following offences are included in the revised guidelines: Between 15 January 2020 and 7 May 2020 the Council consulted on revisions to the drug offences guidelines and new draft guidelines covering offences provided for by the Psychoactive Substances Act 2016. All the slopes follow the proportionality assumption that the heavier the weight category, the lower the slope. However, the slopes in England and Wales for ketamine and cocaine or heroin are comparable. The HSI Nogales Office and the FBI Washington Field Office are investigating this case. These guidelines were superseded in April 2021. Assistant U.S. Attorney Corinne Cordero-Romo from the Gang Section is in charge of the prosecution of the case. Evidence on lower culpability would be considered under judicial discretion to arrive at a fairer and proportional sentence for drug mules who carry substantial amounts of drugs.Footnote 88. The ordinances related to drug trafficking have been updated numerous times, but the Dangerous Drugs Ordinance remains the primary legislation for all drug-related offences, with section 4 specifically providing for drug trafficking. WebThe law was called Structured Sentencing and applies to all felony and misdemeanor crimes (except Driving While Impaired and Drug Trafficking) committed on or after October 1, Assistant U.S. Attorney Cameron L. Desmond is prosecuting the case. Unlike cocaine and heroin, the slopes for the leading roles are pronouncedly steeper than the slopes for significant and lesser roles. Assistant U.S. Attorney Federal Register Notice of Amendments to the Sentencing Guidelines for United States Courts. Sentencing Guidelines. Although deterrence is at the forefront of heavy sentences for serious drug trafficking offences, the Hong Kong Court of Appeal also observed that sentencing tariffs would assist trial courts in achieving consistency and fairness in sentencing and guide lawyers in the giving of advice to lay clients.Footnote 81 It is apparent that in both jurisdictions, the prospect of equal justice is promoted through sentencing guidelines. 67 Official English translation quoted in HKSAR v Abdallah Anwar Abbas (n 1) paras 19. 42 R v Aranguren [1995] 16 Cr App R (S) 211, 212. The sentencing judge must find that the defendant provided substantial assistance on the record and is not required to provide sentencing relief. Thus, in Hong Kong, 1000 grams, or one kilogram, of heroin or ketamine would result in an additional 132-month sentence, which is equivalent to 11 years. Through this methodical structure, culpability and harm are weighed equally in determining a sentence. Although the slopes themselves are similar across offenders role categories, the minimum thresholds clearly distinguish the sentencing ranges. drug trafficking impose both minimum and maximum penalties for those convicted of a drug trafficking crime. The drug trafficking guidelines for each jurisdiction were individually sourced. Gastelum Avila faces a maximum penalty of life in prison for the drug conspiracy charge and a mandatory consecutive sentence of 30 years for the firearms offense. 78 Nagin, Dan, Cullen, Frank & Lero-Jonson, Cheryl, Imprisonment and reoffending, in Tonry, Michael (ed), Crime and Justice: A Review of Research (vol 38, Oxford University Press 2009)Google Scholar. We received 43 responses. trafficking medicines penalty tsa fda 53 Kirby, Amy & Jacobson, Jessica Public attitudes to the sentencing of drug offences (2013) 14 Criminology and Criminal Justice 334Google Scholar. The difference between these two starting points is 124 months and the stark discrepancy between the two jurisdictions is widened for defendants charged with either a significant or lesser role. 13 Kant, Immanuel, The Metaphysics of Morals (Gregor, Mary tr, Cambridge University Press 1997)Google Scholar. U.S. Attorney Jaime Esparza for the Western District of Texas and Special Agent in Charge Daniel Comeaux for the Drug Enforcement Administrations Houston Field Office made the announcement. Sentencing Guidelines and other statutory factors. However, the harm they are likely to cause to another person is presumed. The United States Sentencing Commission unanimously voted to reduce sentencing guidelines for federal drug trafficking offenders in 2014. Assistant Attorney General Kenneth A. Unlike England and Wales, where heavier weight categories correspond to lower slopes, Hong Kong increases in slope for the weight range category of 400 to 600 grams. Notably, the curve in Figure 6 is more discontinuous than those in previous figures. The United States requested his provisional arrest in February 2020 and Mexican authorities arrested Gastelum Avila based on that request in March 2020. (October 2017) Using fiscal year 2016 data, this publication includes analysis similar to that in the 2017 Overview (September 2017) This report analyzes sentence commutations granted under the 2014 Clemency Initiative. trafficking drug penalties heroin Sentence Starting Point for Cocaine and Heroin in Months (Hong Kong). Furthermore, the large gaps between Hong Kong and England and Wales in Figures 4 and 7 signify that an offender with a leading role in England and Wales can be given a significantly more lenient sentence than an offender with a minor role in Hong Kong. An official website of the United States government. In both jurisdictions, as shown in Figures 2 and 3, the earlier categories have a steeper slope than the succeeding categories. With evidence that a majority of drug offenders imprisoned are nonviolent, exploited mules, and/or addicts, the harshness of sentencing appears to trap these offenders into a life of crime.Footnote 37 Therefore, the legal system needs to consider the appropriateness of the anchoring points (or cardinal proportionality) selected for a sentencing scale. Plugging the variables into the above equation computes to 42 months. 10 UK Sentencing Council, Assessing the impact and implementation of the Sentencing Council's drug offences definitive guideline (1 Jun 2018) accessed 13 Jan 2022. In this section, you will find resources to assist you in understanding and applying the federal sentencing guidelines. The results show that both jurisdictions have adopted sentencing guidelines that exhibit a logarithmic curve. Our criteria for developing or revising guidelines. To illustrate the basis of the sentencing practice, the arithmetic starting points (which will be discussed in detail later) were calculated for the entire weight range provided in the sentencing guidelines in England and Wales and Hong Kong. Offenders found trafficking in a Schedule I controlled substance (e.g. Notably, there is an inconsistency in Hong Kong's cocaine and heroin guidelines. '5gQ*+\*tD!13O;avx!!`d8-@jR oQ;wE w,:|C6Xq+ e 1^H]'AiO@ejxPaPe]5[@8lb_ZJ,'5_Xe"hwe-Q-huCWiJ8a&@lk6LU"xlT tB!+@*!V5=J/7~:qe[+7x}Um;=. WebDrug Trafficking Sentencing; Prayer for Judgment Continued; Limitations on More Severe Sentence; Sex Offenders. Secure .gov websites use HTTPS The range of punishment for each offense is as follows: Felonies: Misdemeanors: Infractions: fines up to $400.00 Some offenses are not denominated by a letter classification. sentencing Figure 7 presents the linear functions of both jurisdictions plotted on the same scale with a maximum weight of 1000 grams. Gastelum Avila is charged with conspiracy to manufacture and distribute five kilograms or more of cocaine and over 1,000 kilograms of marijuana intending and knowing that those substances would be imported into the United States. WebDrug Trafficking Sentencing. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. Since Hong Kong's guidelines are not differentiated by offender roles, only one curve exists. However, upon closer scrutiny, smaller weights are associated with sentences that increase at a higher rate than higher weight ranges. Forfeiture or suspension of liquor licence, 24. Category 3 consists of heroin, cocaine of 150 grams, ecstasy of 200 tablets, cannabis of 6 kilograms and ketamine of 150 grams. Figure 3 is a plot of the linear function for Hong Kong's sentence starting point for cocaine and heroin. 14 Hirsch, Andreas von, Proportionality in the Philosophy of Punishment (1992) 16 Crime and Justice 55Google Scholar. trafficking sentencing The arithmetic starting point was the exact sentence length that should be given to a defendant based on their jurisdiction's sentencing guidelines. A federal district court judge will determine any sentence after considering the U.S. It is important to note that the sentence can be enhanced by aggravating factors such as if the trafficker is a mastermind or senior player, such as a financier, in a syndicate.Footnote 84 Without a systematic integration of culpability into the guidelines, the assessment of the offender's role is left to the judge's discretion. In Hong Kong, the slope for cocaine and heroin's category weight of 200 to 400 grams is smaller than that of 400600 grams. Share sensitive information only on official, secure websites. 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