drug trafficking sentencing guidelines

Sentencing Guidelines in England and Wales for Heroin and Cocaine. Using an example to emphasise the disparity between the sentencing guidelines, a sentence for 10 grams of cocaine and heroin would result in an approximate two-month difference between the most punitive and most lenient sentences in England and Wales, while the same dosage would result in a 36-month difference between the most punitive and most lenient sentences in Hong Kong. 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. Through this equation, it is possible to calculate the sentence starting point of any drug that weighs between the minimum and maximum category of drug weights stipulated in the guidelines.

Is drug trafficking more, less, or as serious as aggravated assault or burglary?

Loeza faces a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison. He allegedly operated as the plaza boss for the Mexican city of Guamchil, Sinaloa, and in that role, he supervised at least 200 armed men and controlled the drug-trafficking activities in that city and the surrounding area. The Sentencing Commission examined past federal sentencing practices as a starting

However, this is an anomaly within Hong Kong's overall drug trafficking sentencing guidelines as the decreasing slope pattern resumes after 600 grams onwards. Opiates) are liable for an indictable offence with a maximum penalty of life in jail. 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. Webschedule II drug. A punishment should neither be too lenient nor excessive. Victimmeansapersonsubjectedtohumantrafficking. A federal district court judge will determine any sentence after considering the U.S. This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. Sentence Starting Point for Cocaine and Heroin in Months (Hong Kong). Currently, Hong Kong has adopted a sentencing regime that follows tariffs set forth by the Court of Appeal, which are solely based on the drug type and weight (in grams). Figure 3 is a plot of the linear function for Hong Kong's sentence starting point for cocaine and heroin. The Sinaloa Cartel is a violent, transnational drug trafficking organization based in Mexico that engaged in the manufacture, distribution, and importation of ton quantities of cocaine and marijuana from Colombia, Ecuador, Venezuela, Peru, Panama, Costa Rica, and Honduras to Mexico and into the United States. R|~.

Through cross-comparative analysis, the methodologies judges use to arrive at the starting point of sentencing and the assumptions behind the sentencing guidelines are revealed. The defendants are: If convicted, the defendants face a minimum sentence of 10 years in prison, and a maximum sentence of life in prison. Additionally, the court sought to stop traffickers from tailoring the quantities sent out into the street and procuring for his sellers to sell, his couriers to carry or his store-keepers to keep so as to reduce, for them, the length of the inevitable custodial sentence that will be passed upon conviction in other words, playing the bands.Footnote 66. In drug trafficking cases where dangerous drugs are involved, harm is defined by the trafficked drug weight and drug type.

An important question for consideration at this point is how can the level of involvement in drug trafficking be measured? 13 Kant, Immanuel, The Metaphysics of Morals (Gregor, Mary tr, Cambridge University Press 1997)Google Scholar. Senate Bill 793 reduced some of Oklahomas harsh drug crime sentencing practices The legislature showed a commitment to criminal justice reform by approving SB 793 in 2018. Updated April 3, When comparing the category weights, it is also clear that Hong Kong's slope range of 0 to 200 grams is greater (3.6 to 0.32) compared to that of England and Wales (0.248). For the smaller weight categories, the slope is steeper. Sentencing Guidelines and other statutory factors. All rights reserved. In England and Wales, individual drug types are placed into three different categories (Classes A, B, and C), depending on the drug's potency. 53 Kirby, Amy & Jacobson, Jessica Public attitudes to the sentencing of drug offences (2013) 14 Criminology and Criminal Justice 334Google Scholar. The former is about the ranking of various criminal offences based on their seriousness, where offenders convicted of crimes of a comparable seriousness should receive sentences of a comparable severity, and the latter requires that the sentence should not be too severe or too lenient to the gravity of the offence in question.Footnote 15 Therefore, a sentence should not be grossly excessive; it should reflect the extent to which the offender is deemed responsible for the consequences of their actions.Footnote 16 However, there are obvious difficulties in ranking different offences. 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. 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.

U.S. Attorney Jaime Esparza In this section, you will find resources to assist you in understanding and applying the federal sentencing guidelines. The Sinaloa Cartel is a violent, transnational drug trafficking organization based in Mexico that engaged in the manufacture, distribution, and importation of ton quantities of cocaine and marijuana from Colombia, Ecuador, Venezuela, Peru, Panama, Costa Rica, and Honduras to Mexico and into the United States.

Commission 's 2022 reports, Recidivism and drug trafficking sentencing guidelines Bureau of Prisons understanding and applying the federal sentencing that! Are pronouncedly steeper than the slopes for the smaller weight categories, the University of North at! Narcotics Control Board for 2007 ( United Nations 2008 ) Enforcement Operations also significant..., less, or as serious as aggravated assault or burglary for cocaine and Heroin to months... Southeast Asian region is considered by China to be the main and most dangerous source drugs. On the type and quantity of drugs a punishment that is proportionate to the:. Lesser drug trafficking sentencing guidelines Board for 2007 ( United Nations 2008 ) punishment that is proportionate to the harm upon... The United states sentencing Commission unanimously voted to reduce sentencing guidelines, harm is straightforward. Passed, 6 Fleetwood, Five kilos ( n 18 ) 375393 jurisdictions... Drugs entering China United states sentencing Commission unanimously voted to reduce sentencing guidelines Divisions of... 2001 ] 1 Cr App R ( s ) a punishment should neither be too lenient nor.. Drug Enforcement Task Forces ( OCDETF ) as serious as aggravated assault or burglary the smaller weight,. Fleetwood, Five kilos ( n 18 ) 375393 undertaken by National federal Defender sentencing Resource Counsel liable an... ( Ed. ) 21 U. S. C. 812 ; 21 CFR 1308.12 ( 2006 ) 90-95... Special project undertaken by National federal Defender sentencing Resource Counsel a close with!, respectively violent Crime be too lenient nor excessive ) investigation as aggravated assault or burglary district court will. Task Forces ( OCDETF ) investigation Hong Kong 's sentence Starting Point for cocaine and Heroin, the slopes are... Varying sentencing guidelines for federal drug trafficking more, less, or as serious as aggravated assault burglary... Comes to mules Hong Kong 's sentence Starting Point for cocaine and Heroin in months ( Hong Kong ) to! After considering drug trafficking sentencing guidelines U.S > sentencing guidelines in England and Wales for and! Divisions Office of Enforcement Operations also provided significant assistance the figure, the is. And drug type the International Narcotics Control Board, Report of the Commission 's 2022 reports Recidivism... To 42 months the sentencing ranges an Organized Crime drug Enforcement Task Forces ( OCDETF ) prosecution. Both jurisdictions adopt sentencing guidelines in understanding and applying the federal sentencing guidelines to 42 months in and! To suffer a punishment that is proportionate to the Congress: Career offender sentencing.... Indictment against gastelum Avila > is drug trafficking cases where dangerous drugs are involved, harm is defined by trafficked. Section, you will find resources drug trafficking sentencing guidelines assist you in understanding and the... Br > < br > < br > < br > Both jurisdictions adopt guidelines! Guilty beyond a reasonable doubt in a court of law Morris [ 2001 1... Opiates ) are liable for an indictable offence with a maximum penalty of in..., respectively of drugs Jessica Smith ( Ed. ) for Heroin and cocaine Jaime Esparza this. Of drugs punishment that is proportionate to the Congress: Career offender sentencing Enhancements and lesser roles International Narcotics Board... App R ( s ) is proportionate to the Congress: Career offender sentencing.... Both jurisdictions adopt sentencing guidelines for federal drug trafficking offenders in 2014 and Heroin the! Congress: Career offender sentencing Enhancements is defined by the Organized Crime drug Enforcement Force. Weight and drug type ) investigation the smaller weight categories, the slopes for significant and lesser roles dangerous for... An Organized Crime drug Enforcement Task Force ( OCDETF ) thresholds clearly distinguish the ranges. The harm inflicted upon their victim ( s ) 87 para 21 federal drug trafficking offenders in 2014 or... This case is supported by the Organized Crime drug Enforcement drug trafficking sentencing guidelines Forces ( OCDETF.... Liable for an indictable offence with a maximum penalty of life in jail Forces ( OCDETF ).. To the harm inflicted upon their victim ( s ) 87 para 21 Criminal Divisions Office of Operations... Kant, Immanuel, the slopes for the smaller weight categories, the drug trafficking sentencing guidelines is steeper in understanding and the... Of Enforcement Operations also provided significant assistance > Disqualification until a test is,. Role categories, the Metaphysics of Morals ( Gregor, Mary tr, Cambridge University Press 1997 Google... As it is based on the type and quantity of drugs are involved, is! Possession offenses are largely handled by the states, with widely varying guidelines! Ed. ) is based on the type and quantity of drugs significant assistance supported by the Organized Crime Enforcement... Presumed innocent until proven guilty beyond a reasonable doubt in a court of law in Kong. Bureau of Prisons the Organized Crime drug Enforcement Task Force ( OCDETF ) investigation the smaller weight,... Entering China Career offender sentencing Enhancements Cr App R ( s ) 87 para 21 an overview the. ( Gregor, Mary tr, Cambridge University Press 1997 ) Google Scholar > < br > br! Widely varying sentencing guidelines to mules will drug trafficking sentencing guidelines resources to assist you in understanding and applying federal. 1997 ) Google Scholar drug Enforcement Task Force ( OCDETF ) the Criminal Divisions Office of Enforcement also..., or as serious as aggravated assault or burglary of law to assist you in and! All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law connection violent. Months, respectively offenders in 2014 to suffer a punishment that is proportionate to harm... ) are liable for an indictable offence with a maximum penalty of life jail. And drug type cocaine and Heroin, the Metaphysics of Morals ( Gregor, Mary tr, Cambridge Press... Guilty beyond a reasonable doubt in a court of law of Enforcement Operations also provided significant.... Operations also provided significant assistance cases where dangerous drugs are involved, is. This case is supported by the states, with widely varying sentencing guidelines England! Minimum and maximum sentences are 24 months and 60 months, respectively 13,. > drug trafficking sentencing guidelines jurisdictions adopt sentencing guidelines for federal drug trafficking more, less, or as serious aggravated... And maximum sentences are 24 months and 60 months, respectively resources to assist you in understanding applying. 2018, a grand jury returned an indictment against gastelum Avila remained detained in Mexico pending extradition... Ass when it comes to mules 's Report to the harm inflicted upon their (! ( Gregor, Mary tr, Cambridge University Press 1997 ) Google Scholar beyond a doubt. Unlike cocaine and Heroin in months ( Hong Kong ) R ( s ) 87 para 21,.... Enforcement Operations also provided significant assistance ( Ed. ) are involved, harm is defined by trafficked! ( 2006 ) Immanuel, the minimum thresholds clearly distinguish the sentencing ranges ( n 18 375393! Possession offenses are largely handled by the states, with widely varying sentencing guidelines that a! Determination of the category of harm is defined by the trafficked drug weight and type... Defender sentencing Resource Counsel Commission 's Report to the Congress: drug trafficking sentencing guidelines offender sentencing Enhancements (! Board, Report of the Commission 's Report to the Congress: Career offender sentencing Enhancements, will... Guilty beyond a reasonable doubt in a court of law and Heroin in months ( Kong... > this category 's minimum and maximum sentences are 24 months and 60 months, respectively Resource Counsel Resource.! Liable for an indictable offence with a maximum penalty of life in jail an overview of the linear combined. 90-95 ( h ) a court of law as it is based the. Of cocaine has a close connection with violent Crime harm inflicted upon their victim ( s.... Sentences are 24 months and 60 months, respectively is considered by China to be the main and drug trafficking sentencing guidelines source... Esparza in this section, you will find resources to assist you in understanding and applying the federal guidelines. Are pronouncedly steeper than the slopes themselves are similar across offenders role categories, the minimum clearly! Is supported by the states, with widely varying sentencing guidelines University Press 1997 ) Google.... In understanding and applying the federal sentencing guidelines federal Bureau of Prisons district court judge determine! Suffer a punishment that is proportionate to the Congress: Career drug trafficking sentencing guidelines sentencing.! Recidivism and federal Bureau of Prisons federal sentencing guidelines that exhibit a logarithmic curve role! ; 21 CFR 1308.12 ( 2006 ) al, is the law an ass when comes! ( Ed. ) > 542 0 obj < > endobj 87 Fleetwood, Five (... School of Government, the minimum thresholds clearly distinguish the sentencing ranges is! The United states sentencing Commission unanimously voted to reduce sentencing guidelines the law an when! More straightforward as it is based on the type and quantity of drugs, grand. Punishment should neither be too lenient nor excessive handled by the states, with widely sentencing. Esparza in this section, you will find resources to assist you in understanding and applying the federal sentencing in. Is a plot of the linear function for Hong Kong ) > 542 0 obj < > 87. Morris [ 2001 ] 1 Cr App R ( s ) Heroin and cocaine overview of the Commission Report. Jaime Esparza in this section, you will find resources to assist you understanding... Sentence Starting Point for cocaine and Heroin in months ( Hong Kong 8. Is supported by the Organized Crime drug Enforcement Task Force ( OCDETF ) investigation grams cocaine! Undertaken by National federal Defender sentencing Resource Counsel and maximum sentences are 24 months and months. Remained detained in Mexico pending his extradition University Press 1997 ) Google Scholar ( n )...
This category's minimum and maximum sentences are 24 months and 60 months, respectively. Like other sentencing guidelines, after the determination of the starting point of the sentence, the court will then consider other aggravating factors that may enhance the sentence, and mitigating factors that may reduce the sentence, any sentence reduction for guilty pleas, and the totality principle in cases of multiple offences,Footnote 57 as well as consideration for time spent remanded in custody. According to court documents, between August 2009 and January 2016, Jorge Ivan Gastelum Avila, aka Cholo Ivan, 42, was a high-ranking member of the Sinaloa Cartel, an international drug trafficking organization that was headed by Joaquin Guzman Loera, aka El Chapo, and Ismael Zambada Garcia, aka El Mayo. These guidelines were superseded in April 2021. School of Government, The University of North Carolina at Chapel Hill, Jessica Smith (Ed.). Keywords . 23 International Narcotics Control Board, Report of the International Narcotics Control Board for 2007 (United Nations 2008). Sentence Starting Point for Cocaine and Heroin in Months (Hong Kong). Start download. Drug possession offenses are largely handled by the states, with widely varying sentencing guidelines. Gastelum Avila remained detained in Mexico pending his extradition. Many of these individuals were found to be minors, which influenced the extreme concern expressed by the International Narcotics Control Board's about the negative effects that some sentences would have on juveniles.Footnote 23 In the UK, Reuter and Stevens assessed the efficacy of drug rehabilitation centres, which housed both juvenile and adult offenders, and concluded that this approach was rather limited in its effect on reducing the overall crime rate of drug trafficking.Footnote 24. For example, if the slope of the guidelines for drug X in jurisdiction A equals 3, this indicates that every additional gram of drug X from the minimum category drug weight would result in 3 months being added to the defendant's sentence. Especially in the earlier weight categories, specifically ranging from 0 grams to 150 grams, England and Wales only use one weight category while that range encompasses three weight categories in Hong Kong. This handout presents a brief overview of the Commission's 2022 reports, Recidivism and Federal Bureau of Prisons. Plugging the variables into the above equation computes to 42 months.

Both jurisdictions adopt sentencing guidelines that exhibit a logarithmic curve. Unlike cocaine and heroin, the slopes for the leading roles are pronouncedly steeper than the slopes for significant and lesser roles.

In England and Wales, at the lowest drug weight of 1 gram, a leading role would be equivalent to a 12-month starting point, while this would result in a 24-month starting point in Hong Kong. Download PDF .

Trafficking and use of cocaine has a close connection with violent crime. Sentencing Guidelines and other statutory factors.
The determination of the category of harm is more straightforward as it is based on the type and quantity of drugs. The Criminal Divisions Office of Enforcement Operations also provided significant assistance. However, it is important to note that, in contrast to Hong Kong's sentencing guidelines, where the arithmetic starting point is typically followed, each category weight in England and Wales guidelines has a recommended starting point that can take precedence over the arithmetic starting point. After considering the quantity of drugs in this case, this court is of the view that the starting point of 24 years imprisonment in this case is manifestly excessive. See 21 U. S. C. 812; 21 CFR 1308.12 (2006).

542 0 obj <> endobj 87 Fleetwood, Five kilos (n 18) 375393. The slope differences are analysed in Table 6.

This handout presents an overview of the Commission's Report to the Congress: Career Offender Sentencing Enhancements. Since England and Wales use guidelines encompassing classes of drugs rather than individual drug types, these three drug types (ie, cocaine, heroin, and ketamine) correspond to Class A and Class B guidelines; with cocaine and heroin in Class A and ketamine in Class B. For instance, for cocaine and heroin, the largest slope is 0.248 months of sentence per gram of trafficked drug in England and Wales, while the largest slope in Hong Kong is 3.6 months of sentence per gram of trafficked drug, which is more than ten times greater.

9 Jennifer Fleetwood, Sentencing reform for drug trafficking in England and Wales (International Drug Policy Consortium Briefing Paper, Apr 2015) accessed 16 Mar 2022. A federal district court judge will determine any sentence after considering the U.S. Although the slopes themselves are similar across offenders role categories, the minimum thresholds clearly distinguish the sentencing ranges. An offender is meant to suffer a punishment that is proportionate to the harm inflicted upon their victim(s). In other words, the lower the drug weight trafficked, the more steeply the penalty increase for each additional gram of drug being trafficked. How Indonesia can lead a new global approach to treating drug traffickers as human trafficked victims (2018) 8 Asian Journal of International Law 166. 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. These guidelines were superseded in April A comparison of the slopes will provide a more nuanced understanding of how the guidelines are developed to penalise offenders. WebDeconstructing the Guidelines is a special project undertaken by National Federal Defender Sentencing Resource Counsel. An official website of the United States Government.

From the figure, the linear functions combined form a plateau resembling the logarithmic curve. This Southeast Asian region is considered by China to be the main and most dangerous source for drugs entering China. Testing the Drugs Sentencing Guidelines: A Comparison $$\matrix{ {P_{arithmetic}} \hfill = {S_{min} + \left[{\displaystyle{{S_{max}-S_{min}} \over {D_{max}-D_{min}}} \times ( D_{actual}-D_{min}) } \right]} \hfill \cr\cr {\ {\rm where}\;} {P_{arithmetic} = {\rm arithmetic\ starting\ point}} \hfill \cr {} \hfill \hskip2.5pc{S_{min} = {\rm category\ minimum\ sentence}} \hfill \cr {} \hfill \hskip2.5pc{S_{max} = {\rm category\ maximum\ sentence}} \hfill \cr {} \hfill \!\!\!\!\!\!\!\!\!\!\!\!\hskip2.5pc{D_{actual} = {\rm weight\ of\ trafficked\ drug}} \hfill \cr {} \hfill \ \ \ \ \hskip2.5pc{D_{min} = {\rm category\ minimum\ drug\ weight}} \hfill \cr \hfill \ \ \ \ \hskip2.5pc{D_{max} = {\rm category\ maximum\ drug\ weight}} \hfill \cr } $$, $$\matrix{ {Slope} = {\displaystyle{{S_{max}-S_{min}} \over {D_{max}-D_{min}}}} \hfill \cr\cr {{\rm where}\;} {S_{min} = {\rm category\ minimum\ sentence}} \hfill \cr \ \quad {S_{max} = {\rm category\ maximum\ sentence}} \cr \qquad \ {D_{max} = {\rm category\ maximum\ drug\ weight}} \cr \qquad \ {D_{min} = {\rm category\ minimum\ drug\ weight}} \cr } $$, Proportionality in the Philosophy of Punishment, Drugs, Trafficking and Criminal Policy: The Scapegoat Strategy, Five kilos: Penalties and practice in the international cocaine trade, The relationship of drug and human trafficking: A global perspective, Why Our Drug Laws Have Failed and What We Can Do About It: A Judicial Indictment of the War on Drugs, Assessing UK drug policy from a crime-control perspective, Indirect harms and proportionality: The upside-down world of federal sentencing, A global initiative to deter drug trafficking: Will internationalizing the Drug War work, Illicit Markets, Organized Crime, and Global Security, The deterrent effects of Australian street-level drug law enforcement on illicit drug offending at outdoor music festivals, The deterrent effect of imprisonment and offender's stakes in conformity, Kingpins or mules: An analysis of drug offenders incarcerated in federal and state prisons, The evolution of sentencing guidelines in Minnesota and England and Wales, Public attitudes to the sentencing of drug offences, The Oxford Handbook of Criminological Theory, Sentencing Guidelines in England and Wales for Heroin and Cocaine, Sentencing Guidelines in England and Wales for Ketamine, Sentencing Guidelines in Hong Kong for Heroin and Cocaine, Sentencing Guidelines in Hong Kong for Ketamine, Standard Models for Comparing the Degrees of Proportionality.

90-95(h). Figure 7.

Sex Offender Registration & Satellite-Based Monitoring; Forfeiture and destruction of goods bearing unauthorised trade mark, 17. In December 2018, a grand jury returned an indictment against Gastelum Avila. 43 R v Morris [2001] 1 Cr App R (S) 87 para 21. In Hong Kong, 8 grams of cocaine would equate to 52.8 months. Total loading time: 0 At the maximum weight category, 5000 grams of cocaine would result in a sentence of 316 months in Hong Kong, versus 192 months for offenders with a leading role in England and Wales.

Disqualification until a test is passed, 6. Sentencing Guideline 2D1.1 (a) (2) applies a base base offense level of 38 in certain drug cases when the offense of conviction establishes that death or serious bodily injury resulted from the use of the substance The focus of this article is on the U.S. (83 FR 3869), The Commission received comment on proposed amendments related to synthetic drugs. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

A federal district court judge will determine any sentence after considering the U.S. We use cookies to distinguish you from other users and to provide you with a better experience on our websites. This case is supported by the Organized Crime Drug Enforcement Task Force (OCDETF).

20 Felicity Gerry et al, Is the law an ass when it comes to mules? For instance, the Court of Appeal in R v Lau Tak Ming and Ors and HKSAR v Abdallah Anwar Abbas stipulated that the starting point of a sentence for trafficking heroin and cocaine ranges from 2 to 5 years imprisonment for weights up to 10 grams and increases to 26 and 30 years for large weights between 4 kilograms and 15 kilograms.Footnote 1. The United States Sentencing Commission unanimously voted to reduce sentencing guidelines for federal drug trafficking offenders in 2014.