Press Release from Families Against Mandatory Minimums

FAMM Victory:
Amendment to cap federal guideline sentences for low-level drug offenders is now law

On November 1, 2002, a federal sentencing guideline amendment to "cap" sentences for the least culpable drug offenders became law.

Amendment 4 is designed to limit the exposure of low level drug offenders to increased penalties based on drug quantity alone. The guideline puts a ceiling on the sentence of a defendant who is a minimal or minor participant.

"Amendment 4 targets the least culpable of all drug defendants, capping their base sentences at Level 30, roughly 10 years," commented Julie Stewart, president and founder of Families Against Mandatory Minimums (FAMM). "This cap prevents their sentences from being driven above Level 30 by drug quantity, which is the primary factor that determines sentence length. Drug quantity may be a relevant sentencing factor, but a defendant's role in the offense is also a very important factor in determining a just sentence. Amendment 4 strikes a reasonable balance between these factors."

Amendment 4 will not result in wholesale changes to drug sentences. The only defendants covered by it are those found by a court to have been minor or minimal participants in drug offenses. While the amendment would cap their base offense level at 30, it does not prohibit a judge from increasing the sentence based on any other factor the court deems appropriate. The Sentencing Commission estimates that only six percent of all drug defendants -those who receive a minimal role adjustment - will qualify, approximately 240 people each year.

FAMM urges the Commission to make Amendment 4 retroactive to apply to those prisoners with mitigating role adjustments whose sentences are above Level 30. Justice demands that any changes benefiting future defendants should also benefit those already incarcerated.

Families Against Mandatory Minimums (FAMM) is a national, nonprofit organization founded in 1991 to challenge inflexible and excessive penalties required by mandatory sentencing laws. FAMM promotes sentencing policies that give judges the discretion to distinguish between defendants and sentence them according to their role in the offense, seriousness of the offense, and potential for rehabilitation. FAMM's 28,000 members include prisoners and their families, attorneys, judges, criminal justice experts and concerned citizens.

To read the actual language of Amendment 4, plus other amendments to the federal sentencing guidelines, please go to www.ussc.gov. Visit www.famm.org to join FAMM and for information on how you can become part of the movement for sentencing reform.