Federal Drug Offenses and the Sentencing Guidelines
Although the United States Sentencing Guidelines are now advisory, they are still an important part of all federal sentencing proceedings, including drug crimes. Drug offenses are routinely prosecuted in federal court. Theses offenses can involve a variety of conduct, including drug conspiracies, federal drug trafficking, possession with intent to distribute, and possession of drug paraphernalia. Drug conspiracies may be proven through the use of circumstantial evidence, however, the following elements must be met: an agreement between two or more persons to possess or to possess with intent to distribute some kind of illegal drug or controlled substance, including cocaine, cocaine base, know as "crack", heroin, methamphetamine, or marihuana, the defendant must know of the conspiracy, and must also be knowingly and voluntarily part of the conspiracy.
Drug quantities are an essential part of sentencing in Federal Court. For example, a person convicted of drug conspiracy is not only sentenced based on his own conduct, but also on the basis of the conduct of his co-conspirators that was known to the defendant or was reasonably forseeable to him. This may even include uncharged drug amounts as well as all amounts charged in dismissed counts. This concept is known in the sentencing guidelines as relevant conduct. However, after the Supreme Court's decision in Apprendi, drug quantities which increase the statutory maximum penalty are elements of the offense which must be charged in the indictment and presented to a jury for proof beyond a reasonable doubt.
A federal lawyer may attempt to have the government stipulate to a specific amount of drugs before the sentencing hearing to minimize the potential guideline range. Additionally, a federal defense attorney will almost always file objections to the pre-sentence investigation report and a sentencing memorandum to highlight any mitigating factors to the court.
The Mace Firm handles all federal crimes including federal drug offenses in South Carolina. Our federal attorneys travel to many different jurisdictions, including Florida, Georgia and South Carolina.
