RAND Finds Imprisoned Low-Level Drug Offenders in Arizona and California Typically Could Have Faced More Serious Charges

This Commentary provides a perspective on the U.S. Sentencing Commission’s proposed amendment to the drug distribution guideline. The proposed amendment has the potential to substantially affect federal sentencing and incarceration because of the sheer volume of advisory sentencing ranges that are calculated through the drug distribution guideline. Although the proposed almost-across-the-board offense level reduction is laudable, the Commission should go further in its amendment of the drug distribution guideline. First, the proposed amendment reduces most of the offense levels in the Drug Quantity Table by two levels, but it does not alter the offense levels for distributions of the smallest and largest drug quantities. The amendment would be more internally consistent if the Commission simply reduced the offense levels applicable to the entire Drug Quantity Table by two levels. Second, the amendment continues to base the offense levels in the Drug Quantity Table on the mandatory minimums in the drug trafficking statute. The Commission should delink the Drug Quantity Table from the mandatory minimums. An increasing number of drug defendants escape the operation of otherwise-applicable mandatory minimum sentences, particularly in the wake of the Supreme Court’s decision in Alleyne v. United States and the Attorney General’s directive to federal prosecutors to structure indictments to avoid mandatory minimums for certain low-level, non-violent drug offenders. Fairness dictates that these offenders receive a advisory sentencing range that reflects the Commission’s research and expertise rather than one that is bound to inapplicable statutory mandatory minimums.

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The Case For the Smarter Sentencing Act

Federal Sentencing Reporter ◽

10.1525/fsr.2014.26.5.298 ◽

2014 ◽

Vol 26 (5) ◽

pp. 298-301

Author(s):

John G. Malcolm

Keyword(s):

Public Safety ◽

Prison Population ◽

Crime Rates ◽

Federal Prison ◽

Drug Offenders ◽

Significant Percentage ◽

Low Level

Beginning in the 1980’s, Congress passed a series of “tough on crime” mandatory minimum sentences. While increased periods of incarceration contributed to reduced crime rates, the pendulum has swung too far. Mandatory minimum sentences designed for “kingpins” are often meted out to low level drug offenders, who occupy a significant percentage of the federal prison population. The Smarter Sentencing Act would, among other things, reduce the level of minimum sentences for some drug offenders without eliminating them, enabling judges to impose harsher sentences when warranted and freeing up prison space for offenders who pose a greater risk to public safety.

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Editors' Observations: The Disproportionate Imprisonment of Low-Level Drug Offenders

Federal Sentencing Reporter ◽

10.2307/20639731 ◽

1994 ◽

Vol 7 (1) ◽

pp. 3-6 ◽

Cited By ~ 3

Author(s):

Marc Miller ◽

Daniel J. Freed

Keyword(s):

Drug Offenders ◽

Low Level

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Sentencing to Drug Court

Federal Sentencing Reporter ◽

10.1525/fsr.2021.34.1.63 ◽

2021 ◽

Vol 34 (1) ◽

pp. 63-70

Author(s):

Lizett Martinez Schreiber

Keyword(s):

Drug Court ◽

Target Population ◽

Drug Courts ◽

Drug Offenders ◽

Alternative Sentencing ◽

Presidential Candidates ◽

Criminal Justice Reform ◽

Low Level ◽

Success Stories ◽

National Organizations

Drug courts are frequently touted as an alternative sentencing option for low-level drug offenders and were even promoted by U.S. presidential candidates in 2020. While national organizations tout that “Drug Courts Work,” there are many who question their efficacy. Favorable statistics and success stories depend on close fidelity to the prescribed models from the National Association of Drug Court Professionals. With rapid adoption of drug courts nationwide, and little oversight of their fidelity to the drug court model, some judges may operate drug courts in ways that can harm, rather than help, an increasing number of participants. Improper drug court admissions and heavy use of jail sanctioning lead to worse outcomes for participants—and to suspicion toward drug courts among the criminal justice reform movement of which drug courts aim to be a part. While the drug court model has evolved as a treatment model for offenders with high criminogenic risk and high treatment need, some judges either disregard or are unaware of this shift. Participants are supervised more closely and are often given higher treatment dosages than they require to address their substance use disorder. Low-level offenders may end up with accrued jail time through their drug court participation that exceeds the amount they would have received had they simply been sentenced to a jail term at the outset of their plea. Increased oversight of drug courts, combined with required education for judges and court staff, will lead to a better understanding of the drug court model. By identifying the proper target population, focusing on treatment, and reducing or eliminating jail sanctions, drug courts will align with the national model, improve outcomes, and reduce both jail time and recidivism of their participants. This Article outlines the evolution of the drug court model and shows that lack of understanding of that evolution leads to harsher sentencing for low-level drug offenders.

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Tryptophan-Niacin Metabolism in Rat with Puromycin Aminonucleoside-Induced Nephrosis

International Journal for Vitamin and Nutrition Research ◽

10.1024/0300-9831.76.1.28 ◽

2006 ◽

Vol 76 (1) ◽

pp. 28-33 ◽

Cited By ~ 7

Author(s):

Yukari Egashira ◽

Shin Nagaki ◽

Hiroo Sanada

Keyword(s):

Body Weight ◽

Urinary Excretion ◽

Enzyme Activities ◽

Treated Group ◽

Control Group ◽

Puromycin Aminonucleoside ◽

Low Level ◽

Key Enzyme

We investigated the change of tryptophan-niacin metabolism in rats with puromycin aminonucleoside PAN-induced nephrosis, the mechanisms responsible for their change of urinary excretion of nicotinamide and its metabolites, and the role of the kidney in tryptophan-niacin conversion. PAN-treated rats were intraperitoneally injected once with a 1.0% (w/v) solution of PAN at a dose of 100 mg/kg body weight. The collection of 24-hour urine was conducted 8 days after PAN injection. Daily urinary excretion of nicotinamide and its metabolites, liver and blood NAD, and key enzyme activities of tryptophan-niacin metabolism were determined. In PAN-treated rats, the sum of urinary excretion of nicotinamide and its metabolites was significantly lower compared with controls. The kidneyα-amino-β-carboxymuconate-ε-semialdehyde decarboxylase (ACMSD) activity in the PAN-treated group was significantly decreased by 50%, compared with the control group. Although kidney ACMSD activity was reduced, the conversion of tryptophan to niacin tended to be lower in the PAN-treated rats. A decrease in urinary excretion of niacin and the conversion of tryptophan to niacin in nephrotic rats may contribute to a low level of blood tryptophan. The role of kidney ACMSD activity may be minimal concerning tryptophan-niacin conversion under this experimental condition.

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