Conflicting appearances, especially in drug cases, often illustrate the unfairness of penal punishment in the American criminal justice system.
But there are many different reasons for this dilemma.
In this post, we’re going to look at two recent cases in which individuals convicted of committing what appears to be the same criminal conduct but whose punishment outcomes were as different as night and day.
Why?
What makes drug crime sentencing so incredibly complicated and seemingly unfair?
Let’s start with the specific example, then move on to the law.
Recently, two people in New York State were convicted for selling fentanyl to people who later died after taking the drug. One received a 20-year prison term while the other was given a 5-year probation term.
Appears utterly unfair, right? Yet experts say the law is being correctly applied.
How is this possible?
The individual who received the 20-year prison sentence was charged with “distribution of fentanyl causing death”—a federal charge with a mandatory minimum and strict sentencing guidelines under the U.S. Sentencing Guidelines. These sentencing protocols often produce harsher sentences than those imposed under state sentencing schemes.
Further, at the federal level, the drug offender can be classified as a leader or a notorious dealer with a past history of violent criminal behavior involved in a vast drug trafficking conspiracy. These circumstances inevitably produce an enhanced sentence.
By contrast, the other New York individual was a first-time offender who was charged at the state level with “third-degree criminal sale of a controlled substance.” A conviction for this offense typically results in probation rather than a prison sentence, particularly for first-time offenders.
So why was there no sentence enhancement at the state level when the drug sold also resulted in the death of another person?
In this fact example prosecutors did not believe the individual charged at the state level genuinely knew they were selling fentanyl rather than heroin, the latter not being typically as dangerous.
Further, this state offender was not a dealer, evidenced by the fact that the drug “sale” actually involved exchanging the substance for groceries.
Is There a “Bottom Line” to Why these Sentences Were So Different?
The simple fact is that federal drug statutes are tougher than state statutes—an accurate assessment—and the federal rules of evidence make it easier to prove a direct nexus between the drug seller’s knowledge of the dangers of the drug being sold and the death of a victim who purchased the drug,
The inevitable result is that someone convicted of a drug offense at the federal level will almost assuredly face harsher consequences.
What determinative factors are utilized to have a case prosecuted at the federal or state level?
The federal government can assume jurisdiction over on any drug crime it wants, but its prosecutors are not required to do so. More often than not, federal prosecutors go after the large scale drug conspiracy cases or the rare cases in which state authorities want a dangerous drug defendant prosecuted at the federal level because of the harsher sentencing guidelines at that that level.
In other words, state prosecutors and law enforcement officials will look at the specific details not only of a single criminal act, but also at an individual’s history. If a person looks really “bad” while the other looks relatively “good,” they can appeal to federal prosecutors to take the case because they know federal drug penalties are more severe.
How different are these state/federal penalties?
- Less than one gram: minimum 180 days in jail or maximum two years in prison, maximum fine of $10,000, or both
- Between one gram and four grams: between two and 10 years in prison, maximum fine of $10,000, or both
- Between four grams and 200 grams: between two and 20 years in prison, maximum fine of $10,000, or both
- Between 200 grams and 400 grams: between five and 99 years in prison, maximum fine of $100,000, or both
- Four hundred grams or more: between 10 and 99 years in prison, maximum fine of $100,000, or both
The penalties for manufacture or delivery of a Penalty Group 1 substance include the following:
- Less than one gram: between 180 days and two years, maximum fine of $10,000, or both
- Between one gram and four grams: between five and 99 years to life in prison, maximum fine of $10,000, or both
- Between four grams and 200 grams: between five and 99 years to life in prison, maximum fine of $10,000, or both
- Between 200 grams and 400 grams: between 10 and 99 years to life in prison, maximum fine of $100,000, or both
- Four hundred grams or more: between 15 and 99 years to life in prison, maximum fine of $250,000, or both
Penalties can be enhanced if the crime was committed in the presence of a child or a child was used in commission of the crime. Since sentencing is so specific depending on the drug, it’s important to consult with an experienced Texas drug crime attorney for more details.
Federal Drug Crime Laws
For a similar drug penalty group under federal law, these are the sentencing guidelines:
- Smaller Quantities (varies by drug)
- First Offense: Not less than five years, and not more than 40 years. If death or serious injury occurs, not less than 20 years or more than life. Fine of not more than $2 million if an individual, $5 million if not an individual.
- Second Offense: Not less than 10 years, and not more than life. If death or serious injury occurs, life imprisonment. Fine of not more than $4 million if an individual, $10 million if not an individual.
- Larger Quantities (varies by drug)
- First Offense: Not less than 10 years, and not more than life. If death or serious injury occurs, not less than 20 years or more than life. Fine of not more than $4 million if an individual, $10 million if not an individual.
- Second Offense: Not less than 20 years, and not more than life. If death or serious injury occurs, life imprisonment. Fine of not more than $8 million if an individual, $20 million if not an individual.
- Two or More Prior Offenses: Life imprisonment
As you can see, federal drug sentencing has higher mandatory minimums for similar drug types and quantities. Since the characterization of your background can go a long way toward determining what kind of charges you face – and in which forum you will face them – it is vital that you work with someone who knows the law and understands how to paint a sympathetic picture of you and your actions.