U.S. Sentencing Commission Guidelines

The U.S. Sentencing Commission earlier this month addressed Congress for approval of amendments to the federal sentencing guidelines, including a number addressing new crimes now defined by legislation on topics relating to sex offenders, terrorism, procuring confidential telephone records, and copyright & trademark infringement. (See Commission Press release)

Additionally, the amendments include the Commission’s proposal to lower recommended sentences for offenses involving crack cocaine, which Congress has rebuked in the past. One of the Commission’s positions is that the objectives established in 18 U.S.C. § 3553(a) would be better met by reducing the 100:1 crack/powder ratio used as a sentencing standard, a measure which would require further Congressional action.

Along with its proposed amendments, the Sentencing Commission also issued its 2007 “Cocaine and Federal Sentencing Policy” report to Congress. To provide some sort of contextual framework in which to access federal policy, the Commission surveyed state laws and contacted the sentencing commissions of those states that had one, finding, for instance, that “only 13 states have some form of distinction between crack cocaine and powder cocaine in their penalty schemes.” Ohio is one of those 13, using a graduated scale based on threshold amounts & felony categories. [ORC § 2925. 01(X)(GG)]

Also examined on the state level was whether imposed sentences were “determinate” (i.e., sentence imposed as approximates sentence served), or “indeterminate” (i.e., sentence or sentence range imposed with release back into the community after service of less than full sentence). Here, “27 states used some form of sentencing guideline; 40 have determinate sentencing structures, some in combination with guidelines… Statutory mandatory minimum penalties exist in 41 states for certain drug offenses (e.g., trafficking, and sale of drugs within a certain distance of a protected area such as a school).”


Proposed amendments
Federal Register