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The sentencing for this Act, if passed, will fall under the Controlled Substances Act and sentencing of these federal offenders will be determined by Sentencing Guidelines. The United States uses what is known as the Federal Sentencing Guidelines to determine appropriate ranges of sentencing for offenders convicted of federal crimes. Crimes ...
The Guidelines are the product of the United States Sentencing Commission, which was created by the Sentencing Reform Act of 1984. [3] The Guidelines' primary goal was to alleviate sentencing disparities that research had indicated were prevalent in the existing sentencing system, and the guidelines reform was specifically intended to provide for determinate sentencing.
The Drug Enforcement Administration is responsible for enforcing the Controlled Substances Act. Under the Controlled Substances Act, illicit drugs are classified under five Schedules, with Schedule I being the most severe. A drug's classification is determined by weighing its potential medical uses against its potential for abuse. [5] The ...
[17] The "Drugs Minus Two Amendment" changed the U.S. Federal Sentencing Guidelines to "reduce the applicable sentencing guideline range for most federal drug trafficking offenses." [ 17 ] The Commission voted to make the Amendment retroactive on July 18, 2014, "thereby allowing eligible offenders serving a previously imposed term of ...
(a)Controlled Substances Act.— The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended— (1)in section 102 (21 U.S.C. 802), by adding at the end the following: (57)The term "courier" means a defendant whose role in the offense was limited to transporting or storing drugs or money. and
As used, the term 'laboratory supply' means a listed chemical or any chemical, substance, or item on a special surveillance list published by the Attorney General, which contains chemicals, products, materials, or equipment used in the manufacture of controlled substances and listed chemicals.
Sentencing guidelines define a recommended sentencing range for a criminal defendant, based upon characteristics of the defendant and of the criminal charge. Depending upon the jurisdiction, sentencing guidelines may be nonbinding, or their application may be mandatory for the criminal offenses that they cover.
Kimbrough v. United States, 552 U.S. 85 (2007), was a United States Supreme Court case in which the Court confirmed that federal district judges utilize, in an advisory (not as law) fashion, Federal Sentencing Guidelines, in cases involving conduct related to possession, distribution, and manufacture of crack cocaine.