2011 Report to the Congress: Mandatory Minimum Penalties in the Federal Criminal Justice System

Summary

This report assesses the impact of mandatory minimum penalties on federal sentencing, particularly in light of the Supreme Court's decision in Booker v. United States, which rendered the federal sentencing guidelines advisory. The United States Sentencing Commission prepared this report pursuant to a congressional directive contained in section 4713 of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009, Pub L. No. 111–84, and the Commission's general authority under 28 U.S.C. §§ 994–995, as well as its specific authority under 28 U.S.C. § 995(a)(20) to "make recommendations to Congress concerning modification or enactment of statutes relating to sentencing, penal, and correctional matters that the Commission finds to be necessary and advisable to carry out an effective, humane, and rational sentencing policy."

Executive Summary

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Executive Summary
Chapter One: Overview
Chapter Two: History of Mandatory Minimum Penalties and Statutory Relief Mechanisms
Chapter Three: The Interaction Between Mandatory Minimum Penalties and the Sentencing Guidelines
Chapter Four: Changes in the Federal Criminal Justice System, Mandatory Minimum Penalties, and the Federal Prison Population
Chapter Five: Policy Views About Mandatory Minimum Penalties
Chapter Six: The Use of Mandatory Minimum Penalties in Selected Districts
Chapter Seven: Statistical Overview of Mandatory Minimum Penalties
Chapter Eight: Mandatory Minimum Penalties for Drug Offenses
Chapter Nine: Mandatory Minimum Penalties for Firearm Offenses
Chapter Ten: Mandatory Minimum Penalties for Sex Offenses
Chapter Eleven: Mandatory Minimum Penalties for Identity Theft Offenses
Chapter Twelve: Conclusions and Recommendations
Appendix A: Current Statutory Provisions Requiring Mandatory Minimum Terms of Imprisonment
Appendix B: Pending Mandatory Minimum Legislation
Appendix C: Table Listing Mandatory Minimums in the 1878 Revised Statutes
Appendix D: Empirical Analysis of Mandatory Minimums – Tables and Figures
Appendix E:Brief Review of Case Law Relating to Mandatory Minimum Sentences
Appendix F: Field Interview Questions for Federal Prosecutors and Defense Attorneys
Appendix G: Summaries of Oral and Written Remarks of the Witnesses to the Commission about Mandatory Minimum Penalties at May 2
Appendix H: Methodology for Offender Function Coding
Appendix I: Bibliography
Appendix J: Summaries of Oral and Written Remarks of the Witnesses to the Commission About the Topic of Mandatory Minimum Penal