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1 1 (February 2, 2023)

handle is hein.crs/govekko0001 and id is 1 raw text is: Congressional_______ R a esearch Service When Is a Mandatory Minimum Sentence Not Mandatory Under the First Step Act? February 2, 2023 For some federal crimes, Congress establishes maximum penalties and mandatory minimum penalties that form the outer bounds of permissible federal criminal sentences. Between these statutory limits are the U.S. Sentencing Guidelines-a series of sentencing ranges based on points assigned to the offense committed and to the defendant's criminal history. Together, federal statutes and the Guidelines provide the basic structure for federal sentencing decisions. Despite their name, mandatory minimums are not always mandatory. For instance, the First Step Act, passed by Congress in 2018, authorizes federal judges to impose a sentence below a mandatory minimum for certain drug offenses. The act provides that a defendant is eligible for this safety valve, or relief from the mandatory minimum, depending in relevant part on the defendant's criminal history. The U.S. Courts of Appeals are divided on when defendants' criminal history renders them ineligible for safety- valve relief. In practical terms, this disagreement results in sentencing disparities across the country. Defendants in jurisdictions that interpret eligibility for safety-valve relief strictly may receive longer sentences than defendants with similar convictions and similar criminal records in jurisdictions adopting a more relaxed interpretation of the act. Mandatory Minimum Penalties Generally Mandatory minimum sentences require judges to impose a sentence of a term of imprisonment of at least the time specified in a statute, a requirement generally triggered by the offense of conviction and/or the defendant's recidivism. Mandatory minimums have existed throughout American history, with examples stretching as far back as at least 1790. The relationship between federal mandatory minimum sentences and judges' corresponding discretion to impose appropriate sentences in particular cases has fluctuated over time. In the modern era, the introduction of the Sentencing Guidelines in 1984 tightly confined judges' sentencing discretion. Congress added a host of mandatory minimum penalties shortly thereafter, including mandatory minimums for certain drug and child pornography offenses. Proponents cite various arguments to justify mandatory minimums. According to a 1991 U.S. Sentencing Commission report, mandatory minimums ensure that a sentence reflects the seriousness of the offense, averts the prospect of lenient sentences, and promotes certainty and predictability in sentencing. Mandatory minimum sentences, the Commission observes, further several philosophical purposes of Congressional Research Service https://crsreports.congress.gov LSB10910 CRS Legal Sidebar Prepared for Members and Committees of Congress

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