The sentences imposed in federal cocaine cases are based on a combination of sentencing
guidelines and statutory rules (referred to throughout this paper as the “federal sentencing scheme”
.
The U.S. Sentencing Guidelines (the “Guidelines”
specify ranges of imprisonment based on offense
and offender characteristics. A set of overlapping statutes define the federal cocaine offenses –
possession of cocaine base and trafficking in cocaine base or cocaine powder – and prescribe
mandatory minimum and maximum penalties that may be imposed for these offenses.
These mandatory minimums establish two tiers of mandatory prison terms for first-time drug
traffickers:
• a five-year minimum sentence for individuals convicted of trafficking 5 grams of
cocaine base or 500 grams of powder, and
• a ten-year minimum sentence for individuals convicted of trafficking 50 grams of
cocaine base1 or 5,000 grams of power.
The Guidelines are based on the mandatory minimums in a way that perpetuates the 100:1
differential in the amount of powder and crack cocaine required for the imposition of a given
sentence. Thus, for instance, a first-time, non-violent offender convicted of trafficking in 15,000
grams (15 kg.) of powder cocaine or 150 grams of crack cocaine would face the same penalty range
of 151 to 188 months.
The federal sentencing scheme has been criticized