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U.S. Sentencing Commission Calls Federal Mandatory Minimums “Excessively Severe”
In a 645-page report prepared by the U.S. Sentencing Commission for Congress, released in October 2011, the Commission found that federal “mandatory minimum” sentences are harsh and unjust – especially in cases where there is no physical harm or threat of physical harm. The study was the first thorough examination …
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More from this issue:
- Momentum Builds to End Prison-Based Gerrymandering, by Peter Wagner
- From the Editor, by Paul Wright
- Oregon DOC Gets Tiny Cut of $3.34 Million Pfizer Settlement
- CCA Ceases Operations at Mississippi Prison, County Jail
- Florida DOC Program Targets Incarcerated Veterans
- PLN Settles Public Records Suit Against PHS in Vermont, Obtains Settlement Payout Information, by Alex Friedmann
- Washington Jail Prisoner Settles Retaliation Claim for $10,000
- Transgender Prisoner’s Lawsuit Sparks BOP Policy Change, by Derek Gilna
- Fifth Circuit Upholds Former Texas State Judge’s Bribery-Related Convictions
- States Create Special Commissions to Study Flat-Fee Indigent Defense, by Joe Watson
- GAO Report Examines Contraband Cell Phone Use in BOP Facilities, by Derek Gilna
- Former New York DOCS Food Director Pleads Guilty to Grand Larceny, by Joe Watson
- Texas Slashes Prison Education Budget, by Matthew Clarke
- Misconduct at U.S. Army Lab Taints Hundreds of Military Prosecutions, by Derek Gilna
- Oregon DOC Did Not Report 78 Prisoner Deaths in 2010-2011
- Virginia Prison Policy Prohibiting Secular, Non-Religious CDs Held Unconstitutional
- America Eats its Young: Arizona Communities Embrace Use of Private Prison Employees in Drug Raids at Public Schools, by Beau Hodai
- Report Criticizes New Hampshire’s Treatment of Female Prisoners; Lawsuit Filed, by Joe Watson
- Fifth Circuit Reverses $250,000 Award to Mississippi Prisoner Held too Long, by Matthew Clarke
- U.S. Sentencing Commission Calls Federal Mandatory Minimums “Excessively Severe”, by Derek Gilna
- Arkansas Prison Director Suspended by Board of Corrections
- Texas Federal Court Issues Preliminary Injunction Prohibiting Sex Offender Parole Conditions; Case Settles for $52,000, by Matthew Clarke
- Federal Court Upholds Maryland Law that Reclassifies Prisoners for Redistricting, by David Reutter
- Fifth Circuit Holds Mailbox Rule Applies to Legal Mail Rejected Under Bogus Prison Rule
- New North Carolina DOC Hospital Promises Better Healthcare for Prisoners, by Joe Watson
- Michigan DOC Taser Experiment Touted; Prison Perimeter Patrols to End
- Missouri County Ordered to Present Civil Detainees Before Court within 27 Hours; $75,000 Damages Settlement
- Organizations Submit Letters to FCC Urging Action on Prison Phone Rates, by Mel Motel
- West Memphis Three Released, but Justice Not Served and Questions Remain, by Joe Watson
- Oregon Re-Sells Unused Execution Drugs
- Philadelphia Women Prisoners Sue for Being Housed with a Man
- California: Jail Nurse Receives $703,957 in Retaliation Suit Against County, PHS
- Puerto Rico DOC Fires 97 Guards, Suspends More Than 100
- News in Brief
More from Derek Gilna:
- Federal Judge in Louisiana Issues Sweeping Opinion Finding Numerous Eighth Amendment, ADA and RA Violations at Angola, April 1, 2022
- Human Rights Defense Center Prevails in Censorship Lawsuit Against Napa County Jail, California, Sept. 1, 2021
- California State Auditor’s Report Faults Counties for Waste and Poor Oversight of State Funds Used in “Public Safety Realignment”, Sept. 1, 2021
- The Fight Over Cellphones in Prisons Rages On, Sept. 1, 2021
- District Court Extends Armstrong Order to Five Additional California Prisons, Sept. 1, 2021
- HRDC Settles Censorship Lawsuit with Johnson County, Kansas Jail for $50,000 and Policy Changes, Aug. 1, 2021
- Virginia Prosecutors to Dismiss 400 Drug Convictions Tied to Disgraced Cop, July 15, 2021
- Discredited New York Police Detective’s False Testimony Causes the Dismissal of Close to 100 Drug Convictions, June 15, 2021
- D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire, April 15, 2021
- Mississippi Joins Illinois and Few Other States Prioritizing Vaccination of State Prisoners to Slow Spread of COVID-19, April 1, 2021
More from these topics:
- First Circuit Vacates Drug Courier’s Sentence, Holding District Court Erred by Failing to Conduct Proper Comparative Culpability Analysis Under § 3B1.2 When It Excluded Other Participants in Drug Shipment From Universe of Comparators, May 1, 2026. U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Appellate Jurisdiction/Review, Sentencing Findings, Relevant Conduct.
- Sixth Circuit Announces Federal Coercion and Enticement Statute Requires Knowledge of Victim’s Minor Status, Deepening Circuit Split, May 1, 2026. U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Statutory Construction/Interpretation, Sentence, Miscalculation of the Guidelines Sentencing Range.
- Tenth Circuit Holds Prior California Child Pornography Conviction Does Not Trigger Federal Mandatory Minimum Because State Statute Encompasses Conduct Beyond Federal Definition Under Categorical Approach, April 1, 2026. U.S. Sentencing Guidelines, Qualifying Offenses, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Child Pornography.
- SCOTUS Announces Sentencing Reform Act Does Not Authorize Automatic Extension of Supervised Release When Defendant Absconds, Resolving Circuit Split, April 1, 2026. Sentencing, Revocation/Modification of Probation, etc., Statutory Construction/Interpretation, Sentences - Corrections or Modifications of, Probation, Parole & Supervised Release.
- U.S. Sentencing Commission Report Breaks Down Federal Contraband Sentences, March 1, 2026. Guard Misconduct, Mechanical Searches/Scanners, Statistics/Trends, U.S. Sentencing Guidelines, Bribery/Extortion/Theft.
- Acquitted Conduct Sentencing: Not Guilty – But Punished Anyway, March 1, 2026. U.S. Sentencing Guidelines, Federal Legislation, Fifth Amendment, Sixth Amendment, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- First Circuit Clarifies Mitigating Role Analysis – Sentencing Courts Must Consider All Identifiable Participants in Drug Shipment, Not Just Crew Members, and Use § 3B1.2 Factors to Assess Relative Culpability, Not Guilt, Dec. 15, 2025. U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Miscalculation of the Guidelines Sentencing Range.
- Ex-Wife of Minnesota DOC Commissioner Sentenced for Poisoning Attempt on Son, Dec. 1, 2025. Out of State Transfers, Sentencing, Conspiracies, Attempts, Solicitations, Confessions and Statements of Defendant, Plea Agreements/Guilty Pleas.
- Third Circuit Announces “Commencement of the Instant Offense” in Guidelines § 4A1.2(e) Unambiguously Refers Only to Specific Offense of Conviction, Not Relevant Conduct, Nov. 15, 2025. U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Prior Conviction/Sentence/Incarceration, Adequacy of Criminal History Category, Statutory Construction/Interpretation.
- Indiana Supreme Court Announces Whether Defendant’s Actions Were “Objectively Reasonable” Justifying Self-Defense Can Be Considered in Hindsight, Sept. 15, 2025. U.S. Sentencing Guidelines, Criminal Procedure, Appealable Issues/Orders.