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94 Nw. U. L. Rev. 1471 (1999-2000)
Safety Valve Failure: Low-Level Drug Offenders and the Federal Sentencing Guidelines

handle is hein.journals/illlr94 and id is 1481 raw text is: Copyright 2000 by Northwestern University School of Law Printed in U.S.A. Northwestern University Law Review Vol. 94, No. 4 Comments SAFETY VALVE FAILURE: LOW-LEVEL DRUG OFFENDERS AND THE FEDERAL SENTENCING GUIDELINES Jane L. Froyd I. INTRODUCTION Over the last two decades, Congress has completely overhauled federal sentencing policies pertaining to drug-related offenses. First, in an effort to curb discriminatory sentencing, Congress enacted the Federal Sentencing Guidelines which require judges to impose sentences within particular ranges.' Second, Congress enacted stiff mandatory minimum sentences for certain drug-related offenses in an attempt to combat the proliferation of drug crimes in America.2 Congress intended for these mandatory minimum sentences to apply only to high- and mid-level drug offenders. However, Congress tied these mandatory minimum sentences to the quantity of drugs involved in the crime. This effectively eliminated the ability of judges to apply mitigating factors that would normally reduce sentences for less culpable offenders under the Federal Sentencing Guidelines' system of calculating sentences.3 Thus, low-level offenders also receive mandatory minimum sentences re- gardless of their level of culpability. Not only are low-level offenders receiving high sentences due to the mandatory minimum sentencing scheme, but many high-level offenders are able to avoid mandatory minimum sentences through a mechanism called the substantial assistance departure.4 If a suspect is able and willing to furnish the government with substantial assistance relating to an investiga- tion, that suspect may be eligible for the substantial assistance downward departure, thus allowing a judge to give the offender a sentence below the J.D. 2000, Northwestern University School of Law. I would like to thank the following people for the encouragement and advice they offered while I was writing this comment: Professor Dorothy Rob- erts, Professor Shari Diamond, editors Laura Holliday and Jennifer Smiley, Christopher Kamrath, Beth Colgan, Sarah Mervine, and Mazda Antia. ' See infra Part II. 2 See infra Part III. 3 See infra Part IV.C. 4 See infra Part II.E.2. 1471