Report to Congress: Mandatory Minimum Penalties in the Federal Criminal Justice System
October 2011
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 Shepherd 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."
CHAPTER 1 – Overview
CHAPTER 2 – History of Mandatory Minimum Penalties and Statutory Relief Mechanisms
CHAPTER 3 – The Interaction Between Mandatory Minimum Penalties and the Sentencing Guidelines
CHAPTER 4 – Changes in the Federal Criminal Justice System, Mandatory Minimum Penalties, and the Federal Prison Population
CHAPTER 5 – Policy Views About Mandatory Minimum Penalties
CHAPTER 6 – The Use of Mandatory Minimum Penalties in Selected Districts
CHAPTER 7 – Statistical Overview of Mandatory Minimum Penalties
CHAPTER 8 – Mandatory Minimum Penalties for Drug Offenses
CHAPTER 9 – Mandatory Minimum Penalties for Firearm Offenses
CHAPTER 10 – Mandatory Minimum Penalties for Sex Offenses
CHAPTER 11 – Mandatory Minimum Penalties for Identity Theft Offenses
CHAPTER 12 – Conclusions and Recommendations