NO 2ND CHANCES WITH DRUG CRIMES

Each year, dozens of Montanans learn the hard way that in federal court
there are no second chances when it comes to drug crimes. With federal
mandatory minimum sentences, nothing but the amount of drugs matters.

It takes a kilogram, 2.2 pounds, of heroin to earn a mandatory 10 year
sentence under federal drug trafficking laws.

To chalk up the same sentence, a methamphetamine dealer needs only half as
much -- 500 grams of a mixture containing meth, sometimes called crank. If
the crank is pure enough, the 10-year sentence kicks in at 50 grams -- less
than 2 ounces.

Meth is one of the most dangerously addictive drugs on the market and racks
up big sentences faster than many other commonly abused drugs. Threshold for
a 10-year minimum for cocaine is 5 kilograms. It would take 1,000 grams of
marijuana.

An ounce equals 28.4 grams. A pound equals about 454 grams.

Among the few drugs to exceed the power of meth to draw a decade in a
federal pen are LSD, 10 grams; PCP, 100 grams, and crack cocaine, 50 grams.

Convictions for federal drug sentences are governed by sentencing guidelines
in conjunction with mandatory minimum penalties specified by Congress.
Mandatory minimums come into play when drug amounts hit specific thresholds.
The only time the minimums can be avoided is if a first-time, nonviolent
offender with a clean record qualifies for a "safety valve" provision. Most
don't.

Guidelines apply if the amount of drugs falls below the minimum thresholds.
Under sentencing guidelines, the amount of time an offender receives is
determined by a complex formula. A sentencing range is based on numerous
factors including the crime itself, the extent of the defendant's criminal
history, whether he played a minor or major role in the crime, whether he
accepted responsibility for the crime and if the criminal act was aberrant
behavior.

The rigid federal sentences are controversial even among the judiciary and
kick in early for meth dealers.

It was a third offense that tripped up Billings drug kingpin Victor Robert
Nava Sr. and sent him to prison for life earlier this year. In May, Nava was
sentenced to two life terms and forfeited three houses to the government
after being convicted of multiple charges and being found responsible for
more than 500 grams of a meth mixture. Nava had two previous drug
trafficking convictions in state court.

Nava continued to deal drugs, even while he was on probation, prosecutors
said.

There are many less obvious ways to increase a federal drug sentence.

Sales by anyone over age 18 to anyone under age 21 can double the penalties.
So can distributing within 1,000 feet of schools, universities, playgrounds
and public housing, or within 100 feet of a youth center, public swimming
pool or video arcade. The same applies when distributing to a pregnant
woman. A second offense under any of those scenarios can triple the
penalties.

Add a gun to the mixture, and sentences soar.

Possessing, using or carrying a firearm in relation to drug trafficking adds
at least another five-year mandatory minimum. By law that sentence must be
served consecutively with sentences for drug violations.

The suspect doesn't have to actually carry the gun to a drug deal. All he
has to do is have the gun in proximity to where the drugs are stored. A
hunting rifle racked in a pickup or a handgun in the same room as the drug
can constitute a violation. Take a gun in trade for a little dope, and the
statute applies.

First offense of possession of a gun in relation to drug trafficking
requires a minimum mandatory five-year sentence. If the weapon is actually
brandished in a drug deal, the penalty is at least seven years. If the gun
is discharged, count on a mandatory 10 years. A second conviction on any of
those charges triggers an automatic 25-year penalty.

The type of weapon counts too. A short-barreled shotgun or rifle, or a
semiautomatic rifle translates to a mandatory 10 years on the first offense.
A machine gun, a silencer or a destructive device such as a bomb earns a
mandatory 30 years. A second offense automatically means life in prison.

Stiff firearm penalties are not just on the books for show.

Ask Julio Gonzalez Jr. He was 22 in 1997 when U.S. District Judge Jack
Shanstrom sentenced him to 30 years for carrying a Mac 10 converted to a
machine gun to a drug deal. Officers found the gun during a routine traffic
stop in Billings. Gonzalez got just over two years for the drug deal, which
involved a small amount of meth. The two sentences have to be served
consecutively.

By the time an offender stacks up a third conviction for drugs or drugs and
guns, federal judges often throw away the keys. A number of theories are
available to enhance the sentence of a chronic offender.

Anyone 18 or older with two prior state or federal felony convictions for
drug charges or crimes of violence can be sentenced as a "career offender."

A career offender designation automatically puts anyone convicted of a third
drug or violent crime into the top criminal history category for purposes of
figuring guideline sentences. That can add years to an already long term.

Another route to a long sentence is the three-strikes provisions that adds a
mandatory 15 years to someone with three previous convictions for serious
drug or violent crimes. Juvenile crimes of violence can count among the
prior convictions.

________________________________________________________________

SERIES INDEX:

Hard Time http://www.mapinc.org/drugnews/v03.n262.a04.html

No 2nd Chances With Drug Crimes http://www.mapinc.org/drugnews/v03.n250.a11.html

It's The Law http://www.mapinc.org/drugnews/v03.n258.a02.html

Prison Means Marking Time for Family, Too http://www.mapinc.org/drugnews/v03.n263.a05.html

Paying the Price http://www.mapinc.org/drugnews/v03.n265.a04.html

Partners in Crime http://www.mapinc.org/drugnews/v03.n270.a03.html

Some Caught in Conspiracy Talk to Avoid Long Sentences http://www.mapinc.org/drugnews/v03.n271.a02.html

Montana Project Tells Students About Drug Penalites http://www.mapinc.org/drugnews/v03.n277.a02.html

Sometimes, State Charges Can Be a Wake-Up Call http://www.mapinc.org/drugnews/v03.n277.a03.html

Editorial: U.S. Law Snares State Drug Dealers http://www.mapinc.org/drugnews/v03.n277.a04.html