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At Erin Hyde, P.A., we’re committed to providing expert legal guidance with a personal touch. Whether you need advice or representation, we’re here to handle your legal needs with professionalism and care. Reach out today, and let’s take the first step toward resolving your case together.
Safety Valve 18 U.S.C. § 3553(f)
Safety Valve is one of two ways to break a minimum mandatory sentence in a federal drug case. The other is substantial assistance. In order to qualify for Safety Valve, the accused cannot: have more than 4 criminal history points; a prior 3-point offense; a prior 2-point violent offense; the use of violence or credible threats, nor the use of a firearm or dangerous weapon in the instant offense; and the accused was not an organizer/leader otherwise, he/she is disqualified from this rare saving grace. Having a lawyer with a history of successfully navigating federal sentencing is a critical for anyone who finds themselves facing one.
Federal Drug Crimes 21 U.S.C. § 841
Federal law provides: Minimum mandatory of 5 years to a maximum of 40 years for any person who possesses: 28g to 279g of a mixture containing crack; 10g to 99g of a mixture containing PCP; 1g to 9g of a mixture containing LSD; 40g to 399g of fentanyl; 100kg to 999kg of a mixture containing marijuana; 5g to 49g of a mixture containing methamphetamine.
Minimum mandatory of ten years to life in prison for any person who possesses: 1kg of a mixture containing heroin; 5kg of a mixture containing cocaine; 280g of a mixture containing crack; 100g of a mixture containing PCP; 10g of a mixture containing LSD; 400g of a mixture containing fentanyl; 1000kg of a mixture containing marijuana; and 50g of a mixture containing methamphetamine.
Conspiracy Crimes 21 U.S.C. § 846
Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense. The fundamental characteristic of a conspiracy is a joint commitment to achieve a common goal that, if completed, would satisfy all of the elements of the underlying substantive criminal offense. Although conspirators must pursue the same criminal objective, a conspirator need not agree to commit or facilitate each and every part of the substantive offense. A defendant must merely reach an agreement with the specific intent that the underlying crime be committed by some member of the conspiracy. The Government does not have to prove that the defendant intended to commit the underlying offense himself/herself. Instead, if conspirators have a plan which calls for some conspirators to perpetrate the crime and others to provide support, the supporters are as guilty as the perpetrators. Ocasio v. United States, 578 U.S. 282 (2016).
Armed Career Criminal and Career Offender
Armed Career Criminal imposes a minimum sentence of 15 years in prison for anyone with at least 3 previous violent felonies or serious drug offenses who illegally possesses a firearm. Career Offender provides a staggering sentencing enhancement for those charged with a crime of violence or controlled substance offense after two prior felony convictions for either of those crimes. Having a lawyer with command of the latest legal challenges for what qualifies for these enhancements is crucial. At Erin Hyde, P.A., we study and employ cutting edge arguments against application of these devastating sentencing guideline enhancements.