Injustice Spawned by the 851 Federal Repeat Drug Offender Enhancement
Despite recent changes in the Federal Sentencing Guidelines and new policies regarding drug sentencing issued by the Department of Justice, sentences in federal drug case remain draconian.
Section 841 of Title 18, United States Code, sets forth the minimum and maximum penalties for federal drug offenses. Its sister section, 851, spells out the procedures federal prosecutors must follow to secure enhanced sentencing based on prior convictions. Basically, 851 enhancements lead to increased ranges of punishment of either 20 years to life or life in prison for repeat drug offenders.
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