Kara Gotsch is the Director of Advocacy for the Faith in Action Criminal Justice Reform Working Group. If you are interested in learning more about the Smarter Sentencing Act, email her at email@example.com.
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Mandatory Minimums: How Long Does it Take to Learn Your Lesson?
Before selling illegal drugs, Dejarion Echols worked several years for a youth correctional agency and a psychiatric residential-treatment facility for teenagers. He decided to pursue a college education but couldn’t afford to be a full-time student. Desperate to make money, the unemployed, 23-year-old, engaged father of two sold crack cocaine for six months in 2004.
Any chance Dejarion had for a meaningful, productive life quickly ended. On a tip, police searched his home, found 44 grams of crack cocaine, $5,700, and an unloaded rifle. After pleading guilty, Dejarion received two mandatory 10-year sentences: one for the drugs, the other for the gun.
Dejarion admits he sold drugs. He denies the gun had been used in illegal-drug activity.
The presiding federal judge, Walter S. Smith, expressed frustration at having to impose such a sentence. “This is one of those situations where I’d like to see a congressman sitting before me,” he said, explaining that he was powerless to reduce it because of federal mandatory-minimum sentencing law.
Enacted by Congress decades ago, mandatory-minimum sentences have dramatically affected the federal criminal-justice system. Since 1980, the federal prison population has increased 800 percent , largely due to drug-related mandatory-minimum sentences. The federal system is the largest in the United States holding 217,000 prisoners, half of whom are incarcerated for a drug offense. Fewer than 8 percent of federal prisoners are incarcerated for a violent crime.