Supreme Court's Apprendi Ruling Results in More Sentence Reductions, Ramifications Still Uncertain, Could Affect Thousands 9/15/00

Drug War Chronicle, recent top items

more...

recent blog posts "In the Trenches" activist feed

SUBSCRIBE TODAY!!!

The Supreme Court's little-noticed June 26th ruling in Apprendi v. New Jersey looms larger and larger by the week, and it is throwing an ever-deepening shadow over current federal sentencing structures.

As DRCNet previously reported, in the Apprendi case the Supreme Court struck down a hate-crime sentence enhanced beyond the statutory maximum by factors weighed by a judge instead of proven by a jury (http://www.drcnet.org/wol/147.html#fedstremble). But the decision's real impact is being felt in federal drug cases, where judges have traditionally enhanced sentences based on the amount of drugs in question.

In brief, Apprendi said any sentencing enhancements beyond the statutory maximum for a given crime must be proven before a jury. The federal courts have traditionally relied on juries to find defendants guilty of a drug offense, but then sentenced defendants based on drug amounts asserted by the prosecution but not weighed by the jury.

Apprendi has thrown this scheme into doubt. The Supreme Court has sent one case back to the 10th US Circuit Court of Appeals (the eastern Rockies and far Midwest) for reconsideration in light of Apprendi, and judges in the 3rd District US Court of Appeals (mid-Atlantic area) are already handing out lighter sentences in the wake of the decision. The 6th US Circuit Court of Appeals has already thrown out an enhanced sentence.

Even the Justice Department now concedes that Apprendi applies to sentencing calculations based on drug quantities, a spokesman told the San Francisco Examiner.

This week, the 9th US Circuit Court of Appeals, covering California and eight other Western states, joined the stampede. The court overturned marijuana grower Kayle Nordby's 10-year minimum sentence, holding that he was only eligible for a maximum of five years. In the Nordby case, the sentencing judge enhanced his sentence by finding that he was responsible for more than 1000 plants, a fact not proven by a jury.

The Nordby decision is binding throughout the 9th Circuit, but so far applies only to those defendants appealing their convictions and those who are yet to go to trial. Whether Apprendi will apply retroactively to those prisoners who wish to reopen their cases remains unsettled and will probably require another Supreme Court ruling. If Apprendi can be applied retroactively, it has the potential to affect nearly half a million federal drug cases filed since 1989.

Not all courts are interpreting Apprendi as the 6th and 9th Circuits have. University of Southern California law professor Erwin Chemerinsky told the Examiner that some 36 federal and state court decisions have grappled with Apprendi as of the end of August. In many of those decisions, said Chemerinsky, courts have ruled that violations of Apprendi were only "harmless error," usually because defendants had admitted the elements of the crime.

Still, the 9th Circuit's Nordby decision is already having an impact. Prosecutors in Sacramento this Friday will ask a judge to sentence defendant Javier Mora to a lesser sentence "in light of Apprendi." And federal drug prosecutors are now beginning to include drug quantities in indictments and will present them to be proven before juries.

Intentionally or not, the Supreme Court appears to have embarked on a course that could well result in the demolition of current federal sentencing structures and the reduction of sentences for tens of thousands of drug war prisoners.

-- END --
Link to Drug War Facts
Please make a generous donation to support Drug War Chronicle in 2007!          

PERMISSION to reprint or redistribute any or all of the contents of Drug War Chronicle (formerly The Week Online with DRCNet is hereby granted. We ask that any use of these materials include proper credit and, where appropriate, a link to one or more of our web sites. If your publication customarily pays for publication, DRCNet requests checks payable to the organization. If your publication does not pay for materials, you are free to use the materials gratis. In all cases, we request notification for our records, including physical copies where material has appeared in print. Contact: StoptheDrugWar.org: the Drug Reform Coordination Network, P.O. Box 18402, Washington, DC 20036, (202) 293-8340 (voice), (202) 293-8344 (fax), e-mail [email protected]. Thank you.

Articles of a purely educational nature in Drug War Chronicle appear courtesy of the DRCNet Foundation, unless otherwise noted.

Issue #151, 9/15/00 California Medical Marijuana: One Step Forward, One Step Back in Federal Courts | Supreme Court's Apprendi Ruling Results in More Sentence Reductions, Ramifications Still Uncertain, Could Affect Thousands | Colombia: For Clinton, Drug War Trumps Human Rights, Light at End of Tunnel Recedes Even as War Effort Gets Underway | South Dakota: Drug War Cowboys Raid Reservation Hemp Fields, Medical Marijuana Bill Emerges | San Diego City Council Moves Toward City-Sanctioned Needle Exchange Program | Nader Calls for Marijuana Legalization, "Harm Reduction" for Other Drugs | McCaffrey and His Mendacious Minions: At It Again | Drug Czar Wants to 'Check' Chess Players For Drug Use | Drug Policy Grant Program | Event Calendar | Editorial: Hemp Lunacy

This issue -- main page
This issue -- single-file printer version
Drug War Chronicle -- main page
Chronicle archives
Out from the Shadows HEA Drug Provision Drug War Chronicle Perry Fund DRCNet en Español Speakeasy Blogs About Us Home
Why Legalization? NJ Racial Profiling Archive Subscribe Donate DRCNet em Português Latest News Drug Library Search
special friends links: SSDP - Flex Your Rights - IAL - Drug War Facts

StoptheDrugWar.org: the Drug Reform Coordination Network (DRCNet)
1623 Connecticut Ave., NW, 3rd Floor, Washington DC 20009 Phone (202) 293-8340 Fax (202) 293-8344 [email protected]