[AicapAifap] Mandatory Minimums

[Alliance of Incarcerated Canadians/Foreigners in American Prisons]

	Dear Aicap, 

	This past Tuesday, March 27, I was back at the Supreme Court to watch
and listen as the government and counsel for a federal prisoner put
their best arguments forward in Koons v. United States. The case
combines mandatory minimums, sentencing guidelines, retroactive drug
guidelines, and substantial assistance reductions all in one
complicated bundle.  

	At sentencing, Mr. Koons had received a departure from the mandatory
minimum for his drug crime because he had cooperated with the
government. Later, when lower drug guidelines were made retroactive,
he asked the court for a reduced sentence. 

	At Tuesday's hearing, the government argued that Koons is not
entitled to have a sentence reduced based on the lower guideline
range. The government believes that such prisoners had their sentence
reduced from the mandatory minimum, rather than the guideline. If
guidelines were not the basis for the original sentence, then the
court cannot reduce the sentence retroactively. 

	Mr. Koons' lawyer argued that once the sentencing judge grants the
government's substantial assistance motion, the mandatory minimum goes
away entirely — and the defendant is sentenced using the federal
sentencing guidelines. In that case, Mr. Koons would be eligible to
ask for a two-level reduction. 

	We think Mr. Koons has the better argument.  You can see for
yourself: read our amicus brief, which makes a strong case for
supporting his position. 

	Thank you for supporting our work. I will keep you updated on what
happens next. 

	Sincerely,
 Mary Price
General Counsel, FAMM                                                 
    
	FAMM is a nonprofit, nonpartisan organization fighting for smart
sentencing laws that protect public safety.1100 H Street NW | Suite
1000 | Washington, D.C. 20005  | (202) 822-6700
 FAMM © 2018 All rights reserved. 
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