Some Observations on the Mandatory Minimum Sentencing Provisions of S. 2123, The Sentencing Reform and Corrections Act of 2015

Abstract

This Article analyzes and critiques several provisions of S. 2123, the Sentencing Reform and Corrections Act of 2015, relating to modifications of existing mandatory minimum sentence statutes. In particular, the Article addresses the creation of a so-called second safety valve for persons now subject to mandatory minimum sentences for drug trafficking offenses, as well as proposed revisions to the Armed Career Criminal Act, 18 U.S.C. 922(g). The Article is drawn from comments provided to Senate staff by the author.

Keywords: sentencing, criminal sentencing, federal criminal sentencing, mandatory minimum sentences, federal mandatory minimum sentences, ACCA, Armed Career Criminal Act, Sentencing Reform and Corrections Act, S. 2123, safety valve, second safety valve

JEL Classification: K1, K14, K42