What are mandatory minimum sentences?

A mandatory minimum is the shortest sentence the law allows for a crime. Once a person is convicted of an offense that carries one, the judge cannot give less, whatever the circumstances.

The federal minimum for a drug death

In federal court, distributing a drug that results in death carries a sentence of at least 20 years and up to life in prison (21 U.S.C. § 841). The single most common sentence in the case database on this site is exactly 20 years.

Why it matters so much

Normally a federal judge weighs the whole person: the judge must consider “the history and characteristics of the defendant”, including things like addiction, background and the part the person played (18 U.S.C. § 3553). A mandatory minimum puts a floor under all of that. Those things can still count, but only above the minimum.

• The “safety valve” does not apply. Federal law lets some people with little criminal history be sentenced below a drug minimum. That exception is not available when the offense resulted in death (18 U.S.C. § 3553(f)).
• The main way below the minimum runs through the prosecution. A judge can go below the minimum if the government asks the court to recognize “substantial assistance” — usually help in investigating or prosecuting someone else (18 U.S.C. § 3553(e)). Only the government can make that request.
• Charging decisions come first. Because the prosecution decides what to charge, whether a case carries the 20-year minimum is often settled before a judge is involved — and it shapes every plea negotiation.

How much of a sentence is served

There is no parole in the federal system (U.S. Department of Justice). A person can earn up to 54 days of credit for each year of the sentence for good conduct (18 U.S.C. § 3624). For a 20-year sentence, that is about three years — so roughly 17 years served, if every day of credit is earned. A period of supervised release follows.

In state courts

States set their own sentences for drug deaths, and some have mandatory minimums of their own. Ask the lawyer what applies in your state.