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 Since adoption of the federal sentencing guidelines, the balance of power in federal criminal court has dramatically shifted in favor of the United States Attorney, who, effectively, can dictate the sentence that a defendant will receive through the methodology by which a defendant is charged. Not only is the specific charge vitally important, but the quantity of the controlled substance to which the defendant is held reasonably responsible is vitally important as well.
Additionally, after several recent rulings by the United States Supreme Court, it has become paramount to also know which aggravating issues are presented by the facts of each case that must be found by a jury before an enhanced sentence may be lawfully imposed.
While it is true that such considerations present themselves in all federal criminal matters, they seem to be especially present in drug violations where one’s role, knowledge of quantity and criminal history all substantially impact the sentence required by the guidelines.
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