What are the federal sentencing guidelines for drug trafficking and what is the possible sentence if found guilty?

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Question:

My husband is being charged with drug trafficking in federal court.  What are the federal criminal sentencing guidelines for drug trafficking and what kind of sentence is he looking at receiving if found guilty?

Answer: (1)

The federal prison sentencing guidelines vary depending on what drug your husband is being charged with trafficking and the amount he had in his possession.  For example, carrying any amount of certain drugs will carry a suggested 20 year sentence, while carrying only a small amount of Xanex or other Schedule IV drug carries fewer than three years.  However, on January 12, 2005, the Supreme Court held that mandatory federal court sentencing guidelines are a violation of the Sixth Amendment right to a trial by jury.  This means your husband will not have a “mandatory” sentence if found guilty; instead, the federal guidelines are only advisory in nature.  Therefore, the judge or jury will have the option to stray from the federal rules regarding sentencing, as long as they adhere to certain requirements.

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