Understanding “Substantial Compliance” in Federal Drug Cases
Sentencing for drug possession as well as for drug trafficking and conspiracy in federal court carries mandatory minimum sentences of five or ten years, based on the type and quantity of the drug(s). There are only two ways in which a Federal Judge can sentence a defendant to less time than is required by the mandatory minimum. The first is where the defendant qualifies for the “safety valve” under 5C1.2 of the Federal Sentencing Guidelines. To learn more about the “safety valve,” please see my article entitled “The ‘Safety Valve’ in Federal Drug Cases.”