Sentencing Reform at the End of the 114th Congress

"On December 23, 2016, the House Judiciary Committee reported the Sentencing Reform Act of 2015 (H.R. 3713). The Senate Judiciary Committee had previously reported a corresponding proposal, as Title I of the Sentencing Reform and Corrections Act of 2015 (S. 2123). The 114th Congress ended before final differences could be resolved. The two bills would have adjusted sentencing provisions in the case of certain drug and firearms convictions. More specifically, they would have:

afforded federal courts the opportunity to avoid by way of “safety valves” certain mandatory minimum sentences when sentencing low-level, non-violent drug offenders;

modified the mandatory minimum sentences applicable to certain recidivist drug offenders; completed the task of making the Fair Sentencing Act (FSA) retroactive;

revised the mandatory minimum sentences for the possession of a firearm in furtherance of various drug or violent offenses;

reduced the Armed Career Criminal Act (ACCA) mandatory minimums, but increased the maximum sentence for unlawful firearm possession...".
Sentencing reform

Mandatory Minimum Sentencing: Federal Aggravated Identity Theft

"Aggravated identity theft is punishable by a mandatory minimum sentence of imprisonment for two years or by imprisonment for five years if it relates to a terrorism offense. At least thus far, the government has rarely prosecuted the five-year terrorism form of the offense. The two-year offense occurs when an individual knowingly possesses, uses, or transfers the means of identification of another person, without lawful authority to do so, during and in relation to one of more than 60 predicate federal felony offenses (18 U.S.C. 1028A). Section 1028A has the effect of establishing a mandatory minimum sentence for those predicate felony offenses, when they involve identity theft.

A sentencing court has the discretion not to “stack” or pancake multiple aggravated identity theft counts and, as with other mandatory minimums, may impose a sentence of less than the mandatory minimum at the request of the prosecution based on the defendant’s substantial assistance.

More than half of the judges responding to a United States Sentence Commission survey felt the two-year mandatory minimum penalty was generally appropriate. The Commission’s report on mandatory minimum sentencing statutes is mildly complimentary of the provision.."
Minimum sentencing