with the intent to distribute more than five kilograms of cocaine is subject to a mandatory minimum 
sentence of ten years in prison. See, 21 U.S.C.A. §841 (b) (1)(A). 
In our attempts to limit judicial discretion, we may have perhaps gone too far. Judges must impose 
mandatory minimum sentences regardless of any compelling mitigating facts that warrant a lesser sentence, 
even when victims fervently request leniency for the defendant. Sentencing discretion resting with a 
neutral judge has been replaced by charging discretion resting with the prosecutor. Prosecutors, in filing 
certain charges, can now compel negotiated pleas, and they now hold most of the cards. Also, mandatory 
minimum sentencing has resulted in the over-incarceration of non-violent offenders.  On December 18, 
2018, a bi-partisan bill for criminal justice reform called the First Step Act passed the U.S. Senate with an 
87-12 vote. The bill seeks to reverse some of the effects of overly harsh sentences for non-violent drug 
offenders. 
Link to Video on the above link showing the Senate Vote on the First Step Act on December 
18th2018 
https://d2hpjte286tc4h.cloudfront.net/wp-raycom/(Source_%20Senate%20TV/
Twitter/@realDonaldTrump/KCAL/KCBS/CNN/Pool)/2018/12/19/5c1a0dfbe4b0dcad7654b1db/
t_cc7087e930cd408498ddba6821c2a690_name_BHDN_PY_02WE_SENATE_PASSES_CRIMINAL_JU
STICE_REFORM_BILL__4AME_CNNA_ST1_1000000004ee5b22_120_2/file_640x360-600-v3.mp4 
http://HTTPS://WWW.REGISTER-HERALD.COM/CNHI_NETWORK/IN-BIPARTISAN-ACT-
SENATE-PASSES-CRIMINAL-JUSTICE-REFORM-BILL-WITH/
VIDEO_115833EC-71D2-5FC3-89BA-980428D75367.HTML 
Other Mandatory Sentences–Penalty Enhancements 
Legislatures have also exercised their authority over sentencing by passing laws that enhance criminal 
penalties for crimes against certain victims, for crimes done with weapons, or for hate crimes. For example, 
Congress passed the Violent Crime Control and Law Enforcement Act of 1994 that included several 
provisions for enhanced penalties for drug trafficking in prisons and drug-free zones and illegal drug use in 
federal prisons. States have passed gun enhancements and hate crime enhancements. See, e.g., ORS 161.610 
(authorizing enhanced penalties for the use of a firearm during the commission of a felony); Wisconsin v. 
Mitchell, 508 U.S. 486 (1993) (authorizing enhanced penalties for hate crimes). 
Concurrent and Consecutive Sentences 
Frequently, judges sentence defendants for multiple crimes and multiple cases at the same sentencing 
hearing. Judges have the option of running terms of incarceration either concurrently (at the same time) 
or consecutively (back-to-back). States vary as to whether the default approach on multiple sentences is 
ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL
SANCHEZ
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