What is a mandatory minimum sentence in the US?
A mandatory minimum is a sentence floor set by statute that a judge must impose regardless of the Sentencing Guidelines. They are most common in federal drug and firearm cases. When one applies, the court cannot go below it unless a specific relief mechanism, such as the safety valve, applies.
What is the federal safety valve?
The safety valve (18 U.S.C. 3553(f)) lets a judge sentence certain non-violent drug offenders below the mandatory minimum if they meet criteria including limited criminal history, no violence or weapon, no leadership role, and full disclosure to the government. The First Step Act (2018) expanded eligibility.
How does 18 U.S.C. 924(c) work?
Section 924(c) imposes a mandatory minimum that runs consecutively to any other sentence for using or carrying a firearm during a drug trafficking or violent crime: 5 years for carrying, 7 for brandishing, and 10 for discharging. These stack on top of the underlying offence, dramatically increasing exposure.
Can substantial assistance reduce a mandatory minimum?
Yes. If the prosecutor files a motion under USSG 5K1.1 (before sentencing) or Rule 35(b) (after sentencing) certifying that the defendant provided substantial assistance in investigating or prosecuting others, the court may impose a sentence below the mandatory minimum. Only the government can file this motion.