Federal Sentencing for Escambia County, Alabama Defendants

Facts

• Major Crimes Act jurisdiction (18 U.S.C. Section 1153) gives federal courts jurisdiction over many felonies committed by Native Americans in Indian country, including at Poarch Creek.
• I-65 traffic-stop cases regularly produce federal drug conspiracy charges when the quantity exceeds the state-referral threshold.
• Federal courts do not use parole. A defendant sentenced today serves the sentence imposed, less good time and earned time credits.
• Restitution is mandatory for many federal offenses under the Mandatory Victims Restitution Act, 18 U.S.C. Section 3663A.

Common Myths

• Myth: State drug charges automatically become federal if the quantity is high enough.

  Reality: There is no fixed rule. The U.S. Attorney's Office decides which cases to accept, and federal task force involvement is a stronger predictor than quantity alone.

• Myth: A federal defendant will be released early on parole.

  Reality: Federal parole was abolished by the Sentencing Reform Act of 1984 for offenses committed after November 1, 1987. Only good time and First Step Act credits reduce time served.

• Myth: Any prior conviction counts the same in criminal history.

  Reality: Convictions expire out of criminal history after 10 or 15 years depending on severity, and juvenile adjudications are counted differently under U.S.S.G. Section 4A1.2.

Figures That Matter