841(c)(2) or (f)(1), or 960(d)(2), (d)(3), or (d)(4), decrease by 3 levels, unless the defendant knew or believed that the listed chemical was to be used to manufacture a controlled substance unlawfully. Schedule I or II Depressants; The adjustment in subsection (b)(1) should be applied if the weapon was present, unless it is improbable that the weapon was connected with the offense. Mar. (B) Definitions.For purposes of subsection (b)(1)(B): "Incompetent" means an individual who is incapable of taking care of the individual's self or property because of a mental or physical illness or disability, mental retardation, or senility. For example, subsection (b)(7) would apply to a defendant who operated a web site to promote the sale of Gamma-hydroxybutyric Acid (GHB) but would not apply to coconspirators who use an interactive computer service only to communicate with one another in furtherance of the offense. WebThis list includes all federal (not state) sentencing laws that require the judge to give the offender a mandatory minimum prison term. For you to find [defendant] guilty of this crime you must be convinced that the government has proven each of these things beyond a reasonable doubt: Amended effective November 1, 1991 (amendment 397); November1, 1992 (amendment 447). The latter category typically carries stiffer penalties upon conviction, compared to simple possession, as the goal is to punish and deter drug 860a or 865.Sections 860a and 865 of title 21, United States Code, require the imposition of a mandatory consecutive term of imprisonment of not more than 20 years and 15 years, respectively. Background: Offenses under 21 U.S.C. At least 30,000 KG but less than 90,000 KG of Converted Drug Weight. 2D2.3. According to a release from the U.S. Department of Justice, on May 2, 2022, law enforcement observed 30-year-old If as part of the enterprise the defendant sanctioned the use of violence, or if the number of persons managed by the defendant was extremely large, an upward departure may be warranted. 1ST. In contrast, a downward departure may be warranted in cases involving methylone, a substance of which a greater quantity is usually needed to produce an effect on the central nervous system similar to the effect produced by a typical synthetic cathinone. Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy. (A) Downward Departure Based on Drug Quantity in Certain Reverse Sting Operations.If, in a reverse sting (an operation in which a government agent sells or negotiates to sell a controlled substance to a defendant), the court finds that the government agent set a price for the controlled substance that was substantially below the market value of the controlled substance, thereby leading to the defendants purchase of a significantly greater quantity of the controlled substance than his available resources would have allowed him to purchase except for the artificially low price set by the government agent, a downward departure may be warranted. The statute, however, provides direction only for the more common controlled substances, i.e., heroin, cocaine, PCP, methamphetamine, fentanyl, LSD and marihuana. WebThis list includes all federal (not state) sentencing laws that require the judge to give the offender a mandatory minimum prison term. 848, certain conduct for which the defendant has previously been sentenced may be charged as part of the instant offense to establish a "continuing series of violations." 17. A woman has pleaded guilty in Amarillo Federal Court for one count of "Distribution and Possession With Intent to Distribute Methamphetamine" after she was charged in late August 2022. (7) If the defendant, or a person for whose conduct the defendant is accountable under 1B1.3 (Relevant Conduct), distributed a controlled substance through mass-marketing by means of an interactive computer service, increase by 2 levels. In determining the most closely related controlled substance, the court shall, to the extent practicable, consider the following: (A) Whether the controlled substance not referenced in this guideline has a chemical structure that is substantially similar to a controlled substance referenced in this guideline. at least 1.5 KG but less than 4.5 KG of "Ice"; delivery or possession with intent to deliver methamphetamine or a substance containing methamphetamine. A communication facility includes any public or private instrument used in the transmission of writing, signs, signals, pictures, and sound; e.g., telephone, wire, radio. Do not apply any adjustment from Chapter Three, Part B (Role in the Offense). 960(b)(1), (b)(2), or (b)(3), and the offense of conviction establishes that death or serious bodily injury resulted from the use of the substance and that the defendant committed the offense after one or more prior convictions for a similar offense; or, (2) 38, if the defendant is convicted under 21 U.S.C. The typical case addressed by this guideline involves small-scale trafficking in drug paraphernalia (generally from a retail establishment that also sells items that are not unlawful). Penalties for these charges can range from one year in prison to no more than 50 years, depending on the quantity found. In the case of a mixture or substance containing PCP, amphetamine, or methamphetamine, use the offense level determined by the entire weight of the mixture or substance, or the offense level determined by the weight of the PCP (actual), amphetamine (actual), or methamphetamine (actual), whichever is greater. 3553(f) provides an exception to the applicability of mandatory minimum sentences in certain cases. 9603(b), and 49 U.S.C. Cases Involving Mandatory Minimum Penalties.Where a mandatory (statutory) minimum sentence applies, this mandatory minimum sentence may be waived and a lower sentence imposed (including a downward departure), as provided in 28 U.S.C. The PCP converts to 70 kilograms of converted drug weight; the LSD converts to 25 kilograms of converted drug weight. The total, 1.125 kilograms of converted drug weight, has an offense level of 8 in the Drug Quantity Table. Nonetheless, there may be cases in which the substance involved in the offense is a synthetic cannabinoid not combined with any other substance. (21 U.S.C. Amended effective October 15, 1988 (amendment 66); November1, 1989 (amendment 139); November 1, 1992 (amendment 447). The converted drug weight for the Schedule III substance is 76kilograms (below the cap of 79.99 kilograms of converted drug weight set forth as the maximum converted weight for Schedule III substances). (A) Hazardous or Toxic Substances (Subsection (b)(14)(A)).Subsection (b)(14)(A) applies if the conduct for which the defendant is accountable under 1B1.3 (Relevant Conduct) involved any discharge, emission, release, transportation, treatment, storage, or disposal violation covered by the Resource Conservation and Recovery Act, 42 U.S.C. Regulatory Offenses Involving Registration Numbers; Unlawful Advertising Relating to Scheduled Substances; Attempt or Conspiracy. 845), 860 (formerly 21 U.S.C. Each year, the Commission reviews and refines these policies in light of congressional action, decisions from courts of appeals, sentencing-related research, and input from the criminal justice community. As a result, the punishment can be harsher if the defendant pleads or is found guilty, particularly if the defendant was involved in gang activity or organized crime. 2D1.13. 1308.11(d)(31)), (ii) at least two of the following: cannabinol, cannabidiol, or cannabichromene, and (iii) is essentially free of plant material (e.g., plant fragments). The base offense levels in 2D1.1 are either provided directly by the Anti-Drug Abuse Act of 1986 or are proportional to the levels established by statute, and apply to all unlawful trafficking. (1) If a dangerous weapon (including a firearm) was possessed, increase by 2 levels. The Court noted that before 2010, there were three crack offenses relevant to the case here. (a) Base Offense Level (Apply the greatest): (1) 2 plus the offense level from 2D1.1 applicable to the quantity of controlled substances directly involving a protected location or an underage or pregnant individual; or, (2) 1 plus the offense level from 2D1.1 applicable to the total quantity of controlled substances involved in the offense; or, (3) 26, if the offense involved a person less than eighteen years of age; or. Historical Note:Effective November 1, 1987. The enhancement for weapon possession in subsection (b)(1) reflects the increased danger of violence when drug traffickers possess weapons. The Drug Conversion Tables set forth in Application Note 8 were previously called the Drug Equivalency Tables. 21a-277 (a) and (b) 8.1-2 Sale or Possession with Intent to Sell a Controlled Substance by a Non-Drug-Dependent Person -- Sec. Finally, subsection (a)(2) does not apply if the defendant had previously allowed any premises to be used as a drug establishment without regard to whether such prior misconduct resulted in a conviction. If the resulting offense level is less than level 14, increase to level 14. 1308.1315 is the appropriate classification. For additional statutory provision(s), see Appendix A (Statutory Index). Tables for making the necessary conversions are provided below. Furthermore, subsection (a)(2) does not apply unless the defendant initially leased, rented, purchased, or otherwise acquired a possessory interest in the premises for a legitimate purpose. Web966. (1) If (A) subsection (d)(2) does not apply; and (B) the defendant committed, or attempted to commit, a sexual offense against another individual by distributing, with or without that individual's knowledge, a controlled substance to that individual, an adjustment under 3A1.1(b)(1) shall apply. Web(c) A person commits the crime of unlawful possession with intent to distribute a controlled substance if, except as otherwise authorized by law, he or she knowingly possesses any of the following quantities of a controlled substance: (1) More than eight grams, but less than 28 grams, of cocaine or of any mixture containing cocaine. 2. Amended effective January 15, 1988 (amendment 25); November 1, 1989 (amendment 141). Statutory Provisions: 21 U.S.C. 841(a), (b)(1)-(3), (7), (g), 860a, 865, 960(a), (b); 49 U.S.C. 5124 (relating to violations of laws and regulations enforced by the Department of Transportation with respect to the transportation of hazardous material). In each case, convert each of the drugs to its converted drug weight, add the quantities, and look up the total in the Drug Quantity Table to obtain the combined offense level. A woman has pleaded guilty in Amarillo Federal Court for one count of "Distribution and Possession With Intent to Distribute Methamphetamine" after she 1308.1315 even though they contain a small amount of a Schedule I or II controlled substance. At least 10 KG but less than 30 KG of Heroin; At least 3 KG but less than 10 KG of Heroin; At least 1 KG but less than 3 KG of Heroin; At least 700 G but less than 1 KG of Heroin; At least 400 G but less than 700 G of Heroin; At least 100 G but less than 400 G of Heroin; At least 80 G but less than 100 G of Heroin; At least 60 G but less than 80 G of Heroin; At least 40 G but less than 60 G of Heroin; At least 20 G but less than 40 G of Heroin; At least 10 G but less than 20 G of Heroin; At least 2.5 KG but less than 5 KG of Marihuana; At least 1 KG but less than 2.5 KG of Marihuana; 1 gm of 1-Methyl-4-phenyl-4-propionoxypiperidine/MPPP =, 1 gm of 1-(2-Phenylethyl)-4-phenyl-4-acetyloxypiperidine/PEPAP =, 1 gm of Fentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] Propanamide) =, 1 gm of Hydromorphone/Dihydromorphinone =, 1 gm of Dextropropoxyphene/Propoxyphene-Bulk =, 1 gm of Mixed Alkaloids of Opium/Papaveretum =, 1 gm of Levo-alpha-acetylmethadol (LAAM) =, COCAINE AND OTHER SCHEDULE I AND II STIMULANTS (AND THEIR IMMEDIATE PRECURSORS)*, 1 gm Phenylacetone/P2P (when possessed for the purpose of manufacturing methamphetamine) =, 1 gm Phenylacetone/P2P (in any other case) =, SYNTHETIC CATHINONES (EXCEPT SCHEDULE III, IV, AND V SUBSTANCES)*, 1 gm of a synthetic cathinone (except a Schedule III, IV, or V substance) =, LSD, PCP, AND OTHER SCHEDULE I AND II HALLUCINOGENS (AND THEIR IMMEDIATE PRECURSORS)*, 1 gm of D-Lysergic Acid Diethylamide/Lysergide/LSD =, 1 gm of Mushrooms containing Psilocin and/or Psilocybin (Dry) =, 1 gm of Mushrooms containing Psilocin and/or Psilocybin (Wet) =, 1 gm of Phencyclidine (actual) /PCP (actual) =, 1 gm of Pyrrolidine Analog of Phencyclidine/PHP =, 1 gm of Thiophene Analog of Phencyclidine/TCP =, 1 gm of 4-Bromo-2,5-Dimethoxyamphetamine/DOB =, 1 gm of 2,5-Dimethoxy-4-methylamphetamine/DOM =, 1 gm of 3,4-Methylenedioxyamphetamine/MDA =, 1 gm of 3,4-Methylenedioxymethamphetamine/MDMA =, 1 gm of 3,4-Methylenedioxy-N-ethylamphetamine/MDEA =, 1 gm of 1-Piperidinocyclohexanecarbonitrile/PCC =, 1 gm of N-ethyl-1-phenylcyclohexylamine (PCE) =, 1 gm of Marihuana/Cannabis, granulated, powdered, etc. 1301 0 obj <>/Filter/FlateDecode/ID[<920A2081708B9645B2A500340489C3A8><5A7631C25D8D5249840661A221DD7AA6>]/Index[1285 30]/Info 1284 0 R/Length 89/Prev 661302/Root 1286 0 R/Size 1315/Type/XRef/W[1 3 1]>>stream 2D1.7. 853(q) (mandatory restitution for cleanup costs relating to the manufacture of amphetamine and methamphetamine). 960(b)(5), and the offense of conviction establishes that death or serious bodily injury resulted from the use of the substance and that the defendant committed the offense after one or more prior convictions for a similar offense; or, (4) 26, if the defendant is convicted under 21 U.S.C. Historical Note: Section 2D3.3 (Illegal Use of Registration Number to Distribute or Dispense a Controlled Substance to Another Registrant or Authorized Person; Attempt or Conspiracy), effective November 1, 1987, amended effective November 1, 1991 (amendment 421) and November 1, 1992 (amendment 447), was deleted by consolidation with 2D3.2 effective November1, 1993 (amendment 481). WebThis video covers federal sentencing on federal drug cases that involve mandatory minimum sentences. Application of Subsection (b)(8).For purposes of subsection (b)(8), masking agent means a substance that, when taken before, after, or in conjunction with an anabolic steroid, prevents the detection of the anabolic steroid in an individuals body. 865, increase by 2 levels. 55. The offense levels assume that the offense involved the operation of a common carrier carrying a number of passengers, e.g., a bus. "Interactive computer service", for purposes of subsection (b)(3) and this note, has the meaning given that term in section 230(e)(2) of the Communications Act of 1934 (47 U.S.C. 4. Under federal law, in order to be convicted of possession with intent to distribute, all three of the following legal elements must be satisfied: Illegal drug See Application Note 8. (1) If a victim was killed under circumstances that would constitute murder under 18 U.S.C. See also United States v. Hernandez, 476 F.3d 791, 798-800 (9th Cir. Background: This section covers the offense of assembling, placing, or causing to be placed, or maintaining a "booby-trap" on federal property where a controlled substance is being manufactured or distributed. WebUnlawful distribution, possession with intent to distribute, manufacture, importation and exportation, etc. (D)If the offense (i) involved the manufacture of amphetamine or methamphetamine; and (ii) created a substantial risk of harm to the life of a minor or an incompetent, increase by 6 levels. Unless otherwise specified, analogue, for purposes of this guideline, has the meaning given the term controlled substance analogue in 21 U.S.C. I cover safety valve in great detail for your benefit. Determining Drug Types and Drug Quantities.Types and quantities of drugs not specified in the count of conviction may be considered in determining the offense level. Example: The defendant was in possession of five kilograms of ephedrine and 300 grams of hydriodic acid. 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