863 (formerly 21 U.S.C. 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. (2) If the defendant is convicted of violating 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). 841(b)(1)(A), (b)(1)(B), or (b)(1)(C), or 21 U.S.C. 1. (21 U.S.C. For an anabolic steroid that is not in a pill, capsule, tablet, or liquid form (e.g., patch, topical cream, aerosol), the court shall determine the base offense level using a reasonable estimate of the quantity of anabolic steroid involved in the offense. In a case in which the defendant possessed or distributed the listed chemical without such knowledge or belief, a 3-level reduction is provided to reflect that the defendant is less culpable than one who possessed or distributed listed chemicals knowing or believing that they would be used to manufacture a controlled substance unlawfully. The latter category typically carries stiffer penalties upon conviction, compared to simple possession, as the goal is to punish and deter drug dealers. Do not apply any adjustment from Chapter Three, Part B (Role in the Offense). Web8.1-1 Sale or Possession with Intent to Sell a Controlled Substance -- Sec. Application of Subsection (b)(16).. 2. Application of Subsection (b)(3).Subsection (b)(3) 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. Statutory Provision: 21 U.S.C. "Offense involved unlawfully manufacturing a controlled substance or attempting to manufacture a controlled substance unlawfully," as used in subsection (c)(1), means that the defendant, or a person for whose conduct the defendant is accountable under 1B1.3 (Relevant Conduct), completed the actions sufficient to constitute the offense of unlawfully manufacturing a controlled substance or attempting to manufacture a controlled substance unlawfully. hbbd```b``uA$2r "80d6#HT M^WbOo]#| (A) Distributing to a Specified Individual or Involving Such an Individual in the Offense (Subsection (b)(16)(B)).If the defendant distributes a controlled substance to an individual or involves an individual in the offense, as specified in subsection (b)(16)(B), the individual is not a vulnerable victim for purposes of 3A1.1(b). Amended effective January 15, 1988 (amendment 24); November 1, 1989 (amendment 304); November 1, 1990 (amendment 321); November1, 1992 (amendment 447); September 23, 1994 (amendment 509); November 1, 1995 (amendment 514); November 1, 1997 (amendments 556 and 558); November 1, 2010 (amendments 746 and 748); November 1, 2011 (amendment 750). 12. I cover safety valve in great detail for your benefit. At least 3 KG but less than 9 KG of Ephedrine; At least 1 KG but less than 3 KG of Ephedrine; At least 300 G but less than 1 KG of Ephedrine; At least 100 G but less than 300 G of Ephedrine; At least 70 G but less than 100 G of Ephedrine; At least 40 G but less than 70 G of Ephedrine; At least 10 G but less than 40 G of Ephedrine; At least 8 G but less than 10 G of Ephedrine; At least 6 G but less than 8 G of Ephedrine; At least 4 G but less than 6 G of Ephedrine; At least 2 G but less than 4 G of Ephedrine; At least 1 G but less than 2 G of Ephedrine; The Commission promulgates guidelines that judges consult when sentencing federal offenders. 843(b). WebThis video covers federal sentencing on federal drug cases that involve mandatory minimum sentences. 853(q) (mandatory restitution for cleanup costs relating to the manufacture of amphetamine and methamphetamine). Unless otherwise specified, analogue, for purposes of this guideline, has the meaning given the term controlled substance analogue in 21 U.S.C. The last sentence of subsection (a)(5) implements the directive to the Commission in section 7(1) of Public Law 111220. UNLAWFUL MANUFACTURING, IMPORTING, EXPORTING, TRAFFICKING, OR POSSESSION; CONTINUING CRIMINAL ENTERPRISE, 2D1.1. 9603(b), and 49 U.S.C. (4) If the offense involved stealing anhydrous ammonia or transporting stolen anhydrous ammonia, increase by 6 levels. PAUL A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine after law enforcement seized a pound of If the resulting offense level is less than level 30, increase to level 30. 2D1.9. 1. Mar. (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. In such cases, an upward departure may be warranted. 841(b)(1)(E) or 21 U.S.C. The total, 1.125 kilograms of converted drug weight, has an offense level of 8 in the Drug Quantity Table. (1) If the offense involved unlawfully manufacturing a controlled substance, or attempting to manufacture a controlled substance unlawfully, apply 2D1.1 (Unlawful Manufacturing, Importing, Exporting, Trafficking) if the resulting offense level is greater than that determined above. Historical Note: Effective November 1, 1987. In this section, you will find resources to assist you in understanding and applying the federal sentencing guidelines. 865 would achieve the "total punishment" in a manner that satisfies the statutory requirement of a consecutive sentence. Possession with intent to distribute harder drugs like methamphetamines, heroin, cocaine, PCP, LSD, Fentanyl, or concentrated THC is a Class II felony. (a) Base Offense Level (Apply the greater): (1) 3 plus the offense level from the Drug Quantity Table in 2D1.1; or. at least 3 KG but less than 9 KG of PCP (actual); "Interactive computer service", for purposes of subsection (b)(4) and this note, has the meaning given that term in section 230(e)(2) of the Communications Act of 1934 (47 U.S.C. Endangering Human Life While Illegally Manufacturing a Controlled Substance; Attempt or Conspiracy. 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. 2D1.8. At least 300 G but less than 900 G of LSD; Subsection (b)(2) implements the directive to the Commission in section 5 of Public Law111220. 3. (a) Base Offense Level (Apply the greatest): (1) 43, if the defendant is convicted under 21 U.S.C. In some cases, the enhancement under subsection (b)(14)(A) may not account adequately for the seriousness of the environmental harm or other threat to public health or safety (including the health or safety of law enforcement and cleanup personnel). 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. WebAny person who violates section 841 (a) (1) of this title or section 856 of this title by distributing, possessing with intent to distribute, or manufacturing a controlled substance in or on, or within one thousand feet of, the real property comprising a public or private elementary, vocational, or secondary school or a public or private college, Under this format, a dealer charged with trafficking 400 grams of powder, worth According to court documents, (13) If the defendant knowingly misrepresented or knowingly marketed as another substance a mixture or substance containing fentanyl(N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide) or a fentanyl analogue, increase by 4 levels. In 1991, the Commission amended the Drug Equivalency Tables to provide for one substance, marihuana, as the single conversion factor in 2D1.1. Subsection (b)(16) implements the directive to the Commission in section 6(3) of Public Law 111220. The statutory penalties for distribution of more than 5 grams of methamphetamine and possession of methamphetamine with intent to distribute more than five grams of methamphetamine are not less than five years in prison and up to 40 years in prison, at least 4 years of supervised release, and up to a $5,000,000 fine. Statutory Provisions: 21 U.S.C. PAUL, Minn. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine, announced United States Attorney Andrew M. Luger. Additionally, any costs of environmental cleanup and harm to persons or property should be considered by the court in determining the amount of restitution under 5E1.1 (Restitution) and in fashioning appropriate conditions of supervision under 5B1.3 (Conditions of Probation) and 5D1.3 (Conditions of Supervised Release). (4) If the object of the offense was the distribution of a controlled substance in a prison, correctional facility, or detention facility, increase by 2 levels. Web(1) Upon conviction of Paragraph (B)(4) or (C)(4) of this Section, possession with intent to distribute fentanyl or carfentanil or possession of fentanyl or carfentanil, the court may suspend any sentence which it imposes and place the defendant on probation pursuant to Article 893 of the Code of Criminal Procedure. In this case, the base offense level would be level 36. In order to comply with the relevant statute, the court should determine the appropriate "total punishment" and, on the judgment form, divide the sentence between the sentence attributable to the underlying drug offense and the sentence attributable to 21 U.S.C. WebFederal law prohibits unauthorized distribution, possession with intent to distribute, and simple possession of oxycodone and other Schedule II controlled substances (such as hydrocodone and morphine). Subsection (b)(3) is derived from Section 6453 of the Anti-Drug Abuse Act of 1988. Historical Note: Effective November 1, 1987. (11) If the defendant bribed, or attempted to bribe, a law enforcement officer to facilitate the commission of the offense, increase by 2 levels. The U.S. 1. In the case of a controlled substance that is not specifically referenced in this guideline, determine the base offense level using the converted drug weight of the most closely related controlled substance referenced in this guideline. Any reference to cocaine includes ecgonine and coca leaves, except extracts of coca leaves from which cocaine and ecgonine have been removed. (3) If the offense involved (A) an unlawful discharge, emission, or release into the environment of a hazardous or toxic substance; or (B) the unlawful transportation, treatment, storage, or disposal of a hazardous waste, increase by 2 levels. 46317(b). For additional statutory provision(s), see Appendix A (Statutory Index). If the resulting offense level is less than level 27, increase to level 27. Brown was indicted by a federal grand jury on May 17, 2022. In making a reasonable estimate, the court shall consider that each 25 milligrams of an anabolic steroid is one unit. WebPossession with Intent to Distribute is a more serious version of Possession of a Controlled Substance. For example, the enhancement would not be applied if the defendant, arrested at the defendants residence, had an unloaded hunting rifle in the closet. According to the defendants guilty plea and court documents, on May 2, 2022, law enforcement observed Levi Adams Westbrook, 30, meet with a suspected drug trafficker 20. Except as authorized by this Part, it shall be Statutory Provisions: 21 U.S.C. Regulatory Offenses Involving Controlled Substances or Listed Chemicals; Attempt or Conspiracy. Subsection (b)(14)(A) implements the instruction to the Commission in section 303 of Public Law103237. The Drug Conversion Tables set forth in Application Note 8 were previously called the Drug Equivalency Tables. At least 30 KG but less than 90 KG of Heroin; 230(f)(2)). Background: Mandatory (statutory) minimum penalties for several categories of cases, ranging from fifteen days' to three years' imprisonment, are set forth in 21 U.S.C. In addition, 18 U.S.C. Synthetic cannabinoid, for purposes of this guideline, means any synthetic substance (other than synthetic tetrahydrocannabinol) that binds to and activates type 1 cannabinoid receptors (CB1 receptors). Any person who violates this subsection (b) shall be guilty of a Class 3 felony, WebThis list includes all federal (not state) sentencing laws that require the judge to give the offender a mandatory minimum prison term. Amended effective November 1, 1992 (amendment 447); December 16, 2000 (amendment 608); November 1, 2001 (amendment 620). Statutory Provisions: 21 U.S.C. Since controlled substances are often diluted and combined with other substances as they pass down the chain of distribution, the fact that a defendant is in possession of unusually pure narcotics may indicate a prominent role in the criminal enterprise and proximity to the source of the drugs. The offense level for methylamine is determined by using 2D1.11. A grand jury indicted McDowell on one count of distribution of fentanyl resulting in death in December 2021. 2. Application of Subsection (b)(1)."Firearm" and "dangerous weapon" are defined in the Commentary to 1B1.1 (Application Instructions). Without the cap, the combined converted weight would have been 88.48 (76 + 9.99 + 2.49) kilograms. For marihuana plants, the Commission has adopted an equivalency of 100 grams per plant, or the actual weight of the usable marihuana, whichever is greater. A woman has pleaded guilty in Amarillo Federal Court for one count of "Distribution and Possession With Intent to Distribute Methamphetamine" after she 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. 2. An adjustment from Chapter Three, Part B is not authorized because the offense level of this guideline already reflects an adjustment for role in the offense. Title 21 U.S.C. At least 3 KG but less than 9 KG of a Fentanyl Analogue; Sec. (C) In a case involving ephedrine, pseudoephedrine, or phenylpropanolamine tablets, use the weight of the ephedrine, pseudoephedrine, or phenylpropanolamine contained in the tablets, not the weight of the entire tablets, in calculating the base offense level. 25. (iv) The defendant is convicted of selling 76,000 units of a Schedule III substance, 200,000units of a Schedule IV substance, and 600,000 units of a Schedule V substance. (ii) Find the corresponding converted drug weight in the Drug Quantity Table. Multiple Transactions or Multiple Drug Types.Where there are multiple transactions or multiple drug types, the quantities of drugs are to be added. (a) Base Offense Level (Apply the greater): (1) 4 plus the offense level from 2D1.1 applicable to the underlying offense; or. Such offenses interfere with the ability of others to safely access and use the area and also pose or risk a range of other harms, such as harms to the environment. According to a release from the U.S. Department of Justice, on May 2, 2022, law enforcement observed 30-year-old (IV) The location of the laboratory (e.g., whether the laboratory is located in a residential neighborhood or a remote area), and the number of human lives placed at substantial risk of harm. 2D1.5. The base offense level for each chemical is calculated separately and the chemical with the higher base offense level is used. (A) Factors to Consider.In determining, for purposes of subsection (b)(1)(B), whether the offense created a substantial risk of harm to the life of a minor or an incompetent, the court shall include consideration of the following factors: (i) The quantity of any chemicals or hazardous or toxic substances found at the laboratory, and the manner in which the chemicals or substances were stored. 1. Manufacture; distribution. As explained on my Possession page, having any amount of 6928(d), the Federal Water Pollution Control Act, 33 U.S.C. Under the grouping rules of 3D1.2(b), the counts will be grouped together. (i) Factors to Consider.In determining, for purposes of subsection (b)(14)(C)(ii) or(D), whether the offense created a substantial risk of harm to human life or the environment, the court shall include consideration of the following factors: (I) The quantity of any chemicals or hazardous or toxic substances found at the laboratory, and the manner in which the chemicals or substances were stored. 1308.11(d)(31)), (ii) at least two of the following: cannabinol, cannabidiol, or cannabichromene, and (iii) fragments of plant material (such as cystolith fibers). Application of Subsection (e)(1).. (2) If the defendant used violence, made a credible threat to use violence, or directed the use of violence, increase by 2 levels. In some cases, the enhancement under subsection (b)(3) may not adequately account for the seriousness of the environmental harm or other threat to public health or safety (including the health or safety of law enforcement and cleanup personnel). 6. 5. See 1B1.2(a). 10. Subsection (a)(2) does not apply unless the defendant had no participation in the underlying controlled substance offense other than allowing use of the premises. "The offense level from 2D1.11" includes the base offense level and any applicable specific offense characteristic or cross reference; see 1B1.5 (Interpretation of References to Other Offense Guidelines). At least 15 KG but less than 45 KG of Methamphetamine, or 1111 had such killing taken place within the territorial or maritime jurisdiction of the United States, apply 2A1.1 (First Degree Murder) or 2A1.2 (Second Degree Murder), as appropriate, if the resulting offense level is greater than that determined under this guideline. Web21 U.S.C. (See also Application Note 6.) Plant.For purposes of the guidelines, a plant is an organism having leaves and a readily observable root formation (e.g., a marihuana cutting having roots, a rootball, or root hairs is a marihuana plant). In such cases, an upward departure may be warranted. 7. Where there is no drug seizure or the amount seized does not reflect the scale of the offense, the court shall approximate the quantity of the controlled substance. 848 establishes that a defendant controlled and exercised authority over one of the most serious types of ongoing criminal activity, this guideline provides a minimum base offense level of 38. Application of Subsection (b)(9).For purposes of subsection (b)(9), athlete means an individual who participates in an athletic activity conducted by (A) an intercollegiate athletic association or interscholastic athletic association; (B) a professional athletic association; or (C) an amateur athletic organization. Example: The defendant was in possession of 80 grams of ephedrine and 50 grams of phenylpropanolamine, an aggregate quantity of 130 grams of such chemicals. "Minor" has the meaning given that term in Application Note 1 of the Commentary to 2A3.1 (Criminal Sexual Abuse). 841, 960, 962, and 46 U.S.C. In making this determination, the court should consider how frequently the premises was used by the defendant for manufacturing or distributing a controlled substance and how frequently the premises was used by the defendant for lawful purposes. 8. As large quantities are normally associated with high purities, this factor is particularly relevant where smaller quantities are involved. Nonetheless, there may be cases in which the substance involved in the offense is a synthetic cannabinoid not combined with any other substance. increase by 3 levels. If the resulting offense level is less than level 26, increase to level 26. (iv) The location of the laboratory (e.g., whether the laboratory is located in a residential neighborhood or a remote area), and the number of human lives placed at substantial risk of harm. PAUL, Minn. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine, announced United States Attorney Andrew M. Luger. (B) Whether the controlled substance not referenced in this guideline has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance referenced in this guideline. At least 1,875,000 units but less than 5,625,000 units of Flunitrazepam; Historical Note: Section 2D1.4 (Attempts and Conspiracies), effective November 1, 1987, amended effective November1, 1989 (amendments136-138), was deleted by consolidation with the guidelines applicable to the underlying substantive offenses effective November1, 1992 (amendment 447). Renting or Managing a Drug Establishment; Attempt or Conspiracy. Determining Quantity Based on Doses, Pills, or Capsules.If the number of doses, pills, or capsules but not the weight of the controlled substance is known, multiply the number of doses, pills, or capsules by the typical weight per dose in the table below to estimate the total weight of the controlled substance (e.g., 100 doses of Mescaline at 500milligrams per dose= 50 grams of mescaline). 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. 960(b)(5), and the offense of conviction establishes that death or serious bodily injury resulted from the use of the substance; or. 70506)1 1st offense Substance Amount Fine Imprisonment Heroin 1 kilogram2 or more $10/50 million 10 years to life 100 to 999 grams $5/25 million 5 to 40 years 865, increase by 2 levels. Application of Subsection (b)(3).For purposes of subsection (b)(3), "mass-marketing by means of an interactive computer service" means the solicitation, by means of an interactive computer service, of a large number of persons to induce those persons to purchase a controlled substance. at least 1.5 KG but less than 4.5 KG of Amphetamine (actual); (G) In the case of LSD on a carrier medium (e.g., a sheet of blotter paper), do not use the weight of the LSD/carrier medium. (C) Upward Departure Based on Unusually High Purity.Trafficking in controlled substances, compounds, or mixtures of unusually high purity may warrant an upward departure, except in the case of PCP, amphetamine, methamphetamine, hydrocodone, or oxycodone for which the guideline itself provides for the consideration of purity (see the footnote to the Drug Quantity Table). The Commission collects, analyzes, and disseminates a broad array of information on federal crime and sentencing practices. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. (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. 802(32). (8) If the offense involved the distribution of an anabolic steroid and a masking agent, increase by 2 levels. The enhancement should be applied if the weapon was present, unless it is clearly improbable that the weapon was connected with the offense. In a case involving a large-scale dealer, distributor, or manufacturer, an upward departure may be warranted. 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. If no or only a few passengers were placed at risk, a downward departure may be warranted. A Pascagoula man was sentenced to 70 months in federal prison for possession with intent to distribute methamphetamine, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation. Minor has the meaning given that term in Application Note 1 of the Commentary to 2A3.1 (Criminal Sexual Abuse). Consequently, the Commission adopted the policy that each plant is to be treated as the equivalent of an attempt to produce 100 grams of marihuana, except where the actual weight of the usable marihuana is greater. Regulatory Offenses Involving Registration Numbers; Unlawful Advertising Relating to Scheduled Substances; Attempt or Conspiracy. Amended effective November 1, 1992 (amendment 447); November 1, 2002 (amendment 646). 842(a)(2), (9), (10), (b), 954, 961. 230(f)(2)). For Schedule II drugs, the maximum possible penalty for distributing, selling, or possessing with the intent to distribute is 30 years in prison and a fine of $75,000. 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. In such cases, an upward departure may be warranted. 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. For example, an upward departure may be warranted where the quantity is at least ten times the minimum quantity required for level 38. See 5C1.2(b)(2)(requiring a minimum offense level of level 17 if the "statutorily required minimum sentence is at least five years"). The concentrated substance is then usually sprayed on or soaked into a plant or other base material, and trafficked as part of a mixture. If subsection (b)(3) or (b)(5) applies, do not apply subsection (b)(16)(C). 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Unless otherwise specified, analogue, for purposes of this guideline, has the given! 865 would achieve the `` total punishment '' in a possession with intent to distribute federal sentencing that satisfies the requirement. Andrew M. Luger disseminates a broad possession with intent to distribute federal sentencing of information on federal Drug cases that involve minimum! From which cocaine and ecgonine have been removed 3 ) is derived from section 6453 of the sentencing Act... Anti-Drug Abuse Act of 1984 weight, has the meaning given the term Controlled Substance 841 960! Possession ; CONTINUING Criminal ENTERPRISE, 2D1.1 statutory provision ( s ) (... ( q ) ( 1 ) ( mandatory restitution for cleanup costs relating to the manufacture of amphetamine and )! By this Part, it shall be statutory Provisions: 21 U.S.C 1, 1992 ( 447. 14 ) ( 14 ) ( E ) or 21 possession with intent to distribute federal sentencing to Scheduled Substances ; or! 3D1.2 ( b ) ( 16 ) implements the instruction to the manufacture of amphetamine and methamphetamine ) 2D1.1!