possession with intent to distribute federal sentencingpossession with intent to distribute federal sentencing

841 Prohibits the manufacture and distribution of, and possession with intent to distribute, controlled substances 21 U.S.C. Example: The defendant was in possession of five kilograms of ephedrine and 300 grams of hydriodic acid. 865. To determine these finer distinctions, the Commission consulted numerous experts and practitioners, including authorities at the Drug Enforcement Administration, chemists, attorneys, probation officers, and members of the Organized Crime Drug Enforcement Task Forces, who also advocate the necessity of these distinctions. Continuing Criminal Enterprise; Attempt or Conspiracy. 860a or 865, specifying the number of months to be served consecutively for the conviction under 21 U.S.C. 802 to mean controlled substances that are falsely labeled so as to appear to have been legitimately manufactured or distributed. 230(f)(2)). (A) Application of Subsection (b)(1).Definitions of firearm and dangerous weapon are found in the Commentary to 1B1.1 (Application Instructions). 844(a). 841(b)(1)(A), (b)(1)(B), or (b)(1)(C), or 21 U.S.C. Statutory Provision: 21 U.S.C. 994(n), by reason of a defendants substantial assistance in the investigation or prosecution of another person who has committed an offense. See 5K1.1 (Substantial Assistance to Authorities). 2D2.3. 2. At least 6,000 KG but less than 18,000 KG of Hashish; Subsection (b)(12) implements the directive to the Commission in section 6(2) of Public Law 111220. (1) It is unlawful knowingly to engage in the. In controlled substance offenses, an attempt is assigned the same offense level as the object of the attempt. Unlawfully Distributing, Importing, Exporting or Possessing a Listed Chemical; Attempt or Conspiracy. 860a of distributing, or possessing with intent to distribute, methamphetamine on premises where a minor is present or resides, increase by 2levels. Ephedrine and hydriodic acid typically are used together in the same manufacturing process to manufacture methamphetamine. 1. (ii) The defendant is convicted of selling 500 grams of marihuana (Level 6) and 10,000units of diazepam (Level 6). 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. (8) If the offense involved the distribution of an anabolic steroid and a masking agent, increase by 2 levels. For additional statutory provision(s), see Appendix A (Statutory Index). For additional statutory provision(s), see Appendix A (Statutory Index). Knowingly or Intentionally Provided, however, that if the actual weight of the marihuana is greater, use the actual weight of the marihuana. 3553(f) provides an exception to the applicability of mandatory minimum sentences in certain cases. Background: Because a conviction under 21 U.S.C. (Treating LSD on a carrier medium as weighing 0.5 milligram per dose would produce offense levels equivalent to those for PCP.) 7. 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. Schedule I or II Depressants; Likewise, an adjustment under 3B1.3 ordinarily would apply in a case in which the defendant is convicted of a drug offense resulting from the authorization of the defendant to receive scheduled substances from an ultimate user or long-term care facility. The diazepam, a Schedule IV drug, converts to 625 grams of converted drug weight. 841(a), (b)(1)-(3), (7), (g), 860a, 865, 960(a), (b); 49 U.S.C. Section 5C1.2(b), which provides a minimum offense level of level 17, is not pertinent to the determination of whether subsection(b)(18) applies. (a) Base Offense Level (Apply the greater): (1) 4 plus the offense level from 2D1.1 applicable to the underlying offense; or. (6) If the defendant meets the criteria set forth in subdivisions (1)-(5) of subsection (a) of 5C1.2 (Limitation on Applicability of Statutory Minimum Sentences in Certain Cases), decrease by 2 levels. (C) Upward Departure.In a case involving two or more chemicals used to manufacture different controlled substances, or to manufacture one controlled substance by different manufacturing processes, an upward departure may be warranted if the offense level does not adequately address the seriousness of the offense. 5124 (relating to violations of laws and regulations enforced by the Department of Transportation with respect to the transportation of hazardous material). The total, 1.125 kilograms of converted drug weight, has an offense level of 8 in the Drug Quantity Table. Applicability of Subsection (b)(6).The applicability of subsection (b)(6) shall be determined without regard to the offense of conviction. 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; or, (3) 30, if the defendant is convicted under 21 U.S.C. Substantial Risk of Harm Associated with the Manufacture of Amphetamine and Methamphetamine.. 865 would achieve the "total punishment" in a manner that satisfies the statutory requirement of a consecutive sentence. Certain professionals often occupy essential positions in drug trafficking schemes. For example, a mixture weighing 10grams containing PCP at 50% purity contains 5 grams of PCP (actual). The USSC HelpLine assists practitioners in applying the guidelines. If the resulting offense level is greater than level 32 and the defendant receives the 4-level ("minimal participant") reduction in 3B1.2(a), decrease to level 32. Five kilograms of ephedrine result in a base offense level of level 36; 300 grams of hydriodic acid result in a base offense level of level 24. (1) If a dangerous weapon (including a firearm) was possessed, increase by 2 levels. Amended effective November 1, 1991 (amendment 397); November1, 1992 (amendment 447). WebThis video covers federal sentencing on federal drug cases that involve mandatory minimum sentences. For example, an upward departure may be warranted in cases involving MDPV, a substance of which a lesser quantity is usually needed to produce an effect on the central nervous system similar to the effect produced by a typical synthetic cathinone. Guidelines for the imposition, duration, and conditions of supervised release are set forth in Chapter Five, Part D (Supervised Release). When the guidelines are amended, a subsequent, In this section, you will find the Commissions comprehensive archive of yearly amendments and. (B) Interaction of Subsections (b)(1) and (b)(2).The enhancements in subsections (b)(1) and (b)(2) may be applied cumulatively (added together), as is generally the case when two or more specific offense characteristics each apply. 9603(b); or 49 U.S.C. 2D1.12. (E) Departures for Certain Cases involving Synthetic Cannabinoids.. Because LSD typically is marketed and consumed orally on a carrier medium, the inclusion of some weight attributable to the carrier medium recognizes (A) that offense levels for most other controlled substances are based upon the weight of the mixture containing the controlled substance without regard to purity, and (B) the decision in Chapman v. United States, 500U.S. 453 (1991) (holding that the term mixture or substance in 21 U.S.C. If the substance (except gamma-hydroxybutyric acid) is in liquid form, one unit means 0.5 milliliters. Interactive computer service, for purposes of subsection (b)(7) and this note, has the meaning given that term in section 230(e)(2) of the Communications Act of 1934 (47 U.S.C. Subsection (b)(3) is derived from Section 6453 of the Anti-Drug Abuse Act of 1988. 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. WebThe most common Iowa methamphetamine offenses include possession, distribution, manufacturing, and possession with intent to distribute. (iii) Use the offense level that corresponds to the converted drug weight determined above as the base offense level for the controlled substance involved in the offense. Imposition of Consecutive Sentence for 21 U.S.C. Statutory Provisions: 21 U.S.C. The converted drug weight for the Schedule IV substance is subject to a cap of 9.99 kilograms set forth as the maximum converted weight for Schedule IV substances (without the cap it would have been 12.5kilograms). Statutory Provisions: 21 U.S.C. The Typical Weight Per Unit Table, prepared from information provided by the Drug Enforcement Administration, displays the typical weight per dose, pill, or capsule for certain controlled substances. Subsection (b)(17) implements the directive to the Commission in section 7(2) of Public Law 111220. [Defendant] is accused of possessing [controlled substance] on or about [date] intending to distribute it to someone else. 1308.1315 is the appropriate classification. 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 would achieve the total punishment in a manner that satisfies the statutory requirement of a consecutive sentence. 1. (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. (1) The offense level from 2D1.1 applicable to the underlying controlled substance offense, except as provided below. (5) If (A) the offense involved the importation of amphetamine or methamphetamine or the manufacture of amphetamine or methamphetamine from listed chemicals that the defendant knew were imported unlawfully, and (B) the defendant is not subject to an adjustment under 3B1.2 (Mitigating Role), increase by 2 levels. Under this format, a dealer charged with trafficking 400 grams of powder, worth 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. See 21 U.S.C. Historical Note: Effective November 1, 1987. See 1B1.2(a). at least 1.5 KG but less than 4.5 KG of Methamphetamine (actual), or Violations of 21 U.S.C. 17. (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. (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. (2) 9, if the defendant had reasonable cause to believe the prohibited flask, equipment, chemical, product, or material was to be used to manufacture a controlled substance. 863 (formerly 21 U.S.C. The enhancement for weapon possession in subsection (b)(1) reflects the increased danger of violence when drug traffickers possess weapons. Historical Note:Effective November 1, 1987. Unlawful Possession, Manufacture, Distribution, Transportation, Exportation, or Importation of Prohibited Flask, Equipment, Chemical, Product, or Material; Attempt or Conspiracy, (1) 12, if the defendant intended to manufacture a controlled substance or knew or believed the prohibited flask, equipment, chemical, product, or material was to be used to manufacture a controlled substance; or. 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. (D) Cocaine base, for the purposes of this guideline, means crack. Crack is the street name for a form of cocaine base, usually prepared by processing cocaine hydrochloride and sodium bicarbonate, and usually appearing in a lumpy, rocklike form. 1. Typically, hashish oil is a viscous, dark colored oil, but it can vary from a dry resin to a colorless liquid. (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). (1) If the offense involved a controlled substance, apply 2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking) or 2D2.1 (Unlawful Possession), as appropriate, if the resulting offense level is greater than that determined above. 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. Offenses Involving Immediate Precursors or Other Controlled Substances Covered Under 2D1.1.In certain cases, the defendant will be convicted of an offense involving a listed chemical covered under this guideline, and a related offense involving an immediate precursor or other controlled substance covered under 2D1.1 (Unlawfully Manufacturing, Importing, Exporting, or Trafficking). (1) If a victim was killed under circumstances that would constitute murder under 18 U.S.C. In a case involving such a conviction but in which only part of the relevant offense conduct directly involved a protected location or an underage or pregnant individual, subsections (a)(1) and (a)(2) may result in different offense levels. (2) If the defendant is convicted of violating 21 U.S.C. 841(b)(1)(E) or 21 U.S.C. Background: Offenses under 21 U.S.C. See 5C1.2 (Limitation on Applicability of Statutory Minimum Sentences in Certain Cases). For example, if the defendant, as part of the same course of conduct or common scheme or plan, sold 5 grams of heroin near a protected location and 10 grams of heroin elsewhere, the offense level from subsection (a)(1) would be level 14 (2 plus the offense level for the sale of 5 grams of heroin, the amount sold near the protected location); the offense level from subsection (a)(2) would be level 15 (1 plus the offense level for the sale of 15 grams of heroin, the total amount of heroin involved in the offense). 1. 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