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

Statutory Provision: 21 U.S.C. 842(a)(1), 843(a)(1), (2). 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 2246(2) and (3), respectively. Statutory Provisions: 21 U.S.C. 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. (1) Any person who assembles, maintains, places, or causes to be placed a boobytrap on Federal property where a controlled substance is being manufactured, distributed, or dispensed shall be sentenced to a term of imprisonment for not more than 10 years or fined under Title 18, or both. If the resulting offense level is less than level 30, increase to level 30. Do not apply any adjustment from Chapter Three, Part B (Role in the Offense). See 21 U.S.C. Renting or Managing a Drug Establishment; Attempt or Conspiracy. Possession of a controlled substance with intent to distribute requires the jury to Application of Subsection (b)(11).Subsection (b)(11) does not apply if the purpose of the bribery was to obstruct or impede the investigation, prosecution, or sentencing of the defendant. If such material cannot readily be separated from the mixture or substance that appropriately is counted in the Drug Quantity Table, the court may use any reasonable method to approximate the weight of the mixture or substance to be counted. 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. 3553(f) provides an exception to the applicability of mandatory minimum sentences in certain cases. 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. In this section, you will find a comprehensive collection of research and data reports published on sentencing issues and other areas of federal crime. 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. 6. He pled Conversely, where the offense was not committed for pecuniary gain (e.g., transportation for the defendant's personal use), a downward departure may be warranted. (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. WebUnlawful distribution, possession with intent to distribute, manufacture, importation and exportation, etc. When this is not the case, it is to be presumed that each 1/4 inch by 1/4 inch section of the blotter paper is equal to one dose. (21 U.S.C. 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. 2D2.3. 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). The statutory penalties for distribution of more than 5 grams of methamphetamine and possession of methamphetamine with intent to distribute more 2D1.9. (i) Departure Based on Concentration of Synthetic Cannabinoids.Synthetic cannabinoids are manufactured as powder or crystalline substances. 960(b)(5), and the offense of conviction establishes that death or serious bodily injury resulted from the use of the substance; or. 9. 12. (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. The base offense level for each chemical is calculated separately and the chemical with the higher base offense level is used. For example, if the applicable adjusted guideline range is 151-188 months and the court determines a "total punishment" of 151 months is appropriate, a sentence of 130 months for the underlying offense plus 21 months for the conduct covered by 21 U.S.C. The number of prison sentences for possession with intent to distribute charges has significantly decreased, according to data from the Oklahoma Department of Corrections from January 1, 2017 to February 29, 2020. In such a case, an upward departure would be warranted. 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. endstream endobj startxref 5. Historical Note:Effective November 1, 2007 (amendment 700). 822(g). At least 12 KG but less than 36 KG of Fentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] Propanamide); (C) Examples for Combining Differing Controlled Substances.. Historical Note:Effective November 1, 1991 (amendment 371). (I) Hashish oil, for the purposes of this guideline, means a preparation of the soluble cannabinoids derived from cannabis that includes (i) one or more of the tetrahydrocannabinols (as listed in 21 C.F.R. He pled Amended effective November 1, 2010 (amendments746 and 748); November 1, 2011 (amendment 750); November 1, 2014 (amendment 783); November 1, 2018 (amendment 807). In the case of a synthetic cathinone that is not specifically referenced in this guideline, the converted drug weight for the class should be used to determine the appropriate offense level. The federal statute sets a maximum penalty for each crime. Historical Note: Effective November 1, 1987. (ii) Definitions.For purposes of subsection (b)(14)(D): Incompetent means an individual who is incapable of taking care of the individuals self or property because of a mental or physical illness or disability, mental retardation, or senility. Web(b) It is unlawful for any person knowingly to manufacture, distribute, advertise, or possess with intent to manufacture or distribute a look-alike substance. Statutory Provision: 21 U.S.C. (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. Amended effective November 1, 1991 (amendment 421); November1, 1992 (amendment 447); November 1, 1995 (amendment 534); November 1, 2009 (amendment 727). Offenses covered by this guideline may vary widely with regard to harm and risk of harm. Application of Subsection (b)(15).Subsection (b)(15) applies to offenses that involve the cultivation of marihuana on state or federal land or while trespassing on tribal or private land. Section 841 (a) makes it unlawful to knowingly or intentionally possess with intent to distribute any controlled substance. Historical Note: Section 2D1.3 (Distributing Controlled Substances to Individuals Younger than Twenty-One Years, to Pregnant Women, or Within 1000 Feet of a School or College), effective November 1, 1987, amended effective January15, 1988 (amendment 23), was deleted by consolidation with 2D1.2 effective November 1, 1989 (amendment 135). U.S. District Court Judge R. David Proctor has sentenced a Lincoln man to 20 years in prison Thursday for possession with intent to distribute methamphetamine 2D1.10. In addition, 18 U.S.C. 841(d)(1). [Subsection (c) (Drug Quantity Table) is set forth after subsection (e) (Special Instruction).]. If the resulting offense level is less than level 26, increase to level 26. In some cases, the enhancement under subsection (b)(2) 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). The latter category typically carries stiffer penalties upon conviction, compared to simple possession, as the goal is to punish and deter drug Similarly, in the case of a controlled substance for which the maximum offense level is less than level38, an upward departure may be warranted if the drug quantity substantially exceeds the quantity for the highest offense level established for that particular controlled substance. 21a-278 (a) and (b) 8.3-3 Illegal Distribution of a Controlled Substance to a Minor -- Sec. (C) the defendant had minimal knowledge of the scope and structure of the enterprise. There are many factors that can dictate the punishment a person faces. 18. 1ST. (b) Specific Offense Characteristics. Subsection (b)(14)(A) implements the instruction to the Commission in section 303 of Public Law103237. 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. WebFederal law prohibits unauthorized distribution, possession with intent to distribute, and simple possession of oxycodone and other Schedule II controlled substances (such as Background: This section covers the offense of knowingly opening, maintaining, managing, or controlling any building, room, or enclosure for the purpose of manufacturing, distributing, storing, or using a controlled substance contrary to law (e.g., a "crack house"). (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. 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). 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). 9603(b), and 49 U.S.C. For example, a defendant agrees to sell 500 grams of cocaine, the transaction is completed by the delivery of the controlled substance actually 480 grams of cocaine, and no further delivery is scheduled. 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. If you're charged with a federal drug crime, you should contact an attorney who practices in federal court (not me). Federal prosecutors allege one person died from a fentanyl overdose after purchasing pills that were furnished by Watson, according to the criminal complaint filed on Feb. 10 and unsealed last week. The latter category typically carries stiffer penalties upon conviction, compared to simple possession, as the goal is to punish and deter drug dealers. At least 30 KG but less than 90 KG of PCP, or 857). 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. (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. At least 6,000 KG but less than 18,000 KG of Hashish; Application of Subsection (b)(2).Convictions under 21 U.S.C. (A) Application of Subsection (b)(1).Definitions of firearm and dangerous weapon are found in the Commentary to 1B1.1 (Application Instructions). In this section, you will find resources to assist you in understanding and applying the federal sentencing guidelines. Federal prosecutors allege one person died from a fentanyl overdose after purchasing pills that were furnished by Watson, according to the criminal complaint filed on Feb. 10 and unsealed last week. 841, except as expressly provided. WebFEDERAL DRUG LAWS Possession, use, or distribution of illicit drugs is prohibited by federal law. (ii) Downward Departure Based on Potency of Synthetic Cannabinoids.In the case of a synthetic cannabinoid that is not specifically referenced in this guideline, the converted drug weight for the class should be used to determine the appropriate offense level. 230(f)(2)). 1. Web966. (3) If the defendant, or a person for whose conduct the defendant is accountable under 1B1.3 (Relevant Conduct), distributed any prohibited flask, equipment, chemical, product, or material through mass-marketing by means of an interactive computer service, increase by 2 levels. (2) If the defendant was convicted under 21 U.S.C. 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. 845a), 861 (formerly 21 U.S.C. At the same time, the weight per dose selected is less than the weight per dose that would equate the offense level for LSD on a carrier medium with that for the same number of doses of PCP, a controlled substance that comparative assessments indicate is more likely to induce violent acts and ancillary crime than is LSD. Historical Note: Effective November 1, 1987. 841 Prohibits the manufacture and distribution of, and possession with intent to distribute, controlled substances 21 U.S.C. In a case involving a large-scale dealer, distributor, or manufacturer, an upward departure may be warranted. These professionals include doctors, pilots, boat captains, financiers, bankers, attorneys, chemists, accountants, and others whose special skill, trade, profession, or position may be used to significantly facilitate the commission of a drug offense. 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. 841(c)(3), (f)(1), 843(a)(4)(B), (a)(8). However, there may be cases in which a substantially greater quantity of a synthetic cannabinoid is needed to produce an effect on the central nervous system similar to the effect produced by a typical synthetic cannabinoid in the class, such as JWH-018 or AM-2201. 2285 was used, or (C) the defendant acted as a pilot, copilot, captain, navigator, flight officer, or any other operation officer aboard any craft or vessel carrying a controlled substance, increase by 2 levels. 2. Mar. 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. Historical Note:Effective November 1, 1987. Analogues and Controlled Substances Not Referenced in this Guideline.Except as otherwise provided, any reference to a particular controlled substance in these guidelines includes all salts, isomers, all salts of isomers, and any analogue of that controlled substance. See 21 U.S.C. 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. WebUnlawful distribution, possession with intent to distribute, manufacture, importation and exportation, etc. (a) Delivery or possession with intent to deliver methamphetamine or a substance containing methamphetamine. %PDF-1.7 % Application of Subsection (b)(12).Subsection (b)(12) applies to a defendant who knowingly maintains a premises (i.e., a building, room, or enclosure) for the purpose of manufacturing or distributing a controlled substance, including storage of a controlled substance for the purpose of distribution. 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). For example, Tylenol 3 is classified as a Schedule III controlled substance even though it contains a small amount of codeine, a Schedule II opiate. 1. (1) If a victim was killed under circumstances that would constitute murder under 18 U.S.C. In controlled substance offenses, an attempt is assigned the same offense level as the object of the attempt. Statutory Provisions: 21 U.S.C. Amended effective November 1, 2007 (amendment 711). 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). For certain types of controlled substances, the converted drug weights assigned in the Drug Conversion Tables are capped at specified amounts (e.g., the combined converted weight of all Schedule V controlled substances shall not exceed 2.49 kilograms of converted drug weight). See Application Note 8. If subsection (b)(6) applies, 5C1.2(b) does not apply. Any person who violates this subsection (b) shall be guilty of a Class 3 felony, 4. Determining Quantity of LSD.LSD on a blotter paper carrier medium typically is marked so that the number of doses (hits) per sheet readily can be determined. Amended effective November 1, 1992 (amendment447); November 1, 1995 (amendment 519); May 1, 1997 (amendment 541); November 1, 1997 (amendment 557); November 1, 2000 (amendments 605 and 606); May 1, 2001 (amendment 611); November 1, 2001 (amendment 625); November 1, 2002 (amendment 646); November 1, 2003 (amendment 661); November 1, 2004 (amendments 667 and 668); November 1, 2005 (amendment 679); November 1, 2007 (amendments 705 and 707); November 1, 2010 (amendments 745 and 746); November 1, 2012 (amendments 763 and 770); November 1, 2014 (amendment 782); November 1, 2015 (amendment 796); November 1, 2018 (amendments 808 and 813). 55. 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