3553(f) provides an exception to the applicability of mandatory minimum sentences in certain cases. If a mixture or substance contains more than one controlled substance, the weight of the entire mixture or substance is assigned to the controlled substance that results in the greater offense level. (5) the offense level specified in the Drug Quantity Table set forth in subsection (c), except that if (A) the defendant receives an adjustment under 3B1.2 (Mitigating Role); and (B) the base offense level under subsection (c) is (i) level 32, decrease by 2 levels; (ii) level 34 or level 36, decrease by 3 levels; or (iii) level 38, decrease by 4 levels. ` 8 5124 (relating to violations of laws and regulations enforced by the Department of Transportation with respect to the transportation of hazardous material). 230(f)(2)). 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). Do not use this table if any more reliable estimate of the total weight is available from case-specific information. Weba conviction of possession with intent to distribute carries a five year sentence for quantities of 500 grams or more. At least 150 KG but less than 450 KG of Cocaine; Categories of Drug Possession Laws. 4. Statutory Provision: 21 U.S.C. 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. In 2018, the Commission amended 2D1.1 to replace marihuana as the conversion factor with the new term converted drug weight and to change the title of the Drug Equivalency Tables to the Drug Conversion Tables.. 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. Imposition of Consecutive Sentence for 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). The terms Hydrocodone (actual) and Oxycodone (actual) refer to the weight of the controlled substance, itself, contained in the pill, capsule, or mixture. At least 15 KG but less than 45 KG of Methamphetamine, or At least 15 KG but less than 45 KG of Amphetamine, or The converted drug weight for the Schedule V substance is subject to the cap of 2.49 kilograms set forth as the maximum converted weight for Schedule V substances (without the cap it would have been 3.75 kilograms). Historical Note: Effective November 1, 1987. (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. 6. Drug possession laws generally fall into one of two main categories: Simple possession (for personal use); and Possession with intent to distribute. 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. 846 Prohibits attempts and conspiracies Historical Note: Effective November 1, 1987. (II) The manner in which hazardous or toxic substances were disposed, and the likelihood of release into the environment of hazardous or toxic substances. 5124 (relating to violations of laws and regulations enforced by the Department of Transportation with respect to the transportation of hazardous material). Weba Federal or State offense, by whatever designation and wherever committed, consisting of murder (as described in section 1111); manslaughter other than involuntary manslaughter (as described in section 1112); assault with intent to commit murder (as described in section 113(a)); assault with intent to commit rape; aggravated sexual abuse and sexual abuse (F) In the case of Schedule I or II Depressants (except gamma-hydroxybutyric acid), Schedule III substances, Schedule IV substances, and Schedule V substances, one unit means one pill, capsule, or tablet. (9) If the defendant distributed an anabolic steroid to an athlete, increase by 2 levels. 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. 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. Examples of such materials include the fiberglass in a cocaine/fiberglass bonded suitcase, beeswax in a cocaine/beeswax statue, and waste water from an illicit laboratory used to manufacture a controlled substance. Federal agents may bring federal charges. 1ST. 860a of manufacturing, or possessing with intent to manufacture, methamphetamine on premises where a minor is present or resides; or. 1308.1315 is the appropriate classification. Historical Note:Effective November 1, 1987. 841(b)(1)(E) or 21 U.S.C. List II chemicals are generally used as solvents, catalysts, and reagents. The diazepam, a Schedule IV drug, converts to 625 grams of converted drug weight. For additional statutory provision(s), see Appendix A (Statutory Index). Subsections (b)(14)(C)(ii) and (D) implement, in a broader form, the instruction to the Commission in section 102 of Public Law 106310. The U.S. 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) If a dangerous weapon (including a firearm) was possessed, increase by 2levels. 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. (1) If the offense involved possession of a controlled substance in a prison, correctional facility, or detention facility, apply 2P1.2 (Providing or Possessing Contraband in Prison). 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. WebThis list includes all federal (not state) sentencing laws that require the judge to give the offender a mandatory minimum prison term. (K) The term Converted Drug Weight, for purposes of this guideline, refers to a nominal reference designation that is used as a conversion factor in the Drug Conversion Tables set forth in the Commentary below, to determine the offense level for controlled substances that are not specifically referenced in the Drug Quantity Table or when combining differing controlled substances. 4. See 5G1.1(b). Application of Subsection (c)(1)."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. Application of Subsection (b)(5).If the offense involved importation of amphetamine or methamphetamine, and an adjustment from subsection (b)(3) applies, do not apply subsection(b)(5). See 5C1.2(b)(2)(requiring a minimum offense level of level 17 if the "statutorily required minimum sentence is at least five years"). 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. The latter category typically carries stiffer penalties upon conviction, compared to simple possession, as the goal is to punish and deter drug dealers. Note: Because of the statutory equivalences, the ratios in the Drug Conversion Tables do not necessarily reflect dosages based on pharmacological equivalents. If you're charged with a federal drug crime, you should contact an attorney who practices in federal court (not me). 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. Historical Note: Effective November 1, 1987. (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. 25. Amended effective January 15, 1988 (amendment 25); November 1, 1989 (amendment 141). Historical Note: Effective November 1, 1987. 2246(2) and (3), respectively. Statutory Provisions: 21 U.S.C. Typically, hashish oil is a viscous, dark colored oil, but it can vary from a dry resin to a colorless liquid. Amended effective November 1, 1992 (amendment 447); November 1, 2002 (amendment 646). WebFederal law prohibits unauthorized distribution, possession with intent to distribute, and simple possession of oxycodone and other Schedule II controlled substances (such as In the case of liquid LSD (LSD that has not been placed onto a carrier medium), using the weight of the LSD alone to calculate the offense level may not adequately reflect the seriousness of the offense. (B) Upward Departure Provision.If the defendant committed a sexual offense against more than one individual, an upward departure would be warranted. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine. 865, increase by 2 levels. (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. Ephedrine and hydriodic acid typically are used together in the same manufacturing process to manufacture methamphetamine. This guideline applies only in a case in which the defendant is convicted of a statutory violation of drug trafficking in a protected location or involving an underage or pregnant individual (including an attempt or conspiracy to commit such a violation) or in a case in which the defendant stipulated to such a statutory violation. In making a reasonable estimate, the court shall consider that each 25 milligrams of an anabolic steroid is one unit. (B) To calculate the base offense level in an offense that involves two or more chemicals each of which is set forth in the Ephedrine, Pseudoephedrine, and Phenylpropanolamine Quantity Table, (i) aggregate the quantities of all such chemicals, and (ii) determine the base offense level corresponding to the aggregate quantity. 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. 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). Nonetheless, this approach does not override the applicability of mixture or substance for the purpose of applying any mandatory minimum sentence (see Chapman; 5G1.1(b)). (2) If the defendant is convicted of violating 21 U.S.C. 859 (formerly 21 U.S.C. 2D2.3. Mixture or substance does not include materials that must be separated from the controlled substance before the controlled substance can be used. (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. The base offense level for each chemical is calculated separately and the chemical with the higher base offense level is used. 841(b)(7) (of distributing a controlled substance with intent to commit a crime of violence), apply 2X1.1 (Attempt, Solicitation, or Conspiracy) in respect to the crime of violence that the defendant committed, or attempted or intended to commit, if the resulting offense level is greater than that determined above. 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. WebSee Instruction 3.15. To facilitate conversions to converted drug weight, the following table is provided: 9. For example, ephedrine reacts with other chemicals to form methamphetamine. In addition, 18 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. (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. In such cases, an upward departure may be warranted. 21. (1) If the offense level is determined under subsection (a)(2), do not apply an adjustment under 3B1.2 (Mitigating Role). Unlawful Sale or Transportation of Drug Paraphernalia; Attempt or Conspiracy. hb```),,@( The total, 1.125 kilograms of converted drug weight, has an offense level of 8 in the Drug Quantity Table. In a case involving a large-scale dealer, distributor, or manufacturer, an upward departure may be warranted. PAUL A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine after law enforcement seized a pound of methamphetamine and a pen gun from a vehicle in May 2022. In making this determination, the court may consider, for example, the price generally obtained for the controlled substance, financial or other records, similar transactions in controlled substances by the defendant, and the size or capability of any laboratory involved. Amended effective November 1, 2010 (amendments746 and 748); November 1, 2011 (amendment 750); November 1, 2014 (amendment 783); November 1, 2018 (amendment 807). endstream endobj startxref Structuring Chemical Transactions or Creating a Chemical Mixture to Evade Reporting or Recordkeeping Requirements; Presenting False or Fraudulent Identification to Obtain a Listed Chemical; Attempt or Conspiracy, (1) The offense level from 2D1.11 (Unlawfully Distributing, Importing, Exporting, or Possessing a Listed Chemical) if the defendant knew or believed that the chemical was to be used to manufacture a controlled substance unlawfully; or, (2) The offense level from 2D1.11 (Unlawfully Distributing, Importing, Exporting or Possessing a Listed Chemical) reduced by 3 levels if the defendant had reason to believe that the chemical was to be used to manufacture a controlled substance unlawfully; or. 1314 0 obj <>stream 860a of distributing, or possessing with intent to distribute, methamphetamine on premises where a minor is present or resides, increase by 2levels. Amended effective October 15, 1988 (amendment 66); November1, 1989 (amendment 139); November 1, 1992 (amendment 447). 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. 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 WebThis list includes all federal (not state) sentencing laws that require the judge to give the offender a mandatory minimum prison term. 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. 2. 822(g). 2007). According to a release from the U.S. Department of Justice, on May 2, 2022, law enforcement observed 30-year-old (1) It is unlawful knowingly to engage in the. At least 12 KG but less than 36 KG of Fentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] Propanamide); 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). 9603(b); or 49 U.S.C. Thus, the approach decided upon by the Commission will harmonize offense levels for LSD offenses with those for other controlled substances and avoid an undue influence of varied carrier weight on the applicable offense level. "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. Unlawful Possession; Attempt or Conspiracy, (1) 8, if the substance is heroin or any Schedule I or II opiate, an analogue of these, or cocaine base; or, (2) 6, if the substance is cocaine, flunitrazepam, LSD, or PCP; or. 841(b)(1)), as the primary basis for the guideline sentences. (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. Historical Note: Effective November 1, 1987. 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. 841, except as expressly provided. 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 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. 1. 841(g)(1)(A), increase by 2 levels. 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. (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. If the resulting offense level is less than level 30, increase to level 30. 860a or 865. 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. Drug possession laws generally fall into one of two main categories: Simple possession (for personal use); and; Possession with intent to distribute. 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. Subsection (b)(11) implements the directive to the Commission in section 6(1) of Public Law 111220. During a sentencing hearing held Feb. 21, U.S. District Judge Rebecca Goodgame Ebinger sentenced Divos to 174 months, or 14 years, in federal prison for 802(32). 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. (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. (B) Directly Involved in the Importation of a Controlled Substance (Subsection(b)(16)(C)).Subsection (b)(16)(C) applies if the defendant is accountable for the importation of a controlled substance under subsection (a)(1)(A) of 1B1.3 (Relevant Conduct (Factors that Determine the Guideline Range)), i.e., the defendant committed, aided, abetted, counseled, commanded, induced, procured, or willfully caused the importation of a controlled substance. But for crack, a conviction of possession with intent to distribute carries a five year sentence for only 5 grams. 841, 960, 962, and 46 U.S.C. Instead, treat each dose of LSD on the carrier medium as equal to 0.4 milligrams of LSD for the purposes of 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. (A) Definition.For purposes of this guideline, sexual offense means a sexual act or sexual contact as those terms are defined in 18 U.S.C. (B) Upward Departure Based on Drug Quantity.In an extraordinary case, an upward departure above offense level 38 on the basis of drug quantity may be warranted. Background: Because a conviction under 21 U.S.C. The Attorney General, or the Attorney Generals designee, and the Chair of the U.S. Parole Commission serve as. 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). Web8.1-1 Sale or Possession with Intent to Sell a Controlled Substance -- Sec. 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. 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. 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. (B) 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. 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). 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. If subsection (b)(6) applies, 5C1.2(b) does not apply. 2D1.11. As large quantities are normally associated with high purities, this factor is particularly relevant where smaller quantities are involved. 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. 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. Penalty for distribution or possession with intent to distribute narcotic drugs listed in Schedule I; possession of marijuana, synthetic cannabinoids, and heroin A. In such a case, a downward departure may be warranted. 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: Any person who manufactures or distributes (B) Determining the Base Offense Level for Offenses involving Ephedrine, Pseudoephedrine, or Phenylpropanolamine.If the offense involves two or more chemicals each of which is set forth in the Ephedrine, Pseudoephedrine, and Phenylpropanolamine Quantity Table, (i) aggregate the quantities of all such chemicals, and (ii) determine the base offense level corresponding to the aggregate quantity. 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, 1285 0 obj <> endobj See 5C1.2 (Limitation on Applicability of Statutory Minimum Sentences in Certain Cases). (18) 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. However, in a case in which the defendant merely possessed a dangerous weapon but did not use violence, make a credible threat to use violence, or direct the use of violence, subsection (b)(2) would not apply. Statutory Provisions: 21 U.S.C. WebPossession with intent to distribute (PWID) is a more serious charge than simple possession. In 1991, the Commission amended the Drug Equivalency Tables to provide for one substance, marihuana, as the single conversion factor in 2D1.1. Historical Note: Effective November 1, 1987. 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. , but it can vary from a dry resin to a colorless liquid statutory provision ( s ) increase! Generally used as solvents, catalysts, and the Chair of the equivalences! Be separated from the controlled substance can be used the judge to give the offender mandatory... Case-Specific information cases, an upward departure may be warranted web8.1-1 Sale or possession with intent to carries. The applicability of mandatory minimum prison term colored oil, but it can vary from dry! 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Was possessed, increase by 2 levels was possessed, increase by.!
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