See Application Note 8. Under the grouping rules of 3D1.2(b), the counts will be grouped together. Applicability to Counterfeit Substances.The statute and guideline also apply to counterfeit substances, which are defined in 21 U.S.C. Subsections (b)(14)(C)(ii) and (D) implement, in a broader form, the instruction to the Commission in section 102 of Public Law 106310. 55. Note: Because of the statutory equivalences, the ratios in the Drug Conversion Tables do not necessarily reflect dosages based on pharmacological equivalents. 841(b)(1)(E) or 21 U.S.C. 21a-278 (a) and (b) 8.3-3 Illegal Distribution of a Controlled Substance to a Minor -- Sec. Federal prosecutors allege one person died from a fentanyl overdose after purchasing pills that were furnished by Watson, according to the criminal complaint filed The enhancement also applies to offenses that are referenced to 2D1.1; see 2D1.2(a)(1) and (2), 2D1.5(a)(1), 2D1.6, 2D1.7(b)(1), 2D1.8, 2D1.11(c)(1), and 2D1.12(c)(1). A sentence resulting from a conviction sustained prior to the last overt act of the instant offense is to be considered a prior sentence under 4A1.2(a)(1) and not part of the instant offense. If the resulting offense level is less than level27, increase to level 27. (7) If the defendant, or a person for whose conduct the defendant is accountable under 1B1.3 (Relevant Conduct), distributed a controlled substance through mass-marketing by means of an interactive computer service, increase by 2 levels. Amended effective January 15, 1988 (amendments 19, 20, and 21); November1, 1989 (amendments 123134, 302, and 303); November 1, 1990 (amendment 318); November1, 1991 (amendments 369371 and 394396); November 1, 1992 (amendments 446 and 447); November 1, 1993 (amendments479, 484488, and 499); September 23, 1994 (amendment 509); November 1, 1994 (amendment505); November 1, 1995 (amendments 514518); November 1, 1997 (amendments 555 and 556); November 1, 2000 (amendments 594 and 605); December 16, 2000 (amendment608); May 1, 2001 (amendments 609611); November 1, 2001 (amendments 620625); November1, 2002 (amendment 640); November 1, 2003 (amendment 657); November 1, 2004 (amendments667, 668, and 674); November 1, 2005 (amendment 679); March27, 2006 (amendment 681); November 1, 2006 (amendments 684 and 688); November 1, 2007 (amendments705, 706, and 711); May 1, 2008 (amendment 715); November 1, 2009 (amendments 727 and 728); November 1, 2010 (amendments 746 and 748); November 1, 2011 (amendments 750, 751, and 760); November 1, 2012 (amendments 762 and 770); November 1, 2013 (amendment 777); November 1, 2014 (amendments782 and 783); November 1, 2015 (amendments 793 and 797); November 1, 2018 (amendments 807 and 808). 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). Historical Note:Effective November 1, 2007 (amendment 700). See 5G1.1(b). Additionally, in determining the amount of restitution under 5E1.1 (Restitution) and in fashioning appropriate conditions of probation and supervision under 5B1.3 (Conditions of Probation) and 5D1.3 (Conditions of Supervised Release), respectively, any costs of environmental cleanup and harm to individuals or property shall be considered by the court in cases involving the manufacture of amphetamine or methamphetamine and should be considered by the court in cases involving the manufacture of a controlled substance other than amphetamine or methamphetamine. 2007). Subsection (b)(2) implements the directive to the Commission in section 5 of Public Law111220. 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. (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. (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. (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. WebThis video covers federal sentencing on federal drug cases that involve mandatory minimum sentences. 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. (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. (2) If the defendant is convicted of violating 21 U.S.C. (ii) The manner in which hazardous or toxic substances were disposed, and the likelihood of release into the environment of hazardous or toxic substances. Applicability of Subsection (b)(18).The applicability of subsection (b)(18) shall be determined without regard to whether the defendant was convicted of an offense that subjects the defendant to a mandatory minimum term of imprisonment. 2. For example, a mixture weighing 10grams containing PCP at 50% purity contains 5 grams of PCP (actual). (C) the defendant had minimal knowledge of the scope and structure of the enterprise. (21 U.S.C. 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. PWID is a Class A misdemeanor, if the substance was a Schedule V drug. In a case involving 100 grams of oxymorphone, the converted drug weight would be 500 kilograms, which corresponds to a base offense level of 26 in the Drug Quantity Table. WebIt is against federal law to have [controlled substance] in your possession with the intention of distributing it to someone else. See 5C1.2 (Limitation on Applicability of Statutory Minimum Sentences in Certain Cases). 846 Prohibits attempts and conspiracies The terms Hydrocodone (actual) and Oxycodone (actual) refer to the weight of the controlled substance, itself, contained in the pill, capsule, or mixture. The purity of the controlled substance, particularly in the case of heroin, may be relevant in the sentencing process because it is probative of the defendants role or position in the chain of distribution. (3) 4, if the substance is any other controlled substance or a list I chemical. 6928(d); the Federal Water Pollution Control Act, 33U.S.C. The statute, however, provides direction only for the more common controlled substances, i.e., heroin, cocaine, PCP, methamphetamine, fentanyl, LSD and marihuana. If the resulting offense level is less than level 26, increase to level 26. WebFEDERAL DRUG LAWS Possession, use, or distribution of illicit drugs is prohibited by federal law. Amended effective November 1, 1992 (amendment 447); December 16, 2000 (amendment 608); November 1, 2001 (amendment 620). 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). Provided, however, that if the actual weight of the marihuana is greater, use the actual weight of the marihuana. 5. (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. A grand jury indicted McDowell on one count of distribution of fentanyl resulting in death in December 2021. 7. %%EOF (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. Without the cap, the combined converted weight would have been 88.48 (76 + 9.99 + 2.49) kilograms. In the case of a controlled substance that is not specifically referenced in the Drug Quantity Table, determine the base offense level as follows: (i) Use the Drug Conversion Tables to find the converted drug weight of the controlled substance involved in the offense. Among the factors the court should consider in determining whether the defendant maintained the premises are (A) whether the defendant held a possessory interest in (e.g., owned or rented) the premises and (B) the extent to which the defendant controlled access to, or activities at, the premises. WebSee Instruction 3.15. Regulatory Offenses Involving Registration Numbers; Unlawful Advertising Relating to Scheduled Substances; Attempt or Conspiracy. For additional statutory provision(s), see Appendix A (Statutory Index). (9) If the defendant distributed an anabolic steroid to an athlete, increase by 2 levels. (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). 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. (D) Departure Based on Potency of Synthetic Cathinones.In addition to providing converted drug weights for specific controlled substances and groups of substances, the Drug Conversion Tables provide converted drug weights for certain classes of controlled substances, such as synthetic cathinones. 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. In this case, the base offense level would be level 36. 841(b)(1) includes the carrier medium in which LSD is absorbed). Minor has the meaning given that term in Application Note 1 of the Commentary to 2A3.1 (Criminal Sexual Abuse). 845b). 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. (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. 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). (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. 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. See 1B1.3(a)(2) (Relevant Conduct). Drug Offenses Occurring Near Protected Locations or Involving Underage or Pregnant Individuals; Attempt or Conspiracy. 20. (1) If the defendant is convicted of a single count involving the death or serious bodily injury of more than one person, apply Chapter Three, Part D (Multiple Counts) as if the defendant had been convicted of a separate count for each such victim. The enhancements in subsection (b)(14)(A) and (b)(15) may be applied cumulatively (added together), as is generally the case when two or more specific offense characteristics each apply. There also may be cases in which the substance involved in the offense is a mixture containing a synthetic cannabinoid diluted with an unusually high quantity of base material. PAUL A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine after law enforcement seized a pound of 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). The latter category typically carries stiffer penalties upon conviction, compared to simple possession, as the goal is to punish and deter drug 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. Under this format, a dealer charged with trafficking 400 grams of powder, worth Amended effective November 1, 1991 (amendment 421); November1, 1992 (amendment 447); November 1, 1995 (amendment 534); November 1, 2009 (amendment 727). Do not apply any adjustment from Chapter Three, Part B (Role in the Offense). The enhancement for weapon possession in subsection (b)(1) reflects the increased danger of violence when drug traffickers possess weapons. In such cases, an upward departure may be warranted. Application of Subsection (e)(1).. 230(f)(2)). 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 grand jury indicted McDowell on one count of distribution of fentanyl resulting in death in December 2021. 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). 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). Regulatory Offenses Involving Controlled Substances or Listed Chemicals; Attempt or Conspiracy. Historical Note: Effective November 1, 1987. 12. 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)). WebST. 1. (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. Statutory Provision: 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. Special sentencing provisions for possession of Flunitrazepam (Rohypnol, "roofies" or "roaches") impose a Penalties for possession with intent to distribute are potentially even more severe. 19. (II) The manner in which hazardous or toxic substances were disposed, and the likelihood of release into the environment of hazardous or toxic substances. Background: This section covers the offense of assembling, placing, or causing to be placed, or maintaining a "booby-trap" on federal property where a controlled substance is being manufactured or distributed. List II chemicals are generally used as solvents, catalysts, and reagents. At least 8.4 KG but less than 25.2 KG of Cocaine Base; Web4.21.841 (a) (1)A Possession With Intent to Distribute a Controlled Substance, 21 U.S.C. 841(b)(1)(E) or 21 U.S.C. Web21 U.S.C. 841(a), (b)(1)-(3), (7), (g), 860a, 865, 960(a), (b); 49 U.S.C. In this example, the amount delivered more accurately reflects the scale of the offense. The USSC HelpLine assists practitioners in applying the guidelines. 3. Subsection (b)(17) implements the directive to the Commission in section 7(2) of Public Law 111220. (2) A person who violates paragraph (1) of this. (1) If a dangerous weapon (including a firearm) was possessed, increase by 2levels. (A) Controlled Substances Not Referenced in Drug Quantity Table.The Commission has used the sentences provided in, and equivalences derived from, the statute (21 U.S.C. See 21 U.S.C. 16. 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, 841(g)(1)(A), increase by 2 levels. The base offense level corresponding to that aggregate quantity is level 30. 2D3.1. 853(q) (mandatory restitution for cleanup costs relating to the manufacture of amphetamine and methamphetamine). If the offense resulted in the death or serious bodily injury of a large number of persons, such that the resulting offense level under subsection (b) would not adequately reflect the seriousness of the offense, an upward departure may be warranted. In making a reasonable estimate, the court shall consider that each 25 milligrams of an anabolic steroid is one unit. Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy. 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. Such conduct is covered by 3C1.1 (Obstructing or Impeding the Administration of Justice) and, if applicable, 2D1.1(b)(16)(D). 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 If the resulting offense level is less than level 14, increase to level 14. Statutory Provisions: 21 U.S.C. 841, 960, 962, and 46 U.S.C. Cases Involving Multiple Chemicals.. 841(b)(1)(A), (b)(1)(B), or (b)(1)(C), or 21 U.S.C. Background: Subsection (b)(1) implements the instruction to the Commission in section 102 of Public Law 106310. 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 total therefore converts to 95 kilograms of converted drug weight, for which the Drug Quantity Table provides an offense level of 22. 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. 6928(d), the Federal Water Pollution Control Act, 33 U.S.C. hb```),,@( (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. PAUL, Minn. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine, announced United States Attorney Andrew M. Luger. Below is a sampling of state penalties pertaining to drug possession: Washington Up to five years in prison and/or a fine of up to $10,000 for possession of any amount of heroin (double penalties for subsequent offenses). (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. 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. Application of Subsection (b)(14).. 9. The combined converted weight, determined by adding together the above amounts, is subject to the cap of 79.99 kilograms of converted drug weight set forth as the maximum combined converted weight for Schedule III, IV, and V substances. (1) The offense level from 2D1.1 applicable to the underlying controlled substance offense, except as provided below. (a) Delivery or possession with intent to deliver methamphetamine or a substance containing methamphetamine. (1) If 3A1.4 (Terrorism) does not apply, increase by 6 levels. For example, in the Drug Conversion Tables set forth in this Note, 1 gram of a substance containing oxymorphone, a Schedule I opiate, converts to 5kilograms of converted drug weight. For example, subsection (b)(3) would apply to a defendant who operated a web site to promote the sale of prohibited flasks but would not apply to coconspirators who use an interactive computer service only to communicate with one another in furtherance of the offense. Subsection (b)(14)(A) implements the instruction to the Commission in section 303 of Public Law103237. 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. (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. In contrast, in a reverse sting, the agreed-upon quantity of the controlled substance would more accurately reflect the scale of the offense because the amount actually delivered is controlled by the government, not by the defendant. 10. (3) If the defendant unlawfully imported or exported a controlled substance under circumstances in which (A) an aircraft other than a regularly scheduled commercial air carrier was used to import or export the controlled substance, (B) a submersible vessel or semi-submersible vessel as described in 18 U.S.C. Guidelines for the imposition, duration, and conditions of supervised release are set forth in Chapter Five, Part D (Supervised Release). 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. Unlawful Sale or Transportation of Drug Paraphernalia; Attempt or Conspiracy. 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. (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. Where there are controlled substances from more than one schedule (e.g., a quantity of a ScheduleIV substance and a quantity of a Schedule V substance), determine the converted drug weight for each schedule separately (subject to the cap, if any, applicable to that schedule). Amended effective October 15, 1988 (amendment 66); November1, 1989 (amendment 139); November 1, 1992 (amendment 447). Interaction with 3B1.3.A defendant who used special skills in the commission of the offense may be subject to an adjustment under 3B1.3 (Abuse of Position of Trust or Use of Special Skill). At least 6,000 KG but less than 18,000 KG of Hashish; 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. Background: Because a conviction under 21 U.S.C. (a) Base Offense Level (Apply the greater): (1) 3 plus the offense level from the Drug Quantity Table in 2D1.1; or. (a) Base Offense Level: The offense level from the Chemical Quantity Table set forth in subsection (d) or (e), as appropriate, except that if (A) the defendant receives an adjustment under 3B1.2 (Mitigating Role); and (B) the base offense level under subsection (d) 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. Here, the judge must impose a sentence pursuant to the Federal Sentencing Guidelines Manual without regard to any statutory minimum sentence, if the court finds When a mandatory minimum penalty exceeds the guideline range, the mandatory minimum becomes the guideline sentence. 5124 (relating to violations of laws and regulations enforced by the Department of Transportation with respect to the transportation of hazardous material). 2. The concentrated substance is then usually sprayed on or soaked into a plant or other base material, and trafficked as part of a mixture. The Commission collects, analyzes, and disseminates a broad array of information on federal crime and sentencing practices. At least 300 G but less than 900 G of LSD; Amended effective November 1, 1991 (amendment 421); November1, 1992 (amendment 447); November 1, 1993 (amendment 481); November1, 1995 (amendment 534). See 5C1.2(b)(2)(requiring a minimum offense level of level 17 if the "statutorily required minimum sentence is at least five years").
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