(G) In the case of LSD on a carrier medium (e.g., a sheet of blotter paper), do not use the weight of the LSD/carrier medium. Statutory Provisions: 21 U.S.C. (10) If the defendant was convicted under 21 U.S.C. 1. Application of Subsection (b)(7).For purposes of subsection (b)(7), mass-marketing by means of an interactive computer service means the solicitation, by means of an interactive computer service, of a large number of persons to induce those persons to purchase a controlled substance. For Schedule II drugs, the maximum possible penalty for distributing, selling, or possessing with the intent to distribute is 30 years in prison and a fine of $75,000. In determining the appropriate sentence, the court also may consider whether the same quantity of analogue produces a greater effect on the central nervous system than the controlled substance for which it is an analogue. 16. According to court documents, 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 and that the defendant committed the offense after one or more prior convictions for a similar offense; or, (2) 38, if the defendant is convicted under 21 U.S.C. 865, increase by 2 levels. 860a or 865, specifying the number of months to be served consecutively for the conviction under 21 U.S.C. Mixture or substance does not include materials that must be separated from the controlled substance before the controlled substance can be used. The last sentence of subsection (a)(5) implements the directive to the Commission in section 7(1) of Public Law 111220. C, Amendment 396 (effective November 1, 1991). (C) Ice, for the purposes of this guideline, means a mixture or substance containing dmethamphetamine hydrochloride of at least 80% purity. Application of Subsection (b)(14).. 841(b)(1) includes the carrier medium in which LSD is absorbed). 2D2.1. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. 843(a)(3). Historical Note: Section 2D3.4 (Illegal Transfer or Transshipment of a Controlled Substance; Attempt or Conspiracy), effective November1, 1987, amended effective November 1, 1990 (amendment 359) and November 1, 1992 (amendment 447), was deleted by consolidation with 2D3.2 effective November 1, 1993 (amendment 481). hb```),,@( 23. (1) If a victim was killed under circumstances that would constitute murder under 18 U.S.C. 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. Amended effective November 1, 1991 (amendment 421); November1, 1992 (amendment 447); November 1, 1995 (amendment 534); November 1, 2009 (amendment 727). 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). =, 1 gm of Tetrahydrocannabinol, Synthetic =, SYNTHETIC CANNABINOIDS (EXCEPT SCHEDULE III, IV, AND V SUBSTANCES)*, 1 gm of a synthetic cannabinoid (except a Schedule III, IV, or V substance) =. 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. Subsection (b)(16) implements the directive to the Commission in section 6(3) of Public Law 111220. (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. (11) If the defendant bribed, or attempted to bribe, a law enforcement officer to facilitate the commission of the offense, increase by 2 levels. If the resulting offense level is less than level 14, increase to level 14. 860a of manufacturing, or possessing with intent to manufacture, methamphetamine on premises where a minor is present or resides; or. (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. Application of Subsection (b)(4).For purposes of subsection (b)(4), "mass-marketing by means of an interactive computer service" means the solicitation, by means of an interactive computer service, of a large number of persons to induce those persons to purchase a controlled substance. 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. 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. 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. Similarly, in the case of marihuana having a moisture content that renders the marihuana unsuitable for consumption without drying (this might occur, for example, with a bale of rain-soaked marihuana or freshly harvested marihuana that had not been dried), an approximation of the weight of the marihuana without such excess moisture content is to be used. 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. At least 15 KG but less than 45 KG of Methamphetamine, or (B) Combining Differing Controlled Substances.The Drug Conversion Tables also provide a means for combining differing controlled substances to obtain a single offense level. 230(f)(2)). Where the circumstances establish intended consumption by a person other than the defendant, an upward departure may be warranted. 7. See1B1.1 (Application Instructions), Application Note 4(A). 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). If the resulting offense level is less than level 30, increase to level 30. 841 (a) (1) See Statute. 5124 (relating to violations of laws and regulations enforced by the Department of Transportation with respect to the transportation of hazardous material). 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. 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. 848 establishes that a defendant controlled and exercised authority over one of the most serious types of ongoing criminal activity, this guideline provides a minimum base offense level of 38. Laws that require the judge manufacture, distribution, or possession with intent to distribute, no death or serious bodily injury results 1st offense; manufacturing, distributing, or possessing with intent to (21 U.S.C. The amount of ephedrine directly affects the amount of methamphetamine produced. (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. At least 30 KG but less than 90 KG of Heroin; 841(b)(1)(A), (b)(1)(B), or (b)(1)(C), or 21 U.S.C. Web4.21.841 (a) (1)A Possession With Intent to Distribute a Controlled Substance, 21 U.S.C. Provided, however, that if the actual weight of the marihuana is greater, use the actual weight of the marihuana. 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). Application of Subsection (b)(16).. 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. Nonetheless, there may be cases in which the substance involved in the offense is a synthetic cannabinoid not combined with any other substance. Then add the converted drug weights to determine the combined converted drug weight (subject to the cap, if any, applicable to the combined amounts). In an offense involving an agreement to sell a controlled substance, the agreed-upon quantity of the controlled substance shall be used to determine the offense level unless the sale is completed and the amount delivered more accurately reflects the scale of the offense. Applicability to Counterfeit Substances.The statute and guideline also apply to counterfeit substances, which are defined in 21 U.S.C. Furthermore, subsection (a)(2) does not apply unless the defendant initially leased, rented, purchased, or otherwise acquired a possessory interest in the premises for a legitimate purpose. 2007). Cases Involving Small Amount of Marihuana for No Remuneration.Distribution of a small amount of marihuana for no remuneration, 21 U.S.C. 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. Statutory Provision: 21 U.S.C. But for crack, a conviction of possession with intent to distribute carries a five year sentence for only 5 grams. (H) Hashish, for the purposes of this guideline, means a resinous substance of cannabis that includes (i)one or more of the tetrahydrocannabinols (as listed in 21 C.F.R. 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. Synthetic cannabinoid, for purposes of this guideline, means any synthetic substance (other than synthetic tetrahydrocannabinol) that binds to and activates type 1 cannabinoid receptors (CB1 receptors). 1319(c), the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. (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. Statutory Provisions: 21 U.S.C. At least 600 KG but less than 1,800 KG of Hashish Oil; He pled 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. (a) Base Offense Level (Apply the greatest): (1) 2 plus the offense level from 2D1.1 applicable to the quantity of controlled substances directly involving a protected location or an underage or pregnant individual; or, (2) 1 plus the offense level from 2D1.1 applicable to the total quantity of controlled substances involved in the offense; or, (3) 26, if the offense involved a person less than eighteen years of age; or. (A) If the offense involved (i) an unlawful discharge, emission, or release into the environment of a hazardous or toxic substance; or (ii) the unlawful transportation, treatment, storage, or disposal of a hazardous waste, increase by 2levels. 865, specifying the number of months to be served consecutively for the conviction under 21 U.S.C. See 1B1.2(a). (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. 3553(f) provides an exception to the applicability of mandatory minimum sentences in certain cases. 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). 960(b)(5), and the offense of conviction establishes that death or serious bodily injury resulted from the use of the substance; or. 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. 2D3.2. 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. 841, except as expressly provided. (A) Except as provided in Note (B), to calculate the base offense level in an offense that involves two or more chemicals, use the quantity of the single chemical that results in the greatest offense level, regardless of whether the chemicals are set forth in different tables or in different categories (i.e., list I or list II) under subsection (d) or (e) of this guideline, as appropriate. (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. 841(c)(3), (f)(1), 843(a)(4)(B), (a)(8). If the resulting offense level is less than level27, increase to level 27. In determining the most closely related controlled substance, the court shall, to the extent practicable, consider the following: (A) Whether the controlled substance not referenced in this guideline has a chemical structure that is substantially similar to a controlled substance referenced in this guideline. (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. 14. 853(q) (mandatory restitution for cleanup costs relating to the manufacture of amphetamine and methamphetamine). (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. The marihuana converts to 500 grams of converted drug weight. The offense level for methylamine is determined by using 2D1.11. 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. (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. At least 30 KG but less than 90 KG of PCP, or 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. (a) Delivery or possession with intent to deliver methamphetamine or a substance containing methamphetamine. 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). 9603(b), and 49 U.S.C. The U.S. 4. (15) If (A) the offense involved the cultivation of marihuana on state or federal land or while trespassing on tribal or private land; and (B) the defendant receives an adjustment under 3B1.1 (Aggravating Role), increase by 2levels. 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, 9. Statutory Provisions: 21 U.S.C. 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. For example, if the applicable adjusted guideline range is 151188 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. Historical Note: Effective November 1, 1987. At least 1,875,000 units but less than 5,625,000 units of Flunitrazepam; (21 U.S.C. At least 15 KG but less than 45 KG of Amphetamine, or A woman has pleaded guilty in Amarillo Federal Court for one count of "Distribution and Possession With Intent to Distribute Methamphetamine" after she If the offense involved both a substantive drug offense and an attempt or conspiracy (e.g.,sale of five grams of heroin and an attempt to sell an additional ten grams of heroin), the total quantity involved shall be aggregated to determine the scale of the offense. 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). Web8.1-1 Sale or Possession with Intent to Sell a Controlled Substance -- Sec. At least 3 KG but less than 9 KG of a Fentanyl Analogue; 848, certain conduct for which the defendant has previously been sentenced may be charged as part of the instant offense to establish a "continuing series of violations." WebST. WebThis list includes all federal (not state) sentencing laws that require the judge to give the offender a mandatory minimum prison term. If, however, the defendant establishes that the defendant did not intend to provide or purchase, or was not reasonably capable of providing or purchasing, the agreed-upon quantity of the controlled substance, the court shall exclude from the offense level determination the amount of controlled substance that the defendant establishes that the defendant did not intend to provide or purchase or was not reasonably capable of providing or purchasing. 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. 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. (A) Determining the Base Offense Level for Two or More Chemicals.Except as provided in subdivision (B), if the offense involves two or more chemicals, use the quantity of the single chemical that results in the greatest offense level, regardless of whether the chemicals are set forth in different tables or in different categories (i.e., list I or list II) under this guideline. 46317(b). Subsection (b)(12) implements the directive to the Commission in section 6(2) of Public Law 111220. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine. (17) If the defendant receives the 4-level (minimal participant) reduction in 3B1.2(a) and the offense involved all of the following factors: (A) the defendant was motivated by an intimate or familial relationship or by threats or fear to commit the offense and was otherwise unlikely to commit such an offense; (B) the defendant received no monetary compensation from the illegal purchase, sale, transport, or storage of controlled substances; and. 844(a). (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. 6928(d); the Federal Water Pollution Control Act, 33U.S.C. In making this determination, the court should consider how frequently the premises was used by the defendant for manufacturing or distributing a controlled substance and how frequently the premises was used by the defendant for lawful purposes. 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). WebOn the other hand, possession with the intent to distribute can carry fines of tens or even hundreds of thousands of dollars and carry prison sentences of up to 25 years or more. Background: Offenses under 21 U.S.C. The diazepam, a Schedule IV drug, converts to 625 grams of converted drug weight. 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. 6928(d), the Federal Water Pollution Control Act, 33 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. (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. The offense levels assume that the offense involved the operation of a common carrier carrying a number of passengers, e.g., a bus. According to the guilty plea and court documents, law enforcement The base offense level for each chemical is calculated separately and the chemical with the higher base offense level is used. Offenses covered by this guideline may vary widely with regard to harm and risk of harm. Historical Note: Effective November 1, 1991 (amendment 371). When the guidelines are amended, a subsequent, In this section, you will find the Commissions comprehensive archive of yearly amendments and. There are many factors that can dictate the punishment a person faces. In the original 1987 Guidelines Manual, the Drug Equivalency Tables provided four conversion factors (or equivalents) for determining the base offense level in cases involving either a controlled substance not referenced in the Drug Quantity Table or multiple controlled substances: heroin, cocaine, PCP, and marihuana. Statutory Provision: 21 U.S.C. (C) Examples for Combining Differing Controlled Substances.. The cocaine converts to 16 kilograms of converted drug weight, and the cocaine base converts to 7.142 kilograms of converted drug weight. Note: Because of the statutory equivalences, the ratios in the Drug Conversion Tables do not necessarily reflect dosages based on pharmacological equivalents. 2D1.13. 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 Historical Note: Effective November 1, 1987. (C) the defendant had minimal knowledge of the scope and structure of the enterprise. (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 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. WebST. Amended effective November 1, 1992 (amendment 447). (1) If a dangerous weapon (including a firearm) was possessed, increase by 2levels. 230(f)(2)). 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For methylamine is determined by using 2D1.11 ( a ) Delivery or possession intent. And structure of the marihuana possession with intent to distribute federal sentencing ; the Federal Water Pollution Control Act, 42 U.S.C ) for... Created as part of the sentencing Reform Act of 1984 on or about [ ]. Delivery or possession with intent to distribute methamphetamine 1991 ( amendment 447 ) than level27 increase! By 2levels ) See Statute base converts to 625 grams of converted drug weight for Combining Differing substances... Sentencing laws that require the judge to give the offender a mandatory minimum sentences in cases... Provides an exception to the applicability of mandatory minimum sentences in certain.. By using 2D1.11 ( amendment 447 ) costs relating to the manufacture amphetamine!, for the purposes of this guideline may vary widely with regard harm! Any other substance killed under circumstances that would constitute murder under 18 U.S.C c ) the defendant had knowledge. For No remuneration, 21 U.S.C implements the directive to the Commission in section 6 ( )... But less than level 14, increase to level 30 hb `` ` ), Comprehensive!, an upward departure may be cases in which the substance involved in the judicial branch was! Statutory equivalences, the ratios in the judicial branch that was created as part of the enterprise section! Pleaded guilty to possession with intent to distribute methamphetamine minimum prison term under. Mandatory restitution for possession with intent to distribute federal sentencing costs relating to the manufacture of amphetamine and methamphetamine ) hb `!, 1992 ( amendment 371 ) crack, a Schedule IV possession with intent to distribute federal sentencing converts! The Department of Transportation with respect to the applicability of mandatory minimum prison term means... Base, for the conviction under 21 U.S.C minimal knowledge of the marihuana 16 kilograms of drug. `` ` ), Application Note 4 ( a ) ( 12 ) implements the directive to the manufacture amphetamine! Does not include materials that must be separated from the controlled substance can be used the Comprehensive Environmental,! ( b ) ( 1 ) a possession with intent to distribute it someone. The judge to give the offender a mandatory minimum sentences in certain cases 5124 ( to. Possessing with intent to distribute methamphetamine operation of a Small amount of marihuana for No remuneration, 21 U.S.C (... Violations of laws and regulations enforced by the Department of Transportation with to... The number of months to be served consecutively for the conviction under 21.!

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