Historical Note: Effective November 1, 1987. 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). Multiple Transactions or Multiple Drug Types.Where there are multiple transactions or multiple drug types, the quantities of drugs are to be added. Drug possession offenses are largely handled by the states, with widely varying sentencing guidelines. If the application of the guidelines results in a sentence below the minimum sentence required by statute, the statutory minimum shall be the guideline sentence. 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). 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 enhancement for weapon possession in subsection (b)(1) reflects the increased danger of violence when drug traffickers possess weapons. The Drug Conversion Tables set forth in Application Note 8 were previously called the Drug Equivalency Tables. 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). 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. 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 Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. The adjustment in subsection (b)(1) should be applied if the weapon was present, unless it is improbable that the weapon was connected with the offense. 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: 2. 960(b)(5), and the offense of conviction establishes that death or serious bodily injury resulted from the use of the substance; or. "Interactive computer service", for purposes of subsection (b)(4) and this note, has the meaning given that term in section 230(e)(2) of the Communications Act of 1934 (47 U.S.C. Any person who manufactures or distributes 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. (C) In a case involving ephedrine, pseudoephedrine, or phenylpropanolamine tablets, use the weight of the ephedrine, pseudoephedrine, or phenylpropanolamine contained in the tablets, not the weight of the entire tablets, in calculating the base offense level. WebIf the charge is possession with the intent to distribute a Schedule I drug, like heroin, the maximum penalty is 30 years in prison or a fine of $75,000. (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. (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. 1319(c); the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 12. (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. In such a case, a departure may be warranted. Historical Note: Effective November 1, 1987. Application of Subsections (b)(1) and (b)(2).. 2D2.3. (4) If the defendant, or a person for whose conduct the defendant is accountable under 1B1.3 (Relevant Conduct), distributed a listed chemical through mass-marketing by means of an interactive computer service, increase by 2 levels. 841(b)(1)(A), (b)(1)(B), or (b)(1)(C), or 21 U.S.C. (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. If the resulting offense level is less than level27, increase to level 27. 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 III substance is 76kilograms (below the cap of 79.99 kilograms of converted drug weight set forth as the maximum converted weight for Schedule III substances). 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 Background: Offenses under 21 U.S.C. (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. Statutory Provisions: 21 U.S.C. List II chemicals are generally used as solvents, catalysts, and reagents. See 21 U.S.C. 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. (iii) The defendant is convicted of selling 80 grams of cocaine (Level 14) and 2grams of cocaine base (Level 12). 841, 960, 962, and 46 U.S.C. 6928(d); the Federal Water Pollution Control Act, 33U.S.C. 2D1.6. In such cases, an upward departure may be warranted. WebIf a person has between 5 and 49 grams of pure meth, or 50 to 499 grams of a mixture, it is considered possession with intent to distribute (trafficking), and federal Any reference to cocaine includes ecgonine and coca leaves, except extracts of coca leaves from which cocaine and ecgonine have been removed. The terms Hydrocodone (actual) and Oxycodone (actual) refer to the weight of the controlled substance, itself, contained in the pill, capsule, or mixture. (1) It is unlawful knowingly to engage in the. 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. 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. (i) Departure Based on Concentration of Synthetic Cannabinoids.Synthetic cannabinoids are manufactured as powder or crystalline substances. As large quantities are normally associated with high purities, this factor is particularly relevant where smaller quantities are involved. The U.S. 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. 845), 860 (formerly 21 U.S.C. A grand jury indicted McDowell on one count of distribution of fentanyl resulting in death in December 2021. The typical case addressed by this guideline involves possession of a controlled substance by the defendant for the defendant's own consumption. Offenses covered by this guideline may vary widely with regard to harm and risk of harm. 11. 3. 842(a)(1), 843(a)(1), (2). Amended effective November 1, 1990 (amendment 320); November 1, 1992 (amendment 447); November 1, 1994 (amendment 505); November 1, 2009 (amendment 737); November 1, 2012 (amendment 770); November 1, 2018 (amendment 807). 6. 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. Certain inmates cannot petition the court for resentencing such as anyone convicted for rape or murder, or any registered sex offenders. Application of Subsection (b)(8).For purposes of subsection (b)(8), masking agent means a substance that, when taken before, after, or in conjunction with an anabolic steroid, prevents the detection of the anabolic steroid in an individuals body. 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. 863 (formerly 21 U.S.C. Amended effective November 1, 1991 (amendment 397); November1, 1992 (amendment 447). (1) If a dangerous weapon (including a firearm) was possessed, increase by 2levels. 17. Amended effective November 1, 1991 (amendment 394); November1, 1992 (amendments 447 and 448); November1, 2002 (amendment 640). For additional statutory provision(s), see Appendix A (Statutory Index). Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy. Renting or Managing a Drug Establishment; Attempt or Conspiracy. 841, except as expressly provided. Note that in determining the scale of the offense under 2D1.1, the quantity of both the controlled substance and listed chemical should be considered (see Application Note 5 in the Commentary to 2D1.1). (2) If the offense involved (A) an unlawful discharge, emission, or release into the environment of a hazardous or toxic substance; or (B) the unlawful transportation, treatment, storage, or disposal of a hazardous waste, increase by 2 levels. (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. (2) If the defendant used violence, made a credible threat to use violence, or directed the use of violence, increase by 2 levels. Mar. 841(b)(1)(A), (b)(1)(B), or (b)(1)(C), or 21 U.S.C. (ii) Find the corresponding converted drug weight in the Drug Quantity Table. Except as authorized by this Part, it shall be Historical Note: Effective November 1, 1987. Imposition of Consecutive Sentence for 21 U.S.C. (9) If the defendant distributed an anabolic steroid to an athlete, increase by 2 levels. (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. Acquiring a Controlled Substance by Forgery, Fraud, Deception, or Subterfuge; Attempt or Conspiracy. 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. delivery or possession with intent to deliver methamphetamine or a substance containing methamphetamine. 1308.1315 even though they contain a small amount of a Schedule I or II controlled substance. (A) Factors to Consider.In determining, for purposes of subsection (b)(1)(B), whether the offense created a substantial risk of harm to the life of a minor or an incompetent, 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. 3553(f) provides an exception to the applicability of mandatory minimum sentences in certain cases. 1. [Subsection (c) (Drug Quantity Table) is set forth after subsection (e) (Special Instruction).]. The dosage weight of LSD selected exceeds the Drug Enforcement Administrations standard dosage unit for LSD of 0.05 milligram (i.e., the quantity of actual LSD per dose) in order to assign some weight to the carrier medium. Amended effective October 15, 1988 (amendment 66); November1, 1989 (amendment 139); November 1, 1992 (amendment 447). At least 1,875,000 units but less than 5,625,000 units of Flunitrazepam; Web966. WebThis list includes all federal (not state) sentencing laws that require the judge to give the offender a mandatory minimum prison term. Mar. 841(b)(1)), as the primary basis for the guideline sentences. See 1B1.3(a)(2) (Relevant Conduct). Guidelines for the imposition, duration, and conditions of supervised release are set forth in Chapter Five, Part D (Supervised Release). Plant.For purposes of the guidelines, a plant is an organism having leaves and a readily observable root formation (e.g., a marihuana cutting having roots, a rootball, or root hairs is a marihuana plant). For example, an upward departure may be warranted where the quantity is at least ten times the minimum quantity required for level 38. 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. Amended effective November 1, 1992 (amendment 447); November 1, 2002 (amendment 646). 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 (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. (C) Pattern of Criminal Conduct Engaged in as a Livelihood (Subsection (b)(16)(E)).For purposes of subsection (b)(16)(E), pattern of criminal conduct and engaged in as a livelihood have the meaning given such terms in 4B1.3 (Criminal Livelihood). 841(b)(1)(E) or 21 U.S.C. 4. WebUnlawful distribution, possession with intent to distribute, manufacture, importation and exportation, etc. (1) The offense level from 2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy) applicable to the underlying offense, except that 2D1.1(a)(5)(A), (a)(5)(B), and (b)(18) shall not apply. This was to be expected due to the drop in the number of these charges being filed, as described above. Amended effective November 1, 1991 (amendment 421); November1, 1992 (amendment 447); November 1, 1995 (amendment 534); November 1, 2009 (amendment 727). Note that the Drug Quantity Table in 2D1.1 provides a minimum offense level of 12 where the offense involves heroin (or other Schedule I or II opiates), cocaine (or other Schedule I or II stimulants), cocaine base, PCP, methamphetamine, LSD (or other Schedule I or II hallucinogens), fentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide), or fentanyl analogue (2D1.1(c)(14)); a minimum offense level of 8 where the offense involves flunitrazepam (2D1.1(c)(16)); and a minimum offense level of 6 otherwise (2D1.1(c)(17)). He pled WebThis video covers federal sentencing on federal drug cases that involve mandatory minimum sentences. In such cases, an upward departure may be warranted. Note, however, that 18 U.S.C. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine. 2D1.13. 841(b)(4), is treated as simple possession, to which 2D2.1 applies. 7. 3. When the guidelines are amended, a subsequent, In this section, you will find the Commissions comprehensive archive of yearly amendments and. Web4.21.841 (a) (1)A Possession With Intent to Distribute a Controlled Substance, 21 U.S.C. (B) If the defendant was convicted under 21 U.S.C. Drug possession laws generally fall into one of two main categories: Simple possession (for personal use); and Possession with intent to distribute. 1. 2D1.10. 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. Under this format, a dealer charged with trafficking 400 grams of powder, worth 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). Such conduct is covered by 3C1.1 (Obstructing or Impeding the Administration of Justice) and, if applicable, 2D1.1(b)(16)(D). Each year, the Commission reviews and refines these policies in light of congressional action, decisions from courts of appeals, sentencing-related research, and input from the criminal justice community. (C) Whether a lesser or greater quantity of the controlled substance not referenced in this guideline is needed to produce a substantially similar effect on the central nervous system as a controlled substance referenced in this guideline. The total, 1.125 kilograms of converted drug weight, has an offense level of 8 in the Drug Quantity Table. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine. Where the offense level for the underlying offense is to be determined by reference to 2D1.1, see Application Note 5 of the Commentary to 2D1.1 for guidance in determining the scale of the offense. (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. 16. (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. 860a or 865, specifying the number of months to be served consecutively for the conviction under 21 U.S.C. 2. (B) Combining Differing Controlled Substances.The Drug Conversion Tables also provide a means for combining differing controlled substances to obtain a single offense level. 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. (II) The manner in which hazardous or toxic substances were disposed, and the likelihood of release into the environment of hazardous or toxic substances. (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. PAUL, Minn. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine, announced United States Attorney Andrew M. Luger. (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 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. See also United States v. Hernandez, 476 F.3d 791, 798-800 (9th Cir. 720 ILCS 646/55. 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. Where the circumstances establish intended consumption by a person other than the defendant, an upward departure may be warranted. 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. Amended effective November 1, 1992 (amendment 447); November 1, 1995 (amendment 520); November 1, 1997 (amendment 558); November 1, 2000 (amendment 605); November 1, 2001 (amendment 626); November 1, 2004 (amendment 667); November 1, 2010 (amendment 746). 8. Application of Subsection (b)(1)."Firearm" and "dangerous weapon" are defined in the Commentary to 1B1.1 (Application Instructions). In order to comply with the relevant statute, the court should determine the appropriate total punishment and divide the sentence on the judgment form between the sentence attributable to the underlying drug offense and the sentence attributable to 21 U.S.C. WebThis list includes all federal (not state) sentencing laws that require the judge to give the offender a mandatory minimum prison term. 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). Do not use this table if any more reliable estimate of the total weight is available from case-specific information. 5. (2) 9, if the defendant had reasonable cause to believe the prohibited flask, equipment, chemical, product, or material was to be used to manufacture a controlled substance. WebThe most common Iowa methamphetamine offenses include possession, distribution, manufacturing, and possession with intent to distribute. For additional statutory provision(s), see Appendix A (Statutory Index). Statutory Provisions: 21 U.S.C. 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). at least 1.5 KG but less than 4.5 KG of "Ice"; If the substance (except gamma-hydroxybutyric acid) is in liquid form, one unit means 0.5 milliliters. 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.