Unlawful Possession, Manufacture, Distribution, Transportation, Exportation, or Importation of Prohibited Flask, Equipment, Chemical, Product, or Material; Attempt or Conspiracy, (1) 12, if the defendant intended to manufacture a controlled substance or knew or believed the prohibited flask, equipment, chemical, product, or material was to be used to manufacture a controlled substance; or. 15. 9. 23. Mar. Historical Note:Effective November 1, 1991 (amendment 371). "Minor" has the meaning given that term in Application Note 1 of the Commentary to 2A3.1 (Criminal Sexual Abuse). Amended effective November 1, 1992 (amendment 447). 842(a)(2), (9), (10), (b), 954, 961. Sentencing Guidelines and other statutory factors. The marihuana converts to 500 grams of converted drug weight. Drug possession laws generally fall into one of two main categories: Simple possession (for personal use); and; Possession with intent to distribute. The Drug Conversion Tables set forth in Application Note 8 were previously called the Drug Equivalency Tables. For example, a mixture weighing 10grams containing PCP at 50% purity contains 5 grams of PCP (actual). Federal agents may bring federal charges. Historical Note: Effective November 1, 1987. (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. Note, however, that 18 U.S.C. 2D1.8. 2. 3553(f) provides an exception to the applicability of mandatory minimum sentences in certain cases. 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. 841(a), (b)(1)-(3), (7), (g), 860a, 865, 960(a), (b); 49 U.S.C. Amended effective November 1, 1992 (amendment 447); November 1, 2002 (amendment 646). Commissioners are nominated by the President and confirmed by the Senate. PAUL, Minn. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine, announced United States Attorney Andrew M. Luger. (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. 9603(b), and 49 U.S.C. 2D1.2. 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. In this section, you will find resources to assist you in understanding and applying the federal sentencing guidelines. See 1B1.3(a)(2) (Relevant Conduct). 860a of manufacturing, or possessing with intent to manufacture, methamphetamine on premises where a minor is present or resides; or. (6) If the defendant is convicted under 21 U.S.C. 2D1.11. Statutory Provision: 21 U.S.C. In such a case, a downward departure may be warranted. If subsection (b)(3) or (b)(5) applies, do not apply subsection (b)(16)(C). 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. Statutory Provision: 21 U.S.C. At least 1,875,000 units but less than 5,625,000 units of Flunitrazepam; He pled (C) Ice, for the purposes of this guideline, means a mixture or substance containing dmethamphetamine hydrochloride of at least 80% purity. Historical Note: Effective November 1, 1987. 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). 6. Possession of a controlled substance with intent to distribute requires the jury to 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.. 24. 230(f)(2)). (B) Substantial Risk of Harm Associated with the Manufacture of Amphetamine and Methamphetamine (Subsection (b)(14)(C)(D)).. (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. (1) If the offense involved unlawfully manufacturing a controlled substance, or attempting to manufacture a controlled substance unlawfully, apply 2D1.1 (Unlawful Manufacturing, Importing, Exporting, Trafficking) if the resulting offense level is greater than that determined above. Background: Offenses under 21 U.S.C. 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 the resulting offense level is less than level27, increase to level 27. 26. 865, specifying the number of months to be served consecutively for the conviction under 21 U.S.C. For additional statutory provision(s), see Appendix A (Statutory Index). If no or only a few passengers were placed at risk, a downward departure may be warranted. (21 U.S.C. 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. Historical Note:Effective November 1, 1987. 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. 845), 860 (formerly 21 U.S.C. [Defendant] is accused of possessing [controlled substance] on or about [date] intending to distribute it to someone else. 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. 2007). Background: This section implements the direction to the Commission in Section 6482 of the Anti-Drug Abuse Act of 1988. 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). Penalties for these charges can range from one year in prison to no more than 50 years, depending on the quantity found. In a case in which the defendant possessed or distributed the listed chemical without such knowledge or belief, a 3-level reduction is provided to reflect that the defendant is less culpable than one who possessed or distributed listed chemicals knowing or believing that they would be used to manufacture a controlled substance unlawfully. At least 6,000 KG but less than 18,000 KG of Hashish; (1) If (A) subsection (d)(2) does not apply; and (B) the defendant committed, or attempted to commit, a sexual offense against another individual by distributing, with or without that individual's knowledge, a controlled substance to that individual, an adjustment under 3A1.1(b)(1) shall apply. The Court noted that before 2010, there were three crack offenses relevant to the case here. (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). 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. Mixture or substance does not include materials that must be separated from the controlled substance before the controlled substance can be used. (ii) The manner in which hazardous or toxic substances were disposed, and the likelihood of release into the environment of hazardous or toxic substances. 841, except as expressly provided. (C) the defendant had minimal knowledge of the scope and structure of the enterprise. 6928(d), the Federal Water Pollution Control Act, 33 U.S.C. 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. The Commission collects, analyzes, and disseminates a broad array of information on federal crime and sentencing practices. (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. ________________________ See 5C1.2(b)(2)(requiring a minimum offense level of level 17 if the "statutorily required minimum sentence is at least five years"). 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. 3. A grand jury indicted McDowell on one count of distribution of fentanyl resulting in death in December 2021. 848 will be grouped with other drug offenses for the purpose of applying Chapter Three, Part D (Multiple Counts). (1) If 3A1.4 (Terrorism) does not apply, increase by 6 levels. 844(a). (i) the defendant was convicted under 21 U.S.C. Historical Note: Section 2D3.5 (Violation of Recordkeeping or Reporting Requirements for Listed Chemicals and Certain Machines; Attempt or Conspiracy), effective November 1, 1991 (amendment 371), amended effective November 1, 1992 (amendment 447), was deleted by consolidation with 2D3.2 effective November 1, 1993 (amendment 481). In some cases, the enhancement under subsection (b)(2) may not adequately account for the seriousness of the environmental harm or other threat to public health or safety (including the health or safety of law enforcement and cleanup personnel). 843(b). 857). Under 21 U.S.C. 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 844(a). 720 ILCS 646/55. 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. Imposition of Consecutive Sentence for 21 U.S.C. 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)). Drug possession laws generally fall into one of two main categories: Simple possession (for personal use); and Possession with intent to distribute. 846 Prohibits attempts and conspiracies (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. A Bemidji man has pleaded guilty to possession with intent to distribute 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). 20. 853(q) (mandatory restitution for cleanup costs relating to the manufacture of amphetamine and methamphetamine). 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 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. For example, ephedrine reacts with other chemicals to form methamphetamine. (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. (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. For an anabolic steroid that is not in a pill, capsule, tablet, or liquid form (e.g., patch, topical cream, aerosol), the court shall determine the base offense level using a reasonable estimate of the quantity of anabolic steroid involved in the offense. (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. 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. At least 30 KG but less than 90 KG of PCP, or 6928(d), the Federal Water Pollution Control Act, 33 U.S.C. For additional statutory provision(s), see Appendix A (Statutory Index). 863 (formerly 21 U.S.C. 802(32). Statutory Provisions: 21 U.S.C. hb```),,@( See 1B1.2(a). (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. 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. Subsection (b)(17) implements the directive to the Commission in section 7(2) of Public Law 111220. (3) 4, if the substance is any other controlled substance or a list I chemical. In addition, 18 U.S.C. Do not apply any adjustment from Chapter Three, Part B (Role in the Offense). 21. 2D1.10. Background: Subsection (b)(1) implements the instruction to the Commission in section 102 of Public Law 106310. Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy. 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. (11) If the defendant bribed, or attempted to bribe, a law enforcement officer to facilitate the commission of the offense, increase by 2 levels. (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. 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). 2D3.2. 3. 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, A grand jury indicted McDowell on one count of distribution of fentanyl resulting in death in December 2021. 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. The Commission serves as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public. (1) If the offense involved unlawfully manufacturing a controlled substance, or attempting to manufacture a controlled substance unlawfully, apply 2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking) if the resulting offense level is greater than that determined above. The amount of ephedrine directly affects the amount of methamphetamine produced. 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. (9) If the defendant distributed an anabolic steroid to an athlete, increase by 2 levels. 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. 18. Section 841 (a) makes it unlawful to knowingly or intentionally possess with intent to distribute any controlled substance. Ephedrine and hydriodic acid typically are used together in the same manufacturing process to manufacture methamphetamine. Title 21 U.S.C. Statutory Provisions: 21 U.S.C. (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. 230(f)(2)). The total therefore converts to 23.142 kilograms of converted drug weight, which has an offense level of 16 in the Drug Quantity Table. Statutory Provisions: 21 U.S.C. (1) The offense level from 2D1.1 applicable to the underlying controlled substance offense, except as provided below. (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. Statutory Provision: 21 U.S.C. Historical Note:Effective November 1, 1987. In this case, the base offense level would be level 36. 1. 841 Prohibits the manufacture and distribution of, and possession with intent to distribute, controlled substances 21 U.S.C. 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). Historical Note: Effective November 1, 1987. Historical Note: Effective November 1, 1987. Amended effective November 1, 1991 (amendment 397); November1, 1992 (amendment 447). (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. 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. Subsection (b)(12) implements the directive to the Commission in section 6(2) of Public Law 111220. 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: Such conduct is covered by 3C1.1 (Obstructing or Impeding the Administration of Justice) and, if applicable, 2D1.1(b)(16)(D). Certain professionals often occupy essential positions in drug trafficking schemes. When a mandatory minimum penalty exceeds the guideline range, the mandatory minimum becomes the guideline sentence. 865, increase by 2 levels. (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. 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. 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. (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. SeeUSSG App. 841, 960, 962, and 46 U.S.C. (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. Subsections (b)(14)(C)(ii) and (D) implement, in a broader form, the instruction to the Commission in section 102 of Public Law 106310. 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. (1) If a victim was killed under circumstances that would constitute murder under 18 U.S.C. 1ST. For certain types of controlled substances, the converted drug weights assigned in the Drug Conversion Tables are capped at specified amounts (e.g., the combined converted weight of all Schedule V controlled substances shall not exceed 2.49 kilograms of converted drug weight). See also United States v. Hernandez, 476 F.3d 791, 798-800 (9th Cir. Levels30 and 24 in the Drug Quantity Table are the distinctions provided by the Anti-Drug Abuse Act; however, further refinement of drug amounts is essential to provide a logical sentencing structure for drug offenses. (J) Fentanyl analogue, for the purposes of this guideline, means any substance (including any salt, isomer, or salt of isomer thereof), whether a controlled substance or not, that has a chemical structure that is similar to fentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide). Of 16 in the drug Conversion Tables set forth in Application Note 1 of the enterprise the Commission in 7! 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