(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. This is a 100:1 quantity ratio. During a sentencing hearing held Feb. 21, U.S. District Judge Rebecca Goodgame Ebinger sentenced Divos to 174 months, or 14 years, in federal prison for (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. 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. 1ST. 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. Subsection (b)(11) implements the directive to the Commission in section 6(1) of Public Law 111220. 841(b)(7) (of distributing a controlled substance with intent to commit a crime of violence), apply 2X1.1 (Attempt, Solicitation, or Conspiracy) in respect to the crime of violence that the defendant committed, or attempted or intended to commit, if the resulting offense level is greater than that determined above. 2D1.12. 841(b)(1)), as the primary basis for the guideline sentences. Historical Note: Effective November 1, 1987. If a mixture or substance contains more than one controlled substance, the weight of the entire mixture or substance is assigned to the controlled substance that results in the greater offense level. In addition, 18 U.S.C. A grand jury indicted McDowell on one count of distribution of fentanyl resulting in death in December 2021. The amount of ephedrine directly affects the amount of methamphetamine produced. Mixture or Substance.Mixture or substance as used in this guideline has the same meaning as in 21 U.S.C. Acquiring a Controlled Substance by Forgery, Fraud, Deception, or Subterfuge; Attempt or Conspiracy. Drug possession laws generally fall into one of two main categories: Simple possession (for personal use); and; Possession with intent to distribute. Nonetheless, there may be cases in which the substance involved in the offense is a synthetic cannabinoid not combined with any other substance. Statutory Provision: 21 U.S.C. 1308.1315 even though they contain a small amount of a Schedule I or II controlled substance. (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. Because the weights of LSD carrier media vary widely and typically far exceed the weight of the controlled substance itself, the Commission has determined that basing offense levels on the entire weight of the LSD and carrier medium would produce unwarranted disparity among offenses involving the same quantity of actual LSD (but different carrier weights), as well as sentences disproportionate to those for other, more dangerous controlled substances, such as PCP. The Commission collects, analyzes, and disseminates a broad array of information on federal crime and sentencing practices. (A) If the offense involved the manufacture of amphetamine or methamphetamine, increase by 3 levels. See 5G1.1(b). Drug Offenses Occurring Near Protected Locations or Involving Underage or Pregnant Individuals; Attempt or Conspiracy. 841 Prohibits the manufacture and distribution of, and possession with intent to distribute, controlled substances 21 U.S.C. (1) If the defendant (A) intended to manufacture methamphetamine, or (B) knew, believed, or had reasonable cause to believe that prohibited flask, equipment, chemical, product, or material was to be used to manufacture methamphetamine, increase by 2 levels. WebThis video covers federal sentencing on federal drug cases that involve mandatory minimum sentences. The offense level for P2P is determined by using 2D1.1 (P2P is listed in the Drug Conversion Table under Cocaine and Other Schedule I and II Stimulants (and their immediate precursors)). Application of Subsection (b)(14).. Amended effective November 1, 1991 (amendment 421); November1, 1992 (amendment 447); November 1, 1993 (amendment 481); November1, 1995 (amendment 534). Guidelines for the imposition, duration, and conditions of supervised release are set forth in Chapter Five, Part D (Supervised Release). (A) Hazardous or Toxic Substances (Subsection (b)(14)(A)).Subsection (b)(14)(A) 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. (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. 2D1.11. However, there may be cases in which a substantially greater quantity of a synthetic cannabinoid is needed to produce an effect on the central nervous system similar to the effect produced by a typical synthetic cannabinoid in the class, such as JWH-018 or AM-2201. 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. Note: Because of the statutory equivalences, the ratios in the Drug Conversion Tables do not necessarily reflect dosages based on pharmacological equivalents. (1) The offense level from 2D1.1 applicable to the underlying controlled substance offense, except as provided below. Knowingly or Intentionally 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. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine. In this case, the base offense level would be level 36. 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). Frequently, a term of supervised release to follow imprisonment is required by statute for offenses covered by this guideline. 844(a). For example, subsection (b)(7) would apply to a defendant who operated a web site to promote the sale of Gamma-hydroxybutyric Acid (GHB) but would not apply to coconspirators who use an interactive computer service only to communicate with one another in furtherance of the offense. 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. See 5G1.1(b). At least 15 KG but less than 45 KG of Amphetamine, or Determining Drug Types and Drug Quantities.Types and quantities of drugs not specified in the count of conviction may be considered in determining the offense level. 841, 960, 962, and 46 U.S.C. (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. (B) If the defendant was convicted under 21 U.S.C. (2) If the defendant was convicted under 21 U.S.C. Continuing Criminal Enterprise; Attempt or Conspiracy. (1) If the offense involved possession of a controlled substance in a prison, correctional facility, or detention facility, apply 2P1.2 (Providing or Possessing Contraband in Prison). WebSee Instruction 3.15. 1. (b) Specific Offense Characteristics. The enhancement should be applied if the weapon was present, unless it is clearly improbable that the weapon was connected with the offense. 7. 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. To facilitate conversions to converted drug weight, the following table is provided: 9. 2246(2) and (3), respectively. The total, 1.125 kilograms of converted drug weight, has an offense level of 8 in the Drug Quantity Table. Mar. In making a reasonable estimate, the court shall consider that each 25 milligrams of an anabolic steroid is one unit. Without the cap, the combined converted weight would have been 88.48 (76 + 9.99 + 2.49) kilograms. 1. 5. (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. 841, except as expressly provided. However, there may be cases in which a substantially lesser or greater quantity of a synthetic cathinone is needed to produce an effect on the central nervous system similar to the effect produced by a typical synthetic cathinone in the class, such as methcathinone or alpha-PVP. Typically, hashish oil is a viscous, dark colored oil, but it can vary from a dry resin to a colorless liquid. Statutory Provisions: 21 U.S.C. At least 30,000,000 units but less than 90,000,000 units of Historical Note: Effective November 1, 1989 (amendment 140). 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. 860a or 865. 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. (a) Base Offense Level (Apply the greatest): (1) 43, if the defendant is convicted under 21 U.S.C. 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). 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. Subsection (b)(2) implements the directive to the Commission in section 5 of Public Law111220. In this section, you will find resources to assist you in understanding and applying the federal sentencing guidelines. 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. (1) It is unlawful knowingly to engage in the. The U.S. 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. 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. Where necessary, this scheme has been modified in response to specific congressional directives to the Commission. 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. Under 21 U.S.C. 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. (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. 2D1.9. Substantial Risk of Harm Associated with the Manufacture of Amphetamine and Methamphetamine.. 2D1.8. 3. List I chemicals are important to the manufacture of a controlled substance and usually become part of the final product. 5124 (relating to violations of laws and regulations enforced by the Department of Transportation with respect to the transportation of hazardous material). The offense levels assume that the offense involved the operation of a common carrier carrying a number of passengers, e.g., a bus. 2D2.2. Historical Note: Effective November 1, 1987. Web4.21.841 (a) (1)A Possession With Intent to Distribute a Controlled Substance, 21 U.S.C. Section 841 (a) makes it unlawful to knowingly or intentionally possess with intent to distribute any controlled substance. Amended effective November 1, 1991 (amendment 421); November1, 1992 (amendment 447); November 1, 1995 (amendment 534); November 1, 2009 (amendment 727). 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. Thus, the approach decided upon by the Commission will harmonize offense levels for LSD offenses with those for other controlled substances and avoid an undue influence of varied carrier weight on the applicable offense level. (5) If (A) the offense involved the importation of amphetamine or methamphetamine or the manufacture of amphetamine or methamphetamine from listed chemicals that the defendant knew were imported unlawfully, and (B) the defendant is not subject to an adjustment under 3B1.2 (Mitigating Role), increase by 2 levels. Amended effective October 15, 1988 (amendment 66); November1, 1989 (amendment 139); November 1, 1992 (amendment 447). (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). Historical Note:Effective November 1, 1987. 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. 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. 4. In this section, learn about the Commissions mission, structure, and ongoing work. 841 (a) (1) See Statute. Historical Note: Effective November 1, 1987. In this example, the amount delivered more accurately reflects the scale of the offense. Background: This section covers the use of a communication facility in committing a drug offense. 230(f)(2)). 1314 0 obj <>stream 4. A communication facility includes any public or private instrument used in the transmission of writing, signs, signals, pictures, and sound; e.g., telephone, wire, radio. Background: Offenses under 21 U.S.C. Schedule I or II Depressants; PAUL, Minn. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine, announced United States Attorney Andrew M. Luger. See 21 U.S.C. 2D3.2. 865, specifying the number of months to be served consecutively for the conviction under 21 U.S.C. (A) Application of Subsection (b)(1).Definitions of firearm and dangerous weapon are found in the Commentary to 1B1.1 (Application Instructions). Under the grouping rules of 3D1.2(b), the counts will be grouped together. (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. (B) Combining Differing Controlled Substances.The Drug Conversion Tables also provide a means for combining differing controlled substances to obtain a single offense level. Penalties for these charges can range from one year in prison to no more than 50 years, depending on the quantity found. Certain inmates cannot petition the court for resentencing such as anyone convicted for rape or murder, or any registered sex offenders. (A) Definition.For purposes of this guideline, sexual offense means a sexual act or sexual contact as those terms are defined in 18 U.S.C. 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.. If the resulting offense level is less than level 26, increase to level 26. I cover safety valve in great detail for your benefit. Under U.S. federal law, it is a crime to distribute illegal drugs, which are referred to legally as controlled substances. In such cases, an upward departure may be warranted. 841(b)(1) includes the carrier medium in which LSD is absorbed). 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. 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). 848 will be grouped with other drug offenses for the purpose of applying Chapter Three, Part D (Multiple Counts). (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. 7. Any person who violates this subsection (b) shall be guilty of a Class 3 felony, Such offenses interfere with the ability of others to safely access and use the area and also pose or risk a range of other harms, such as harms to the environment. Certain professionals often occupy essential positions in drug trafficking schemes. 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