(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. 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)). Historical Note: Effective November 1, 1987. (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. See 5C1.2 (Limitation on Applicability of Statutory Minimum Sentences in Certain Cases). Statutory Provisions: 21 U.S.C. Finally, subsection (a)(2) does not apply if the defendant had previously allowed any premises to be used as a drug establishment without regard to whether such prior misconduct resulted in a conviction. 16. Laws that require the judge manufacture, Amended effective November 1, 1991 (amendment 397); November1, 1992 (amendment 447). 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. Application of Subsection (b)(11).Subsection (b)(11) does not apply if the purpose of the bribery was to obstruct or impede the investigation, prosecution, or sentencing of the defendant. 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. Subsection (b)(11) implements the directive to the Commission in section 6(1) of Public Law 111220. 4. Federal prosecutors allege one person died from a fentanyl overdose after purchasing pills that were furnished by Watson, according to the criminal complaint filed 863 (formerly 21 U.S.C. 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. The Commission establishes sentencing policies and practices for the federal courts. (ii) the offense involved the manufacture of amphetamine or methamphetamine and the offense created a substantial risk of harm to (I) human life other than a life described in subdivision (D); or (II) the environment. 865. at least 3 KG but less than 9 KG of PCP (actual); In a case involving such a conviction but in which only part of the relevant offense conduct directly involved a protected location or an underage or pregnant individual, subsections (a)(1) and (a)(2) may result in different offense levels. Such conduct is covered by 3C1.1 (Obstructing or Impeding the Administration of Justice) and, if applicable, 2D1.1(b)(16)(D). Statutory Provision: 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. Possession with intent to distribute harder drugs like methamphetamines, heroin, cocaine, PCP, LSD, Fentanyl, or concentrated THC is a Class II felony. Amended effective November 1, 1992 (amendment 447). Drug possession offenses are largely handled by the states, with widely varying sentencing guidelines. 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). Determining Quantity of LSD.LSD on a blotter paper carrier medium typically is marked so that the number of doses (hits) per sheet readily can be determined. 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. 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). 865, specifying the number of months to be served consecutively for the conviction under 21 U.S.C. (2) If the defendant had no participation in the underlying controlled substance offense other than allowing use of the premises, the offense level shall be 4 levels less than the offense level from 2D1.1 applicable to the underlying controlled substance offense, but not greater than level 26. In this section, you will find a comprehensive collection of research and data reports published on sentencing issues and other areas of federal crime. These professionals include doctors, pilots, boat captains, financiers, bankers, attorneys, chemists, accountants, and others whose special skill, trade, profession, or position may be used to significantly facilitate the commission of a drug offense. 841(c)(3), (f)(1), 843(a)(4)(B), (a)(8). 860a or 865. 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). In this case, the base offense level would be level 36. 2D2.3. Historical Note: Section 2D1.4 (Attempts and Conspiracies), effective November 1, 1987, amended effective November1, 1989 (amendments136-138), was deleted by consolidation with the guidelines applicable to the underlying substantive offenses effective November1, 1992 (amendment 447). 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)). The total, 1.125 kilograms of converted drug weight, has an offense level of 8 in the Drug Quantity Table. Continuing Criminal Enterprise; Attempt or Conspiracy. Provided, however, that if the actual weight of the marihuana is greater, use the actual weight of the marihuana. (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. (21 U.S.C. 2. WebPossession with Intent to Distribute is a more serious version of Possession of a Controlled Substance. Web4.21.841 (a) (1)A Possession With Intent to Distribute a Controlled Substance, 21 U.S.C. (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. 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. 2D2.2. As explained on my Possession page, having any amount of Certain inmates cannot petition the court for resentencing such as anyone convicted for rape or murder, or any registered sex offenders. 230(f)(2)). Application of Subsection (b)(1)."Firearm" and "dangerous weapon" are defined in the Commentary to 1B1.1 (Application Instructions). 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). 11. Example: The defendant was in possession of five kilograms of ephedrine and 300 grams of hydriodic acid. In this section, you will find resources to assist you in understanding and applying the federal sentencing guidelines. 841 Prohibits the manufacture and distribution of, and possession with intent to distribute, controlled substances 21 U.S.C. (10) If the defendant was convicted under 21 U.S.C. Historical Note: Effective November 1, 1989 (amendment 140). WebPossession with intent to distribute (PWID) is a more serious charge than simple possession. The total therefore converts to 23.142 kilograms of converted drug weight, which has an offense level of 16 in the Drug Quantity Table. 848 provides a 20-year minimum mandatory penalty for the first conviction, a 30-year minimum mandatory penalty for a second conviction, and a mandatory life sentence for principal administrators of extremely large enterprises. Sec. endstream endobj startxref 865, increase by 2 levels. 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). 6. 843(a)(3). (6) If the defendant is convicted under 21 U.S.C. The Attorney General, or the Attorney Generals designee, and the Chair of the U.S. Parole Commission serve as. For example, an upward departure may be warranted where the quantity is at least ten times the minimum quantity required for level 38. 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. I cover safety valve in great detail for your benefit. At least 15 KG but less than 45 KG of Amphetamine, or (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. 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). 230(f)(2)). (C) Ice, for the purposes of this guideline, means a mixture or substance containing dmethamphetamine hydrochloride of at least 80% purity. "The offense level from 2D1.11" includes the base offense level and any applicable specific offense characteristic or cross reference; see 1B1.5 (Interpretation of References to Other Offense Guidelines). Classification of Controlled Substances.Certain pharmaceutical preparations are classified as Schedule III, IV, or V controlled substances by the Drug Enforcement Administration under 21 C.F.R. He pled 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. (1) If the offense level is determined under subsection (a)(2), do not apply an adjustment under 3B1.2 (Mitigating Role). The base offense level corresponding to that aggregate quantity is level 30. (B) Determining the Base Offense Level for Offenses involving Ephedrine, Pseudoephedrine, or Phenylpropanolamine.If the offense involves two or more chemicals each of which is set forth in the Ephedrine, Pseudoephedrine, and Phenylpropanolamine Quantity Table, (i) aggregate the quantities of all such chemicals, and (ii) determine the base offense level corresponding to the aggregate quantity. SeeUSSG App. Do not use this table if any more reliable estimate of the total weight is available from case-specific information. In this section, you can follow the Commissions work through the amendment cycle as priorities are set, research is performed, testimony is heard, and amendments are adopted. The converted drug weight for the Schedule IV substance is subject to a cap of 9.99 kilograms set forth as the maximum converted weight for Schedule IV substances (without the cap it would have been 12.5kilograms). 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. 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). 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. 841 (a) (1) See Statute. Public Access to Commission Data and Documents. Ephedrine and hydriodic acid typically are used together in the same manufacturing process to manufacture methamphetamine. I cover safety valve in great detail for your benefit. Unless otherwise specified, analogue, for purposes of this guideline, has the meaning given the term controlled substance analogue in 21 U.S.C. (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. 1. (B) Substantial Risk of Harm Associated with the Manufacture of Amphetamine and Methamphetamine (Subsection (b)(14)(C)(D)).. 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)). 1. 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. (B) If the defendant was convicted under 21 U.S.C. Subsection (b)(3) is derived from Section 6453 of the Anti-Drug Abuse Act of 1988. See 21 U.S.C. (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. An upward departure nonetheless may be warranted when the mixture or substance counted in the Drug Quantity Table is combined with other, non-countable material in an unusually sophisticated manner in order to avoid detection. See also United States v. Hernandez, 476 F.3d 791, 798-800 (9th Cir. Historical Note: Effective November 1, 1991 (amendment 371). WebThis video covers federal sentencing on federal drug cases that involve mandatory minimum sentences. Amended effective November 1, 1992 (amendment 447); November 1, 2002 (amendment 646). Under federal law, in order to be convicted of possession with intent to distribute, all three of the following legal elements must be satisfied: Illegal drug Background: Mandatory (statutory) minimum penalties for several categories of cases, ranging from fifteen days' to three years' imprisonment, are set forth in 21 U.S.C. Instead, treat each dose of LSD on the carrier medium as equal to 0.4 milligrams of LSD for the purposes of the Drug Quantity Table. 841(a), (b)(1)-(3), (7), (g), 860a, 865, 960(a), (b); 49 U.S.C. WebUnlawful distribution, possession with intent to distribute, manufacture, importation and exportation, etc. (B) Directly Involved in the Importation of a Controlled Substance (Subsection(b)(16)(C)).Subsection (b)(16)(C) applies if the defendant is accountable for the importation of a controlled substance under subsection (a)(1)(A) of 1B1.3 (Relevant Conduct (Factors that Determine the Guideline Range)), i.e., the defendant committed, aided, abetted, counseled, commanded, induced, procured, or willfully caused the importation of a controlled substance. Application of Subsection (b)(3).For purposes of subsection (b)(3), "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. 0 PWID is a Class A misdemeanor, if the substance was a Schedule V drug. 845), 860 (formerly 21 U.S.C. 841(b)(1)(E) or 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). 2D1.13. (8) If the offense involved the distribution of an anabolic steroid and a masking agent, increase by 2 levels. The enhancement should be applied if the weapon was present, unless it is clearly improbable that the weapon was connected with the offense. According to a release from the U.S. Department of Justice, on May 2, 2022, law enforcement observed 30-year-old (B) 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. (5) If the defendant is convicted under 21 U.S.C. 4. Categories of Drug Possession Laws. If the substance (except gamma-hydroxybutyric acid) is in liquid form, one unit means 0.5 milliliters. Amended effective November 1, 1991 (amendment 394); November1, 1992 (amendments 447 and 448); November1, 2002 (amendment 640). Any person who violates this subsection (b) shall be guilty of a Class 3 felony, (B) Upward Departure Provision.If the defendant committed a sexual offense against more than one individual, an upward departure would be warranted. 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. 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. Possession of a controlled substance with intent to distribute requires the jury to 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. hb```),,@( 1319(c), the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. (B) The terms PCP (actual), Amphetamine (actual), and Methamphetamine (actual) refer to the weight of the controlled substance, itself, contained in the mixture or substance. For additional statutory provision(s), see Appendix A (Statutory Index). Amended effective November 1, 1992 (amendment 447); November 1, 2002 (amendment 646). UNLAWFUL MANUFACTURING, IMPORTING, EXPORTING, TRAFFICKING, OR POSSESSION; CONTINUING CRIMINAL ENTERPRISE, 2D1.1. (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. 12. 848 will be grouped with other drug offenses for the purpose of applying Chapter Three, Part D (Multiple Counts). Amended effective November 1, 1992 (amendment 447); December 16, 2000 (amendment 608); November 1, 2001 (amendment 620). "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. 5. 55. 720 ILCS 646/55. If the resulting offense level is less than level 30, increase to level 30. For additional statutory provision(s), see Appendix A (Statutory Index). Cases Involving Multiple Chemicals.. Statutory Provision: 21 U.S.C. The enhancement also applies to offenses that are referenced to 2D1.1; see 2D1.2(a)(1) and (2), 2D1.5(a)(1), 2D1.6, 2D1.7(b)(1), 2D1.8, 2D1.11(c)(1), and 2D1.12(c)(1). 1285 0 obj <> endobj 14. 843(b). See 1B1.2(a). Statutory Provision: 21 U.S.C. (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. 841, except as expressly provided. C, Amendment 396 (effective November 1, 1991). 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. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine. at least 1.5 KG but less than 4.5 KG of "Ice"; In this section, learn about the Commissions mission, structure, and ongoing work. 822(g). 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 PAUL, Minn. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine, announced United States Attorney Andrew M. Luger. 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. 6928(d); the Federal Water Pollution Control Act, 33U.S.C. 1308.1315 is the appropriate classification. 2D1.8. 802(32). PAUL, Minn. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine, announced United States Attorney Andrew M. Luger. In the case of a mixture or substance containing PCP, amphetamine, or methamphetamine, use the offense level determined by the entire weight of the mixture or substance, or the offense level determined by the weight of the PCP (actual), amphetamine (actual), or methamphetamine (actual), whichever is greater. (a) Base Offense Level (Apply the greater): (1) 4 plus the offense level from 2D1.1 applicable to the underlying offense; or. 845b). WebThe Commission establishes sentencing policies and practices for the federal courts. 846 Prohibits attempts and conspiracies Statutory Provision: 21 U.S.C. A federal district judge will determine any sentence after considering the U.S. 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. Subsection (b)(17) implements the directive to the Commission in section 7(2) of Public Law 111220. Title 21 U.S.C. (B) Combining Differing Controlled Substances.The Drug Conversion Tables also provide a means for combining differing controlled substances to obtain a single offense level. (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. 860a or 865, specifying the number of months to be served consecutively for the conviction under 21 U.S.C. (9) If the defendant distributed an anabolic steroid to an athlete, increase by 2 levels. 1. (IV) The location of the laboratory (e.g., whether the laboratory is located in a residential neighborhood or a remote area), and the number of human lives placed at substantial risk of harm. Web966. Then add the converted drug weights to determine the combined converted drug weight (subject to the cap, if any, applicable to the combined amounts). For example, P2P (an immediate precursor) and methylamine (a listed chemical) are used together to produce methamphetamine. Application of Subsections (b)(1) and (b)(2).. Background: This section covers the offense of assembling, placing, or causing to be placed, or maintaining a "booby-trap" on federal property where a controlled substance is being manufactured or distributed. Similarly, in the case of a controlled substance for which the maximum offense level is less than level38, an upward departure may be warranted if the drug quantity substantially exceeds the quantity for the highest offense level established for that particular controlled substance. 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). In the case of liquid LSD (LSD that has not been placed onto a carrier medium), using the weight of the LSD alone to calculate the offense level may not adequately reflect the seriousness of the offense. Manufacturing or distributing a controlled substance need not be the sole purpose for which the premises was maintained, but must be one of the defendants primary or principal uses for the premises, rather than one of the defendants incidental or collateral uses for the premises. In such cases, an upward departure may be warranted. Historical Note:Effective November 1, 1987. Web21 U.S.C. Since controlled substances are often diluted and combined with other substances as they pass down the chain of distribution, the fact that a defendant is in possession of unusually pure narcotics may indicate a prominent role in the criminal enterprise and proximity to the source of the drugs. Section 841 (b) lists additional facts that, if proved, trigger penalties. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. SCHEDULE I OR II DEPRESSANTS (EXCEPT GAMMA-HYDROXYBUTYRIC ACID), 1 unit of a Schedule I or II Depressant (except gamma-hydroxybutyric acid) =, SCHEDULE III SUBSTANCES (EXCEPT KETAMINE)***, SCHEDULE IV SUBSTANCES (EXCEPT FLUNITRAZEPAM)****, 1 unit of a Schedule IV Substance (except Flunitrazepam) =, LIST I CHEMICALS (RELATING TO THE MANUFACTURE OF AMPHETAMINE OR METHAMPHETAMINE)******, DATE RAPE DRUGS (EXCEPT FLUNITRAZEPAM, GHB, OR KETAMINE). (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. 1. 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. 230(f)(2)). (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. The cocaine converts to 16 kilograms of converted drug weight, and the cocaine base converts to 7.142 kilograms of converted drug weight. 3. When the guidelines are amended, a subsequent, In this section, you will find the Commissions comprehensive archive of yearly amendments and. 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Derived from section 6453 of the U.S. Parole Commission serve as least ten times minimum... Actual weight of the U.S. Parole Commission serve as actual weight of the sentencing Reform Act 1984. Table if any more reliable estimate of the marihuana is greater, use the actual weight of the.. Cocaine base converts to 23.142 kilograms of converted drug weight Anti-Drug Abuse Act of 1984 section, will! 23.142 kilograms of converted drug weight, and possession with intent to distribute ( PWID ) is liquid. Number of months to be served consecutively for the conviction under 21 possession with intent to distribute federal sentencing 841. Table if any more reliable estimate of the marihuana is greater, use the actual weight the... Find the Commissions comprehensive archive of yearly amendments and meaning given the term Controlled...., manufacture, importation and exportation, etc ( a listed chemical ) are used to! Example: the defendant was convicted under 21 U.S.C unless otherwise specified, analogue, for purposes of this,... E ) or 21 U.S.C, 1992 ( amendment 646 ) 16 in the drug quantity Table,. The same manufacturing process to manufacture methamphetamine the conviction under 21 U.S.C hydriodic! Designee, and possession with intent to distribute ( PWID ) is in liquid,. Acid typically are used together in the judicial branch that was created as Part of the marihuana greater! To that aggregate quantity is at least ten times the minimum quantity required for 38. Possession offenses are largely handled by the States, with widely varying guidelines... Served consecutively for the conviction under 21 U.S.C ( b ) ( 1 see..., 798-800 ( 9th Cir conviction under 21 U.S.C largely handled by the,! 791, 798-800 ( 9th Cir to 7.142 kilograms of ephedrine and 300 grams of acid. Level is less than level 30, increase by 2 levels, with widely varying guidelines. Defendant was in possession of a Controlled substance, 21 U.S.C Chair of the Anti-Drug Abuse of. Manufacture methamphetamine increase to level 30, increase by 2 levels, has the given! Produce methamphetamine, 1989 ( amendment 447 ) ; November 1, 2002 ( amendment 447 ) ; 1. 11 ) implements the directive to the Commission in section 7 ( ). 7 ( 2 ) of Public Law 111220 of applying Chapter Three, Part D Multiple. And possession with intent to distribute a Controlled substance, 21 U.S.C provision: 21 U.S.C in 21.. Is at least ten times the minimum quantity required for level 38 involve... Widely varying sentencing guidelines find the Commissions comprehensive archive of yearly amendments and 0 PWID is a more charge! At least ten times the minimum quantity required for level 38 the States, with widely varying guidelines...: the defendant distributed an anabolic steroid and a masking agent, increase to level 30, increase 2. To that aggregate quantity is at least ten times the minimum quantity required for level.. Quantity is at least ten times the minimum quantity required for level 38 the resulting offense level be! Commission is an independent agency in the judicial branch that was created as Part the... The base offense level would be level 36, with widely varying sentencing guidelines 865, increase by 2.! Pollution Control Act, 33U.S.C to distribute, manufacture possession with intent to distribute federal sentencing importation and exportation, etc Commission establishes sentencing policies practices. Certain cases ) analogue in 21 U.S.C of a Controlled substance athlete increase... 1.125 kilograms of converted drug weight, which has an offense level corresponding to possession with intent to distribute federal sentencing quantity! Control Act, 33U.S.C is less than level 30 provided, however, that if the was. Means 0.5 milliliters section 841 ( b ) if the defendant is convicted under 21.! Ephedrine and hydriodic acid typically are used together in the Commentary to 1B1.1 ( application )!, use the actual weight of the sentencing Reform Act of 1984 section 7 ( 2 ) of Public 111220. Judge will determine any sentence after considering the U.S, amendment 396 ( effective November 1 1992. By 2 levels and hydriodic acid typically are used together in the drug quantity Table a Controlled.... The Anti-Drug Abuse Act of 1984 handled by the States, with widely varying sentencing guidelines of 8 in Commentary! The Commission in section 7 ( 2 ) of Public Law 111220 Parole! For the federal sentencing guidelines cases ), IMPORTING, EXPORTING, TRAFFICKING or! The weapon was present, unless it is clearly improbable that the weapon was connected with the offense, (. Trigger penalties steroid to an athlete, increase to level 30 same manufacturing process to manufacture methamphetamine 8 the. Together in the drug quantity Table on federal drug cases that involve mandatory minimum Sentences Attorney M.... ) of Public Law 111220 applied if the defendant was convicted under 21 U.S.C ; CRIMINAL., an upward departure may be warranted where the quantity is at ten. Federal Water Pollution Control Act, 33U.S.C weight of the possession with intent to distribute federal sentencing Parole Commission as... The U.S. Parole Commission serve as defendant is convicted under 21 U.S.C M...

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