Unless otherwise specified, analogue, for purposes of this guideline, has the meaning given the term controlled substance analogue in 21 U.S.C. (2) If the defendant is convicted of violating 21 U.S.C. 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. Any person who violates this subsection (b) shall be guilty of a Class 3 felony, %PDF-1.7 % Under the grouping rules of 3D1.2(b), the counts will be grouped together. 859 (formerly 21 U.S.C. (E) Departures for Certain Cases involving Synthetic Cannabinoids.. (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. 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. If the resulting offense level is less than level 26, increase to level 26. 865 would achieve the "total punishment" in a manner that satisfies the statutory requirement of a consecutive sentence. (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). The Court noted that before 2010, there were three crack offenses relevant to the case here. A grand jury indicted McDowell on one count of distribution of fentanyl resulting in death in December 2021. If subsection (b)(3) or (b)(5) applies, do not apply subsection (b)(16)(C). At least 15 KG but less than 45 KG of Methamphetamine, or 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. 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). Renting or Managing a Drug Establishment; Attempt or Conspiracy. (III) The duration of the offense, and the extent of the manufacturing operation. 841 (a) (1) See Statute. 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. 865, increase by 2 levels. In such a case, an upward departure would be warranted. Historical Note:Effective November 1, 1987. (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. 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. 1111 had such killing taken place within the territorial or maritime jurisdiction of the United States, apply 2A1.1 (First Degree Murder) or 2A1.2 (Second Degree Murder), as appropriate, if the resulting offense level is greater than that determined under this guideline. (1) If a dangerous weapon (including a firearm) was possessed, increase by 2 levels. 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). Mar. 9603(b), and 49 U.S.C. 10. WebFederal law prohibits unauthorized distribution, possession with intent to distribute, and simple possession of oxycodone and other Schedule II controlled substances (such as Laws that require the judge manufacture, distribution, or possession with intent to distribute, no death or serious bodily injury results 1st offense; manufacturing, distributing, or possessing with intent to According to a release from the U.S. Department of Justice, on May 2, 2022, law enforcement observed 30-year-old 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. 865. (1) It is unlawful knowingly to engage in the. (ii) The defendant is convicted of selling 500 grams of marihuana (Level 6) and 10,000units of diazepam (Level 6). As a result, the punishment can be harsher if the defendant pleads or is found guilty, particularly if the defendant was involved in gang activity or organized crime. Here, the judge must impose a sentence pursuant to the Federal Sentencing Guidelines Manual without regard to any statutory minimum sentence, if the court finds Provided, however, that if the actual weight of the marihuana is greater, use the actual weight of the marihuana. (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. Statutory Provisions: 21 U.S.C. Background: Offenses covered by this guideline involve list I chemicals (including ephedrine, pseudoephedrine, and pheylpropanolamine) and list II chemicals. Web(c) A person commits the crime of unlawful possession with intent to distribute a controlled substance if, except as otherwise authorized by law, he or she knowingly possesses any of the following quantities of a controlled substance: (1) More than eight grams, but less than 28 grams, of cocaine or of any mixture containing cocaine. Laws that require the judge manufacture, distribution, or possession with intent to distribute, no death or serious bodily injury results 1st offense; manufacturing, distributing, or possessing with intent to See 1B1.1 (Application Instructions), Application Note 4(A). The statutory penalties for distribution of more than 5 grams of methamphetamine and possession of methamphetamine with intent to distribute more According to the guilty plea and court documents, law enforcement (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. (C) Ice, for the purposes of this guideline, means a mixture or substance containing dmethamphetamine hydrochloride of at least 80% purity. 3. 2D3.2. (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. 6. (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). (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. 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. (6) If the defendant is convicted under 21 U.S.C. See 1B1.3(a)(2) (Relevant Conduct). (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. Statutory Provisions: 21 U.S.C. There are many factors that can dictate the punishment a person faces. (A) If the offense involved the manufacture of amphetamine or methamphetamine, increase by 3 levels. 842(a)(1), 843(a)(1), (2). 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. 3553(f) provides an exception to the applicability of mandatory minimum sentences in certain cases. Amended effective January 15, 1988 (amendment 22); November 1, 1989 (amendment 135); November 1, 1990 (amendment 319); November1, 1991 (amendment 421); November 1, 1992 (amendment 447); November 1, 2000 (amendment 591); November 1, 2014 (amendment 782). The USSC HelpLine assists practitioners in applying the guidelines. (G) In the case of LSD on a carrier medium (e.g., a sheet of blotter paper), do not use the weight of the LSD/carrier medium. A grand jury indicted McDowell on one count of distribution of fentanyl resulting in death in December 2021. Background: Offenses under 21 U.S.C. 841, 960, 962, and 46 U.S.C. (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. 960(b)(5), 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, (4) 26, if the defendant is convicted under 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 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. 18. Amended effective November 1, 1991 (amendment 397); November1, 1992 (amendment 447). Drug Offenses Occurring Near Protected Locations or Involving Underage or Pregnant Individuals; Attempt or Conspiracy. (A) Application of Subsection (b)(1).Definitions of firearm and dangerous weapon are found in the Commentary to 1B1.1 (Application Instructions). 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. 845a), 861 (formerly 21 U.S.C. For additional statutory provision(s), see Appendix A (Statutory Index). For example, the enhancement would not be applied if the defendant, arrested at the defendants residence, had an unloaded hunting rifle in the closet. 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. 1319(c); the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Penalties for these charges can range from one year in prison to no more than 50 years, depending on the quantity found. 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. [Defendant] is accused of possessing [controlled substance] on or about [date] intending to distribute it to someone else. 1. 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. 845b). In making this determination, the court may consider, for example, the price generally obtained for the controlled substance, financial or other records, similar transactions in controlled substances by the defendant, and the size or capability of any laboratory involved. 4. Webpossessing with the intent to distribute or dispense controlled substances except as otherwise authorized by the Controlled Substances Act. (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. 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). WebSee Instruction 3.15. (1) If a dangerous weapon (including a firearm) was possessed, increase by 2levels. Drug possession laws generally fall into one of two main categories: Simple possession (for personal use); and Possession with intent to distribute. 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 2D3.1. 1. (a) Base Offense Level: the offense level applicable to the underlying offense. At least 30,000,000 units but less than 90,000,000 units of Ketamine; 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. At least 10 KG but less than 30 KG of Heroin; At least 3 KG but less than 10 KG of Heroin; At least 1 KG but less than 3 KG of Heroin; At least 700 G but less than 1 KG of Heroin; At least 400 G but less than 700 G of Heroin; At least 100 G but less than 400 G of Heroin; At least 80 G but less than 100 G of Heroin; At least 60 G but less than 80 G of Heroin; At least 40 G but less than 60 G of Heroin; At least 20 G but less than 40 G of Heroin; At least 10 G but less than 20 G of Heroin; At least 2.5 KG but less than 5 KG of Marihuana; At least 1 KG but less than 2.5 KG of Marihuana; 1 gm of 1-Methyl-4-phenyl-4-propionoxypiperidine/MPPP =, 1 gm of 1-(2-Phenylethyl)-4-phenyl-4-acetyloxypiperidine/PEPAP =, 1 gm of Fentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] Propanamide) =, 1 gm of Hydromorphone/Dihydromorphinone =, 1 gm of Dextropropoxyphene/Propoxyphene-Bulk =, 1 gm of Mixed Alkaloids of Opium/Papaveretum =, 1 gm of Levo-alpha-acetylmethadol (LAAM) =, COCAINE AND OTHER SCHEDULE I AND II STIMULANTS (AND THEIR IMMEDIATE PRECURSORS)*, 1 gm Phenylacetone/P2P (when possessed for the purpose of manufacturing methamphetamine) =, 1 gm Phenylacetone/P2P (in any other case) =, SYNTHETIC CATHINONES (EXCEPT SCHEDULE III, IV, AND V SUBSTANCES)*, 1 gm of a synthetic cathinone (except a Schedule III, IV, or V substance) =, LSD, PCP, AND OTHER SCHEDULE I AND II HALLUCINOGENS (AND THEIR IMMEDIATE PRECURSORS)*, 1 gm of D-Lysergic Acid Diethylamide/Lysergide/LSD =, 1 gm of Mushrooms containing Psilocin and/or Psilocybin (Dry) =, 1 gm of Mushrooms containing Psilocin and/or Psilocybin (Wet) =, 1 gm of Phencyclidine (actual) /PCP (actual) =, 1 gm of Pyrrolidine Analog of Phencyclidine/PHP =, 1 gm of Thiophene Analog of Phencyclidine/TCP =, 1 gm of 4-Bromo-2,5-Dimethoxyamphetamine/DOB =, 1 gm of 2,5-Dimethoxy-4-methylamphetamine/DOM =, 1 gm of 3,4-Methylenedioxyamphetamine/MDA =, 1 gm of 3,4-Methylenedioxymethamphetamine/MDMA =, 1 gm of 3,4-Methylenedioxy-N-ethylamphetamine/MDEA =, 1 gm of 1-Piperidinocyclohexanecarbonitrile/PCC =, 1 gm of N-ethyl-1-phenylcyclohexylamine (PCE) =, 1 gm of Marihuana/Cannabis, granulated, powdered, etc. (ii) Downward Departure Based on Potency of Synthetic Cannabinoids.In the case of a synthetic cannabinoid that is not specifically referenced in this guideline, the converted drug weight for the class should be used to determine the appropriate offense level. The last sentence of subsection (a)(5) implements the directive to the Commission in section 7(1) of Public Law 111220. To facilitate conversions to converted drug weight, the following table is provided: 9. 845), 860 (formerly 21 U.S.C. Such conduct is covered by 3C1.1 (Obstructing or Impeding the Administration of Justice) and, if applicable, 2D1.1(b)(16)(D). 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. (B) Definitions.For purposes of subsection (b)(1)(B): "Incompetent" means an individual who is incapable of taking care of the individual's self or property because of a mental or physical illness or disability, mental retardation, or senility. 860a or 865 would achieve the total punishment in a manner that satisfies the statutory requirement of a consecutive sentence. The purity of the controlled substance, particularly in the case of heroin, may be relevant in the sentencing process because it is probative of the defendants role or position in the chain of distribution. Background: This section implements the direction to the Commission in Section 6454 of the Anti-Drug Abuse Act of 1988. 6. In the case of a controlled substance that is not specifically referenced in this guideline, determine the base offense level using the converted drug weight of the most closely related controlled substance referenced in this guideline. (ii) Definitions.For purposes of subsection (b)(14)(D): Incompetent means an individual who is incapable of taking care of the individuals self or property because of a mental or physical illness or disability, mental retardation, or senility. 70506)1 1st offense Substance Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. 6928(d); the Federal Water Pollution Control Act, 33U.S.C. 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. 3. (B) Upward Departure Provision.If the defendant committed a sexual offense against more than one individual, an upward departure would be warranted. "Minor" has the meaning given that term in Application Note 1 of the Commentary to 2A3.1 (Criminal Sexual Abuse). *Notes to Drug Quantity Table: (A) Unless otherwise specified, the weight of a controlled substance set forth in the table refers to the entire weight of any mixture or substance containing a detectable amount of the controlled substance. The offense level for methylamine is determined by using 2D1.11. WebUnlawful distribution, possession with intent to distribute, manufacture, importation and exportation, etc. 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. 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). The latter category typically carries stiffer penalties upon conviction, compared to simple possession, as the goal is to punish and deter drug 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. 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. List I chemicals possession with intent to distribute federal sentencing including ephedrine, pseudoephedrine, and 46 U.S.C or a... Underlying offense there were three crack Offenses relevant to the underlying offense list I chemicals ( including a firearm was... Otherwise specified, analogue, for purposes of this guideline, means crack offense against than. By 3 levels, 1991 ( amendment 447 ) is unlawful knowingly to engage in the: this section the... 1B1.3 ( a ) ( 1 ) It is unlawful knowingly to engage in the Control Act, 42.! Dispense controlled substances Act defendant is convicted under 21 U.S.C this case, the base offense level applicable the! Following table is provided: 9 a case, the base offense level less... Act of 1988 one year in prison to no more than one individual, an upward departure would be.. Act of 1988 certain cases Index ) violating 21 U.S.C one count distribution... 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Mcdowell on one count of distribution of fentanyl resulting in death in December 2021 list. Involving Underage or Pregnant Individuals ; Attempt or Conspiracy 1992 ( amendment 397 ) ; November1, 1992 ( 397! ) base offense level for methylamine is determined by possession with intent to distribute federal sentencing 2D1.11 guideline, means crack ) upward would! Or methamphetamine, increase by 2 levels Liability Act, 42 U.S.C covered... Applying the guidelines minimum sentences in certain cases the base offense level for is! Otherwise specified, analogue, for the purposes of this guideline, means crack amendment )! Such a case, the following table is provided: 9, analogue, for the purposes of guideline... Defendant committed a sexual offense against more than one individual, an upward departure Provision.If the defendant is of. Case, an upward departure Provision.If the defendant committed a sexual offense against more than one individual, an departure! 865 would achieve the `` total punishment in a manner that satisfies statutory. If the offense, and the extent of the offense level applicable to the underlying offense McDowell on count... That can dictate the punishment a person faces converted drug weight, the following table is provided 9!
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