859 (formerly 21 U.S.C. 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. 860a or 865. %PDF-1.7 % 9603(b), and 49 U.S.C. [Subsection (c) (Drug Quantity Table) is set forth after subsection (e) (Special Instruction).]. 1. (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. 841(b)(4), is treated as simple possession, to which 2D2.1 applies. (17) If the defendant receives the 4-level (minimal participant) reduction in 3B1.2(a) and the offense involved all of the following factors: (A) the defendant was motivated by an intimate or familial relationship or by threats or fear to commit the offense and was otherwise unlikely to commit such an offense; (B) the defendant received no monetary compensation from the illegal purchase, sale, transport, or storage of controlled substances; and. 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. (21 U.S.C. The converted drug weight for the Schedule III substance is 76kilograms (below the cap of 79.99 kilograms of converted drug weight set forth as the maximum converted weight for Schedule III substances). A sentence resulting from a conviction sustained prior to the last overt act of the instant offense is to be considered a prior sentence under 4A1.2(a)(1) and not part of the instant offense. Amended effective November 1, 1991 (amendment 397); November1, 1992 (amendment 447). According to court documents, 841 (a) (1) See Statute. (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. 70506)1 1st offense Substance Amount Fine Imprisonment Heroin 1 kilogram2 or more $10/50 million 10 years to life 100 to 999 grams $5/25 million 5 to 40 years 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)). 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. (a) Base Offense Level (Apply the greatest): (1) 43, if the defendant is convicted under 21 U.S.C. 1. Statutory Provision: 21 U.S.C. Drug possession laws generally fall into one of two main categories: Simple possession (for personal use); and; Possession with intent to distribute. 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. 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 1B1.3(a)(2) (Relevant Conduct). For additional statutory provision(s), see Appendix A (Statutory Index). 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. The number of prison sentences for possession with intent to distribute charges has significantly decreased, according to data from the Oklahoma Department of Corrections from January 1, 2017 to February 29, 2020. 6928(d), the Federal Water Pollution Control Act, 33 U.S.C. If the resulting offense level is less than level 27, increase to level 27. Application of Subsection (c)(1)."Offense involved unlawfully manufacturing a controlled substance or attempting to manufacture a controlled substance unlawfully," as used in subsection (c)(1), means that the defendant, or a person for whose conduct the defendant is accountable under 1B1.3 (Relevant Conduct), completed the actions sufficient to constitute the offense of unlawfully manufacturing a controlled substance or attempting to manufacture a controlled substance unlawfully. 9. 1ST. Historical Note:Effective November 1, 1991 (amendment 371). 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. The Commission establishes sentencing policies and practices for the federal courts. WebSee Instruction 3.15. 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. At least 30 KG but less than 90 KG of Heroin; In such a case, a departure may be warranted. 15. 6928(d); the Federal Water Pollution Control Act, 33U.S.C. (a) Base Offense Level (Apply the greater): (1) 4 plus the offense level from 2D1.1 applicable to the underlying offense; or. 865 would achieve the "total punishment" in a manner that satisfies the statutory requirement of a consecutive sentence. (12) If the defendant maintained a premises for the purpose of manufacturing or distributing a controlled substance, increase by 2levels. The Typical Weight Per Unit Table, prepared from information provided by the Drug Enforcement Administration, displays the typical weight per dose, pill, or capsule for certain controlled substances. 1314 0 obj <>stream Sentencing Guidelines and other statutory factors. 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. 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. (K) The term Converted Drug Weight, for purposes of this guideline, refers to a nominal reference designation that is used as a conversion factor in the Drug Conversion Tables set forth in the Commentary below, to determine the offense level for controlled substances that are not specifically referenced in the Drug Quantity Table or when combining differing controlled substances. The marihuana converts to 500 grams of converted drug weight. (1) If a dangerous weapon (including a firearm) was possessed, increase by 2levels. Any person who manufactures or distributes Amended effective November 1, 2010 (amendments746 and 748); November 1, 2011 (amendment 750); November 1, 2014 (amendment 783); November 1, 2018 (amendment 807). PAUL, Minn. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine, announced United States Attorney Andrew M. Luger. (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. In addition, 18 U.S.C. For example, in the Drug Conversion Tables set forth in this Note, 1 gram of a substance containing oxymorphone, a Schedule I opiate, converts to 5kilograms of converted drug weight. Amended effective November 1, 1991 (amendment 394); November1, 1992 (amendments 447 and 448); November1, 2002 (amendment 640). The typical case addressed by this guideline involves possession of a controlled substance by the defendant for the defendant's own consumption. at least 1.5 KG but less than 4.5 KG of Amphetamine (actual); 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, (Methamphetamine and Amphetamine Precursor Chemicals). 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. (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. The combined converted weight, determined by adding together the above amounts, is subject to the cap of 79.99 kilograms of converted drug weight set forth as the maximum combined converted weight for Schedule III, IV, and V substances. "Minor" has the meaning given that term in Application Note 1 of the Commentary to 2A3.1 (Criminal Sexual Abuse). WebST. Under the grouping rules of 3D1.2(b), the counts will be grouped together. 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). Web21 U.S.C. (C) Ice, for the purposes of this guideline, means a mixture or substance containing dmethamphetamine hydrochloride of at least 80% purity. (3) 4, if the substance is any other controlled substance or a list I chemical. 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. Subsection (b)(11) implements the directive to the Commission in section 6(1) of Public Law 111220. 848, certain conduct for which the defendant has previously been sentenced may be charged as part of the instant offense to establish a "continuing series of violations." 1. 2246(2) and (3), respectively. 960(b)(5), and the offense of conviction establishes that death or serious bodily injury resulted from the use of the substance; or. Offenses covered by this guideline may vary widely with regard to harm and risk of harm. 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. 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). At least 3 KG but less than 9 KG of Ephedrine; At least 1 KG but less than 3 KG of Ephedrine; At least 300 G but less than 1 KG of Ephedrine; At least 100 G but less than 300 G of Ephedrine; At least 70 G but less than 100 G of Ephedrine; At least 40 G but less than 70 G of Ephedrine; At least 10 G but less than 40 G of Ephedrine; At least 8 G but less than 10 G of Ephedrine; At least 6 G but less than 8 G of Ephedrine; At least 4 G but less than 6 G of Ephedrine; At least 2 G but less than 4 G of Ephedrine; At least 1 G but less than 2 G of Ephedrine; The Commission promulgates guidelines that judges consult when sentencing federal offenders. At least 15 KG but less than 45 KG of Amphetamine, or Historical Note: Effective November 1, 1987. 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. Use of Communication Facility in Committing Drug Offense; Attempt or Conspiracy. 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). The total therefore converts to 23.142 kilograms of converted drug weight, which has an offense level of 16 in the Drug Quantity Table. Note, however, that 18 U.S.C. (III) The duration of the offense, and the extent of the manufacturing operation. Subsection (b)(2) 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. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine. (9) If the defendant distributed an anabolic steroid to an athlete, increase by 2 levels. (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. (Treating LSD on a carrier medium as weighing 0.5 milligram per dose would produce offense levels equivalent to those for PCP.) 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