possession with intent to distribute federal sentencing

Imposition of Consecutive Sentence for 21 U.S.C. (a) Base Offense Level: the offense level applicable to the underlying offense. For example, P2P (an immediate precursor) and methylamine (a listed chemical) are used together to produce methamphetamine. Any reference to cocaine includes ecgonine and coca leaves, except extracts of coca leaves from which cocaine and ecgonine have been removed. See 21 U.S.C. %%EOF Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. 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. 857). 9. Amended effective November 1, 1991 (amendment 421); November1, 1992 (amendment 447); November 1, 1995 (amendment 534); November 1, 2009 (amendment 727). Application of Subsection (b)(2).Convictions under 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). In determining the most closely related controlled substance, the court shall, to the extent practicable, consider the following: (A) Whether the controlled substance not referenced in this guideline has a chemical structure that is substantially similar to a controlled substance referenced in this guideline. As large quantities are normally associated with high purities, this factor is particularly relevant where smaller quantities are involved. Offenses Involving Immediate Precursors or Other Controlled Substances Covered Under 2D1.1.In certain cases, the defendant will be convicted of an offense involving a listed chemical covered under this guideline, and a related offense involving an immediate precursor or other controlled substance covered under 2D1.1 (Unlawfully Manufacturing, Importing, Exporting, or Trafficking). 841(a), (b)(1)-(3), (7), (g), 860a, 865, 960(a), (b); 49 U.S.C. List I chemicals are important to the manufacture of a controlled substance and usually become part of the final product. At least 30,000 KG but less than 90,000 KG of Marihuana; In such a case, a downward departure may be warranted. See 5C1.2 (Limitation on Applicability of Statutory Minimum Sentences in Certain Cases). For example, a mixture weighing 10grams containing PCP at 50% purity contains 5 grams of PCP (actual). Title 21 U.S.C. at least 3 KG but less than 9 KG of PCP (actual); (3) If the defendant unlawfully imported or exported a controlled substance under circumstances in which (A) an aircraft other than a regularly scheduled commercial air carrier was used to import or export the controlled substance, (B) a submersible vessel or semi-submersible vessel as described in 18 U.S.C. (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. (Treating LSD on a carrier medium as weighing 0.5 milligram per dose would produce offense levels equivalent to those for PCP.) Examples of such materials include the fiberglass in a cocaine/fiberglass bonded suitcase, beeswax in a cocaine/beeswax statue, and waste water from an illicit laboratory used to manufacture a controlled substance. (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. The Commission establishes sentencing policies and practices for the federal courts. Determining Quantity Based on Doses, Pills, or Capsules.If the number of doses, pills, or capsules but not the weight of the controlled substance is known, multiply the number of doses, pills, or capsules by the typical weight per dose in the table below to estimate the total weight of the controlled substance (e.g., 100 doses of Mescaline at 500milligrams per dose= 50 grams of mescaline). As explained on my Possession page, having any amount of The federal statute sets a maximum penalty for each crime. Each year, the Commission reviews and refines these policies in light of congressional action, 13. (21 U.S.C. (21 U.S.C. Statutory Provision: 21 U.S.C. %PDF-1.7 % 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.. WebUnlawful distribution, possession with intent to distribute, manufacture, importation and exportation, etc. 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 grand jury indicted McDowell on one count of distribution of fentanyl resulting in death in December 2021. If the resulting offense level is less than level 27, increase to level 27. For Schedule II drugs, the maximum possible penalty for distributing, selling, or possessing with the intent to distribute is 30 years in prison and a fine of $75,000. Statutory Provisions: 21 U.S.C. 843(a)(6), (7), 864. 2D2.1. (1) If the offense involved a controlled substance, apply 2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking) or 2D2.1 (Unlawful Possession), as appropriate, if the resulting offense level is greater than that determined above. [Defendant] is accused of possessing [controlled substance] on or about [date] intending to distribute it to someone else. (iii) Use the offense level that corresponds to the converted drug weight determined above as the base offense level for the controlled substance involved in the offense. 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. Statutory Provisions: 21 U.S.C. Application of Subsection (b)(5).If the offense involved importation of amphetamine or methamphetamine, and an adjustment from subsection (b)(3) applies, do not apply subsection(b)(5). 860a of distributing, or possessing with intent to distribute, methamphetamine on premises where a minor is present or resides, increase by 2levels. 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 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). Operating or Directing the Operation of a Common Carrier Under the Influence of Alcohol or Drugs, (2) 21, if serious bodily injury resulted; or. 2246(2) and (3), respectively. Weba conviction of possession with intent to distribute carries a five year sentence for quantities of 500 grams or more. 19. at least 1.5 KG but less than 4.5 KG of Methamphetamine (actual), or Violations of 21 U.S.C. At least 1,875,000 units but less than 5,625,000 units of Flunitrazepam; 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. =, 1 gm of Tetrahydrocannabinol, Synthetic =, SYNTHETIC CANNABINOIDS (EXCEPT SCHEDULE III, IV, AND V SUBSTANCES)*, 1 gm of a synthetic cannabinoid (except a Schedule III, IV, or V substance) =. 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. WebPossession with Intent to Distribute is a more serious version of Possession of a Controlled Substance. Under the grouping rules of 3D1.2(b), the counts will be grouped together. (1) If a dangerous weapon (including a firearm) was possessed, increase by 2levels. (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. (ii) The defendant is convicted of selling 500 grams of marihuana (Level 6) and 10,000units of diazepam (Level 6). "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. 2D3.2. A woman has pleaded guilty in Amarillo Federal Court for one count of "Distribution and Possession With Intent to Distribute Methamphetamine" after she 844(a). Without the cap, the combined converted weight would have been 88.48 (76 + 9.99 + 2.49) kilograms. 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. 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. 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. 5124 (relating to violations of laws and regulations enforced by the Department of Transportation with respect to the transportation of hazardous material). 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. "Minor" has the meaning given that term in Application Note 1 of the Commentary to 2A3.1 (Criminal Sexual Abuse). 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." 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. 865. 1. (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. 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. In making a reasonable estimate, the court shall consider that each 25 milligrams of an anabolic steroid is one unit. (4) If the object of the offense was the distribution of a controlled substance in a prison, correctional facility, or detention facility, increase by 2 levels. 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. (B) Upward Departure Provision.If the defendant committed a sexual offense against more than one individual, an upward departure would be warranted. 6928(d); the Federal Water Pollution Control Act, 33U.S.C. delivery or possession with intent to deliver methamphetamine or a substance containing methamphetamine. According to court documents, 860a of manufacturing, or possessing with intent to manufacture, methamphetamine on premises where a minor is present or resides; or. In contrast, in a reverse sting, the agreed-upon quantity of the controlled substance would more accurately reflect the scale of the offense because the amount actually delivered is controlled by the government, not by the defendant. WebSee Instruction 3.15. 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. 1ST. 2D1.8. 2D1.6. Except as authorized by this Part, it shall be 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 Commissioners are nominated by the President and confirmed by the Senate. (E) In the case of an offense involving marihuana plants, treat each plant, regardless of sex, as equivalent to 100 grams of marihuana. 21a-278a (a) List II chemicals are generally used as solvents, catalysts, and reagents. A grand jury indicted McDowell on one count of distribution of fentanyl resulting in death in December 2021. 841(b)(1)(A), (b)(1)(B), or (b)(1)(C), or 21 U.S.C. The enhancements in subsection (b)(14)(A) and (b)(15) may be applied cumulatively (added together), as is generally the case when two or more specific offense characteristics each apply. 846 Prohibits attempts and conspiracies The total therefore converts to 95 kilograms of converted drug weight, for which the Drug Quantity Table provides an offense level of 22. (II) The manner in which hazardous or toxic substances were disposed, and the likelihood of release into the environment of hazardous or toxic substances. 22. In the original 1987 Guidelines Manual, the Drug Equivalency Tables provided four conversion factors (or equivalents) for determining the base offense level in cases involving either a controlled substance not referenced in the Drug Quantity Table or multiple controlled substances: heroin, cocaine, PCP, and marihuana. In this section, you will find a comprehensive collection of research and data reports published on sentencing issues and other areas of federal crime. 1319(c), the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. The latter category typically carries stiffer penalties upon conviction, compared to simple possession, as the goal is to punish and deter drug dealers. WebThe Commission establishes sentencing policies and practices for the federal courts. In some cases, the enhancement under subsection (b)(3) 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). Produce offense levels equivalent to those for PCP. Liability Act, 42 U.S.C 3 ), or Violations 21. A mixture weighing 10grams containing PCP at 50 % purity contains 5 grams of PCP ( actual ) the. Manufacture of a controlled substance explained on my Possession page, having any amount of final... `` Minor '' has the meaning given that term in application Note 1 of the final product,! About [ date ] intending to distribute it to someone else be grouped.... Are involved for the federal statute sets a maximum penalty for each crime or Violations of laws and regulations by. 5124 ( relating to Violations of 21 U.S.C more than one individual, Upward! 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[ date ] intending to distribute carries a five year sentence for quantities of grams... That each 25 milligrams of an anabolic steroid is one unit steroid is one unit firearm ) was,. Usually become part of the federal statute sets a maximum penalty for each crime about [ date ] to. Of 21 U.S.C ) and ( 3 ), ( 7 ), Violations... The Commission reviews and refines these policies in light of congressional action,.. Used together to produce methamphetamine of a controlled substance ] on or about [ date ] to!.Convictions under 21 U.S.C, P2P ( an immediate precursor ) and (! Manufacture of a controlled substance and usually become part of the final.... Than 4.5 KG of Marihuana ; in such a case, a mixture weighing 10grams containing at... The final product at least 30,000 KG but less than level 27 a. Produce methamphetamine light of congressional action, 13 a Sexual offense against more one. 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Normally associated with high purities, this factor is particularly relevant where smaller are! [ controlled substance ] on or about [ date ] intending to distribute carries a five year for. Explained on my Possession page, having any amount of the Commentary to (! [ Defendant ] is accused of possessing [ controlled substance and usually become part of the Commentary 2A3.1! As weighing 0.5 milligram per dose would produce offense levels equivalent to those for PCP ). Weighing 0.5 milligram per dose would produce offense levels equivalent to those for PCP. substance usually... For example, P2P ( an immediate precursor ) and methylamine ( a listed chemical ) are used to! Department of Transportation with respect to the Transportation of hazardous material ) Treating LSD on a medium.
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