See 5C1.2 (Limitation on Applicability of Statutory Minimum Sentences in Certain Cases). Federal prosecutors allege one person died from a fentanyl overdose after purchasing pills that were furnished by Watson, according to the criminal complaint filed 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). (1) The offense level from 2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy) applicable to the underlying offense, except that 2D1.1(a)(5)(A), (a)(5)(B), and (b)(18) shall not apply. 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 841(b)(1)), as the primary basis for the guideline sentences. The total therefore converts to 23.142 kilograms of converted drug weight, which has an offense level of 16 in the Drug Quantity Table. 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). Application of Subsections (b)(1) and (b)(2).. Nonetheless, there may be cases in which the substance involved in the offense is a synthetic cannabinoid not combined with any other substance. In this case, the base offense level would be level 36. Historical Note: Section 2D1.3 (Distributing Controlled Substances to Individuals Younger than Twenty-One Years, to Pregnant Women, or Within 1000 Feet of a School or College), effective November 1, 1987, amended effective January15, 1988 (amendment 23), was deleted by consolidation with 2D1.2 effective November 1, 1989 (amendment 135). 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. Historical Note: Effective November 1, 1987. (15) If (A) the offense involved the cultivation of marihuana on state or federal land or while trespassing on tribal or private land; and (B) the defendant receives an adjustment under 3B1.1 (Aggravating Role), increase by 2levels. Web21 U.S.C. (1) If a victim was killed under circumstances that would constitute murder under 18 U.S.C. Regulatory Offenses Involving Controlled Substances or Listed Chemicals; Attempt or Conspiracy. Manufacture; distribution. 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 841 (a) (1) See Statute. (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. 3. PAUL A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine after law enforcement seized a pound of 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. Drug possession offenses are largely handled by the states, with widely varying sentencing guidelines. Historical Note: Effective November 1, 1987. Statutory Provisions: 21 U.S.C. In such a case, a departure may be warranted. SeeUSSG App. 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. Subsection (b)(11) implements the directive to the Commission in section 6(1) of Public Law 111220. (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. Drug possession laws generally fall into one of two main categories: Simple possession (for personal use); and Possession with intent to distribute. PAUL, Minn. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine, announced United States Attorney Andrew M. Luger. 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. (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. 2D1.5. Use of Communication Facility in Committing Drug Offense; Attempt or Conspiracy. (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. 12. 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. *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. Consequently, the Commission adopted the policy that each plant is to be treated as the equivalent of an attempt to produce 100 grams of marihuana, except where the actual weight of the usable marihuana is greater. Statutory Provisions: 21 U.S.C. 843(a)(3). Statutory Provisions: 21 U.S.C. The converted drug weight for the Schedule V substance is subject to the cap of 2.49 kilograms set forth as the maximum converted weight for Schedule V substances (without the cap it would have been 3.75 kilograms). 865 would achieve the "total punishment" in a manner that satisfies the statutory requirement of a consecutive sentence. (1) Any person who assembles, maintains, places, or causes to be placed a boobytrap on Federal property where a controlled substance is being manufactured, distributed, or dispensed shall be sentenced to a term of imprisonment for not more than 10 years or fined under Title 18, or both. 2007). 2D1.9. If the resulting offense level is less than level 30, increase to level 30. Statutory Provisions: 21 U.S.C. WebSee Instruction 3.15. (11) If the defendant bribed, or attempted to bribe, a law enforcement officer to facilitate the commission of the offense, increase by 2 levels. 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). 5. The marihuana converts to 500 grams of converted drug weight. 5124 (relating to violations of laws and regulations enforced by the Department of Transportation with respect to the transportation of hazardous material). 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. This was to be expected due to the drop in the number of these charges being filed, as described above. This new law made many drug possession offenses punishable as a misdemeanor only and allowed those serving time in a state prison for drug possession charges to petition the court for resentencing. 9603(b), and 49 U.S.C. 841(b)(1)(E) or 21 U.S.C. For example, a defendant agrees to sell 500 grams of cocaine, the transaction is completed by the delivery of the controlled substance actually 480 grams of cocaine, and no further delivery is scheduled. 21a-278a (a) Ephedrine and hydriodic acid typically are used together in the same manufacturing process to manufacture methamphetamine. 3. At least 15 KG but less than 45 KG of Amphetamine, or 25. hb```),,@( (5) If the defendant is convicted under 21 U.S.C. 3553(f) provides an exception to the applicability of mandatory minimum sentences in certain cases. For the purposes of the guidelines, the classification of the controlled substance under 21 C.F.R. 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. Historical Note: Effective November 1, 1987. (3) 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. (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. 1308.11(d)(31)), (ii) at least two of the following: cannabinol, cannabidiol, or cannabichromene, and (iii) fragments of plant material (such as cystolith fibers). 843(a)(6), (7), 864. (4) If the offense involved stealing anhydrous ammonia or transporting stolen anhydrous ammonia, increase by 6 levels. 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. (C) Examples for Combining Differing Controlled Substances.. The typical case addressed by this guideline involves possession of a controlled substance by the defendant for the defendant's own consumption. (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. If the offense involved both a substantive drug offense and an attempt or conspiracy (e.g.,sale of five grams of heroin and an attempt to sell an additional ten grams of heroin), the total quantity involved shall be aggregated to determine the scale of the offense. (II) The manner in which hazardous or toxic substances were disposed, and the likelihood of release into the environment of hazardous or toxic substances. Historical Note:Effective November 1, 1991 (amendment 371). (C) the defendant had minimal knowledge of the scope and structure of the enterprise. 2D2.2. Acquiring a Controlled Substance by Forgery, Fraud, Deception, or Subterfuge; Attempt or Conspiracy. (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. (A) If the offense involved the manufacture of amphetamine or methamphetamine, increase by 3 levels. Application of Subsection (e)(1).. Cases Involving Mandatory Minimum Penalties.Where a mandatory (statutory) minimum sentence applies, this mandatory minimum sentence may be waived and a lower sentence imposed (including a downward departure), as provided in 28 U.S.C. 4. =, 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) =. For example, ephedrine reacts with other chemicals to form methamphetamine. 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). 841(c)(2) and (f)(1), and 960(d)(2), (d)(3), and (d)(4) do not require that the defendant have knowledge or an actual belief that the listed chemical was to be used to manufacture a controlled substance unlawfully. Subsection (b)(2) implements the directive to the Commission in section 5 of Public Law111220. 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. A grand jury indicted McDowell on one count of distribution of fentanyl resulting in death in December 2021. If such material cannot readily be separated from the mixture or substance that appropriately is counted in the Drug Quantity Table, the court may use any reasonable method to approximate the weight of the mixture or substance to be counted. 6. 21a-277 (a) and (b) 8.1-2 Sale or Possession with Intent to Sell a Controlled Substance by a Non-Drug-Dependent Person -- Sec. As large quantities are normally associated with high purities, this factor is particularly relevant where smaller quantities are involved. 21. 2. (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). (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. In this section, you will find resources to assist you in understanding and applying the federal sentencing guidelines. This is a 100:1 quantity ratio. (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. 845a), 861 (formerly 21 U.S.C. At least 15 KG but less than 45 KG of Methamphetamine, or at least 1.5 KG but less than 4.5 KG of Methamphetamine (actual), or Regulatory Offenses Involving Registration Numbers; Unlawful Advertising Relating to Scheduled Substances; Attempt or Conspiracy. 2D1.6. [Subsection (c) (Drug Quantity Table) is set forth after subsection (e) (Special Instruction).]. The USSC HelpLine assists practitioners in applying the guidelines. (A) Application of Subsection (b)(1).Definitions of firearm and dangerous weapon are found in the Commentary to 1B1.1 (Application Instructions). 1319(c), the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. To facilitate conversions to converted drug weight, the following table is provided: 9. 4. Subsection (b)(17) implements the directive to the Commission in section 7(2) of Public Law 111220. 70506)1 1st offense Substance (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. 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. Under this format, a dealer charged with trafficking 400 grams of powder, worth 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. 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 720 ILCS 646/55. (B) Upward Departure Provision.If the defendant committed a sexual offense against more than one individual, an upward departure would be warranted. See 5C1.2 (Limitation on Applicability of Statutory Minimum Sentences in Certain Cases). (ii) Find the corresponding converted drug weight in the Drug Quantity Table. 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). (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. Placing or Maintaining Dangerous Devices on Federal Property to Protect the Unlawful Production of Controlled Substances; Attempt or Conspiracy. I cover safety valve in great detail for your benefit. (E) In the case of an offense involving marihuana plants, treat each plant, regardless of sex, as equivalent to 100 grams of marihuana. 2D1.10. For additional statutory provision(s), see Appendix A (Statutory Index). Drug Offenses Occurring Near Protected Locations or Involving Underage or Pregnant Individuals; Attempt or Conspiracy. 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 At least 150 KG but less than 450 KG of Cocaine; (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. WebUnlawful distribution, possession with intent to distribute, manufacture, importation and exportation, etc. 2. Note, however, that 18 U.S.C. 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). 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. 2D1.2. (iii) The duration of the offense, and the extent of the manufacturing operation. Background: This section covers the use of a communication facility in committing a drug offense. Drug possession laws generally fall into one of two main categories: Simple possession (for personal use); and; Possession with intent to distribute. In such cases, an upward departure may be warranted. If the substance (except gamma-hydroxybutyric acid) is in liquid form, one unit means 0.5 milliliters. Renting or Managing a Drug Establishment; Attempt or Conspiracy. 1308.1315 even though they contain a small amount of a Schedule I or II controlled substance. 1ST. (Methamphetamine and Amphetamine Precursor Chemicals). (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. The terms Hydrocodone (actual) and Oxycodone (actual) refer to the weight of the controlled substance, itself, contained in the pill, capsule, or mixture. 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. 2D1.13. Section 841 (a) makes it unlawful to knowingly or intentionally possess with intent to distribute any controlled substance. 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). (i) the defendant was convicted under 21 U.S.C. When the guidelines are amended, a subsequent, In this section, you will find the Commissions comprehensive archive of yearly amendments and. Background: Subsection (b)(1) implements the instruction to the Commission in section 102 of Public Law 106310. 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 For you to find [defendant] guilty of this crime you must be convinced that the government has proven each of these things beyond a reasonable doubt: 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. The amount of ephedrine directly affects the amount of methamphetamine produced. WebIf the charge is possession with the intent to distribute a Schedule I drug, like heroin, the maximum penalty is 30 years in prison or a fine of $75,000. 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. 1ST. 46317(b). 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). 841(b)(1)(A), (b)(1)(B), or (b)(1)(C), or 21 U.S.C. Below is a sampling of state penalties pertaining to drug possession: Washington Up to five years in prison and/or a fine of up to $10,000 for possession of any amount of heroin (double penalties for subsequent offenses). If the offense involved the large-scale manufacture, distribution, transportation, exportation, or importation of prohibited flasks, equipment, chemicals, products, or material, an upward departure may be warranted. (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. WebUnlawful distribution, possession with intent to distribute, manufacture, importation and exportation, etc. (C) In a case involving ephedrine, pseudoephedrine, or phenylpropanolamine tablets, use the weight of the ephedrine, pseudoephedrine, or phenylpropanolamine contained in the tablets, not the weight of the entire tablets, in calculating the base offense level. Cannabinoid not combined with any other substance Table ) is set forth after subsection ( C ) defendant! Form, one unit means 0.5 milliliters Bemidji man has pleaded guilty to possession with intent to distribute manufacture. One individual, an upward departure may be cases in which the involved. On one count of distribution of fentanyl resulting in death in December 2021 conversions to converted drug weight in number. Statutory provision ( s ), ( 7 ), 864 ( Statutory Index ) ]! Used together in the offense involved the manufacture of amphetamine or methamphetamine, increase to level 30,! 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