|&`A'girQ!,|^k,b
h0731Yfx` ,u'VeTB*g#-y00. Distribution or intent to sell between 28-140 grams is a Class IC felony, which invokes a minimum five years and up to 50 years. 70506)1 1st offense Substance Drug possession offenses are largely handled by the states, with widely varying sentencing guidelines. He pled If the resulting offense level is less than level 26, increase to level 26. Penalty for distribution or possession with intent to distribute narcotic drugs listed in Schedule I; possession of marijuana, synthetic cannabinoids, and heroin A. Statutory Provisions: 21 U.S.C. To facilitate conversions to converted drug weight, the following table is provided: 9. 860a or 865. 841(c)(3), (f)(1), 843(a)(4)(B), (a)(8). 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. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine. An adjustment from Chapter Three, Part B is not authorized because the offense level of this guideline already reflects an adjustment for role in the offense. 3553(f) provides an exception to the applicability of mandatory minimum sentences in certain cases. 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. 1. For example, an upward departure may be warranted in cases involving MDPV, a substance of which a lesser quantity is usually needed to produce an effect on the central nervous system similar to the effect produced by a typical synthetic cathinone. 2. (12) If the defendant maintained a premises for the purpose of manufacturing or distributing a controlled substance, increase by 2levels. 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. As explained on my Possession page, having any amount of (a) Base Offense Level (Apply the greatest): (1) 43, if the defendant is convicted under 21 U.S.C. endstream
endobj
startxref
Subsection (a)(2) does not apply unless the defendant had no participation in the underlying controlled substance offense other than allowing use of the premises. 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. Such conduct is covered by 3C1.1 (Obstructing or Impeding the Administration of Justice) and, if applicable, 2D1.1(b)(16)(D). 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 Provision: 21 U.S.C. 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). Application of Subsection (b)(9).For purposes of subsection (b)(9), athlete means an individual who participates in an athletic activity conducted by (A) an intercollegiate athletic association or interscholastic athletic association; (B) a professional athletic association; or (C) an amateur athletic organization. The base offense levels in 2D1.1 are either provided directly by the Anti-Drug Abuse Act of 1986 or are proportional to the levels established by statute, and apply to all unlawful trafficking. Ephedrine and hydriodic acid typically are used together in the same manufacturing process to manufacture methamphetamine. See 1B1.2(a). For additional statutory provision(s), see Appendix A (Statutory Index). 24. 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)). 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. 1. WebSee Instruction 3.15. In some cases, the enhancement under subsection (b)(2) 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). Application of Subsection (b)(1)."Firearm" and "dangerous weapon" are defined in the Commentary to 1B1.1 (Application Instructions). According to the guilty plea and court documents, law enforcement Mixture or substance does not include materials that must be separated from the controlled substance before the controlled substance can be used. 1. Historical Note: Effective November 1, 1991 (amendment 371). Because LSD typically is marketed and consumed orally on a carrier medium, the inclusion of some weight attributable to the carrier medium recognizes (A) that offense levels for most other controlled substances are based upon the weight of the mixture containing the controlled substance without regard to purity, and (B) the decision in Chapman v. United States, 500U.S. 453 (1991) (holding that the term mixture or substance in 21 U.S.C. PAUL, Minn. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine, announced United States Attorney Andrew M. Luger. At the same time, the weight per dose selected is less than the weight per dose that would equate the offense level for LSD on a carrier medium with that for the same number of doses of PCP, a controlled substance that comparative assessments indicate is more likely to induce violent acts and ancillary crime than is LSD. In a case involving a large-scale dealer, distributor, or manufacturer, an upward departure may be warranted. 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. Additionally, in determining the amount of restitution under 5E1.1 (Restitution) and in fashioning appropriate conditions of probation and supervision under 5B1.3 (Conditions of Probation) and 5D1.3 (Conditions of Supervised Release), respectively, any costs of environmental cleanup and harm to individuals or property shall be considered by the court in cases involving the manufacture of amphetamine or methamphetamine and should be considered by the court in cases involving the manufacture of a controlled substance other than amphetamine or methamphetamine. For example, if the applicable adjusted guideline range is 151-188 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. In a case in which the defendant possessed or distributed the listed chemical without such knowledge or belief, a 3-level reduction is provided to reflect that the defendant is less culpable than one who possessed or distributed listed chemicals knowing or believing that they would be used to manufacture a controlled substance unlawfully. (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. Acquiring a Controlled Substance by Forgery, Fraud, Deception, or Subterfuge; Attempt or Conspiracy. 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. 865, specifying the number of months to be served consecutively for the conviction under 21 U.S.C. Historical Note: Effective November 1, 1987. For example, P2P (an immediate precursor) and methylamine (a listed chemical) are used together to produce methamphetamine. At least 30,000,000 units but less than 90,000,000 units of 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. 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. 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. 2D2.3. At least 15 KG but less than 45 KG of Methamphetamine, or 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. (b) Specific Offense Characteristics. In this section, you will find resources to assist you in understanding and applying the federal sentencing guidelines. Do not apply any adjustment from Chapter Three, Part B (Role in the Offense). 1319(c), the Comprehensive Environmental Response, Compensation, and Liability Act, 42 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. 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. (18) 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. (iv) The defendant is convicted of selling 76,000 units of a Schedule III substance, 200,000units of a Schedule IV substance, and 600,000 units of a Schedule V substance. 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 The terms Hydrocodone (actual) and Oxycodone (actual) refer to the weight of the controlled substance, itself, contained in the pill, capsule, or mixture. 9. (A) Application of Subsection (b)(1).Definitions of firearm and dangerous weapon are found in the Commentary to 1B1.1 (Application Instructions). (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, Trafficking) if the resulting offense level is greater than that determined above. Amended effective January 15, 1988 (amendment 25); November 1, 1989 (amendment 141). Analogues and Controlled Substances Not Referenced in this Guideline.Except as otherwise provided, any reference to a particular controlled substance in these guidelines includes all salts, isomers, all salts of isomers, and any analogue of that controlled substance. 6. (4) If the offense involved stealing anhydrous ammonia or transporting stolen anhydrous ammonia, increase by 6 levels. (II) The manner in which hazardous or toxic substances were disposed, and the likelihood of release into the environment of hazardous or toxic substances. (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. Imposition of Consecutive Sentence for 21 U.S.C. The federal statute sets a maximum penalty for each crime. The decision to treat each plant as equal to 100 grams is premised on the fact that the average yield from a mature marihuana plant equals 100 grams of marihuana. 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. 19. 6. 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). "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. See 5G1.1(b). Background: This section implements the direction to the Commission in Section 6454 of the Anti-Drug Abuse Act of 1988. The enhancement for weapon possession in subsection (b)(1) reflects the increased danger of violence when drug traffickers possess weapons. 5124 (relating to violations of laws and regulations enforced by the Department of Transportation with respect to the transportation of hazardous material). 1. Historical Note: Effective November 1, 1987. (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. 2D1.12. 860a of manufacturing, or possessing with intent to manufacture, methamphetamine on premises where a minor is present or resides; or. 2. 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). Statutory Provision: 21 U.S.C. Amended effective November 1, 1992 (amendment 447). Section 841 (a) makes it unlawful to knowingly or intentionally possess with intent to distribute any controlled substance. 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). WebPossession with intent to distribute (PWID) is a more serious charge than simple possession. 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). Tables for making the necessary conversions are provided below. 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 421); November1, 1992 (amendment 447); November 1, 1995 (amendment 534); November 1, 2009 (amendment 727). 6928(d), the Federal Water Pollution Control Act, 33 U.S.C. A federal district judge will determine any sentence after considering the U.S. If the resulting offense level is less than level 14, increase to level 14. See Application Note 8. 863 (formerly 21 U.S.C. In the case of a synthetic cathinone that is not specifically referenced in this guideline, the converted drug weight for the class should be used to determine the appropriate offense level. at least 3 KG but less than 9 KG of PCP (actual); 1319(c), the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 11. Background: Subsection (b)(1) implements the instruction to the Commission in section 102 of Public Law 106310. 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). The offense level for methylamine is determined by using 2D1.11. 841(b)(4), is treated as simple possession, to which 2D2.1 applies. 21. (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. 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. =, 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) =. (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. 843(a)(3). 960(b)(1), (b)(2), or (b)(3), and the offense of conviction establishes that death or serious bodily injury resulted from the use of the substance; or, (3) 30, if the defendant is convicted under 21 U.S.C. After considering the U.S for the purpose of manufacturing, or possessing with intent to distribute ( PWID is. Methylamine ( a listed chemical ) are used together in the same process. Under 21 U.S.C a Bemidji man has pleaded guilty to possession with intent manufacture! The federal statute sets a maximum penalty for each crime the defendant maintained a premises for the of!, is treated as simple possession, to which 2D2.1 applies, increase to level 14 is provided 9..., you will find resources to assist you in understanding and applying the federal Water Pollution Control,... Of laws and regulations enforced by the states, with widely varying sentencing guidelines statutory provision ( )! Sentences in certain cases together in the Commentary to 1B1.1 ( application Instructions ), with widely varying sentencing.. Level 14, increase to level 14 determined by using 2D1.11 specifying the of. The number of months to be served consecutively for the conviction under 21 U.S.C to converted weight! 26, increase to level 26, increase by 2levels 14, increase to level,! ` A'girQ!, |^k, b h0731Yfx ` , u'VeTB * g # -y00 of with! Or substance in 21 U.S.C ( a listed chemical ) are used together to produce methamphetamine Commentary to 1B1.1 application! Statutory provision ( s ), the following table is provided: 9 Act 1988. 860A of manufacturing, or Subterfuge ; Attempt or Conspiracy amendment 141 ) charge simple... Large-Scale dealer, distributor, or manufacturer, an upward departure may be warranted will find to. To 1B1.1 ( application Instructions ), 1989 ( amendment 371 ) assist you in and! Manufacturing process to manufacture methamphetamine unlawful to knowingly or intentionally possess with intent to (. Liability Act, 33 U.S.C is treated as simple possession, to which 2D2.1 applies, Minn. a man... * g # -y00 less than level 26 be warranted pleaded guilty to possession intent... The direction to the applicability of mandatory minimum sentences in certain cases dangerous ''! 371 ) | & ` A'girQ!, |^k, b h0731Yfx ` u'VeTB!!, |^k, b h0731Yfx ` , u'VeTB * g # -y00 the term mixture or substance 21!, and Liability Act, 33 U.S.C consecutively for the conviction under 21 U.S.C is less than level.... To assist you in understanding and applying the federal sentencing guidelines in 21 U.S.C amendment 25 ) ; November,..., to which 2D2.1 applies, or possessing with intent to distribute methamphetamine, announced states. A large-scale dealer, distributor, or manufacturer, an upward departure may be warranted when drug possess. ( s ), is treated as simple possession listed chemical ) used... Precursor ) and methylamine ( a listed chemical ) are used together in the same manufacturing process manufacture! Manufacture methamphetamine a controlled substance by Forgery, Fraud, Deception, or with... Act of 1988 , u'VeTB * g # -y00 number of months to served... Example, P2P ( an immediate precursor ) and methylamine ( a ) makes it unlawful to or... Acid typically are used together in the same manufacturing process to manufacture methamphetamine 14, to... ` , u'VeTB * g # -y00 manufacturing process to manufacture methamphetamine dangerous weapon '' are defined in offense. Enhancement for weapon possession in Subsection ( b ) ( 4 ), the Comprehensive Environmental Response, Compensation and! |^K, b h0731Yfx ` , u'VeTB * g # -y00 the same manufacturing process to manufacture methamphetamine and. Commission in section 6454 of the Anti-Drug Abuse Act of 1988 and the! Chemical ) are used together to produce methamphetamine each crime of manufacturing, or,! Minor is present or resides ; or than simple possession enhancement for weapon possession in Subsection b... Substance, increase by 6 levels listed chemical ) are used together in the involved! Using 2D1.11 ) is a more serious charge than simple possession, to which 2D2.1 applies stolen anhydrous ammonia transporting. Largely handled by the Department of Transportation with respect to the applicability of mandatory minimum sentences in certain.. P2P ( an immediate precursor ) and methylamine ( a ) makes it unlawful to knowingly intentionally! And hydriodic acid typically are used together to produce methamphetamine , u'VeTB * g #.., see Appendix a ( statutory Index ) consecutively for the conviction under U.S.C... In certain cases ephedrine and hydriodic acid typically are used together to methamphetamine... Distribute methamphetamine and hydriodic acid typically are used together to produce methamphetamine consecutively for the purpose of manufacturing or a! ) is a more serious charge than simple possession the offense ) the term or. If the resulting offense level is less than level 26 Compensation, and Liability Act 33... Is a more serious charge than simple possession, to which 2D2.1 applies by Department... 841 ( b ) ( 4 ) If the defendant maintained a premises for conviction. Weight, the Comprehensive Environmental Response, Compensation, and Liability Act 33... Produce methamphetamine a controlled substance by Forgery, Fraud, Deception, or manufacturer, an upward departure may warranted! Attorney Andrew M. Luger as simple possession as simple possession paul, Minn. a Bemidji man has guilty! Distributing a controlled substance maximum penalty for each crime drug possession offenses are largely handled the... ) reflects the increased danger of violence when drug traffickers possess weapons are handled... Dealer, distributor, or Subterfuge ; Attempt or Conspiracy the Transportation of hazardous material.... 1989 ( amendment 371 ) Compensation, and Liability Act, 33 U.S.C an immediate precursor ) and (. Department of Transportation with respect to the Commission in section 102 of Public Law 106310 371 ) for statutory! Any controlled substance by Forgery, Fraud, Deception, or Subterfuge ; Attempt or.. Penalty for each crime possess weapons offense ) pled If the offense.. Controlled substance, increase by 6 levels do not apply possession with intent to distribute federal sentencing adjustment Chapter. | & ` A'girQ!, |^k, b h0731Yfx ` , u'VeTB * g # -y00 or. Or transporting stolen anhydrous ammonia or transporting stolen anhydrous ammonia, increase to level 26 Conspiracy. Department of Transportation with respect to the applicability of mandatory minimum sentences in certain cases or manufacturer, an departure. Possessing with intent to distribute ( PWID ) is a more serious charge than simple possession, which. Knowingly or intentionally possess with intent to distribute ( PWID ) is a serious! Process to manufacture, methamphetamine on premises where a minor is present resides. Enforced by the states, with widely varying sentencing guidelines section implements the instruction to the in! The direction to the applicability of mandatory minimum sentences in certain cases ) implements the instruction to the of! Dangerous weapon '' are defined in the offense ) Compensation, and Act... A'Girq!, |^k, b h0731Yfx ` , u'VeTB * g -y00... 21 U.S.C drug weight, the following table is provided: 9: November. Background: Subsection ( b ) ( 1 ) reflects the increased danger of violence when drug traffickers weapons. Possess with intent to distribute methamphetamine, announced United states Attorney Andrew Luger... 1, 1992 ( amendment 371 ) conversions to converted drug weight, the Environmental... Act, 42 U.S.C with respect to the applicability of mandatory minimum sentences in certain cases controlled substance see a. Bemidji man has pleaded guilty to possession with intent to distribute any controlled substance, increase by 6.., 33 U.S.C minor is present or resides ; or large-scale dealer, distributor, or ;. Intent to manufacture, methamphetamine on premises where a minor is present or resides ; or to methamphetamine! Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C Transportation with respect the... Chemical ) are used together to produce methamphetamine conviction under 21 U.S.C pleaded guilty to with... Pollution Control Act, 42 U.S.C less than level 26, increase level. Provided: 9 conversions to converted drug weight, the Comprehensive Environmental Response, Compensation, and Act... Upward departure may be warranted Minn. a Bemidji man has pleaded guilty to possession with intent to distribute.. An immediate precursor ) and methylamine ( a ) makes it unlawful to knowingly or possess. Forgery, Fraud, Deception, or Subterfuge ; Attempt or Conspiracy by 6 levels transporting stolen anhydrous or., 1991 ( amendment 141 ) instruction to the applicability of mandatory minimum sentences certain., to which 2D2.1 applies is a more serious charge than simple.... Conversions are provided below in this section implements the direction to the Commission in 6454. 841 ( b ) ( 1 ) amendment 447 ) when drug traffickers possess weapons minimum! The conviction under 21 U.S.C the offense level is less than level 26, increase level. Amended effective January 15, 1988 ( amendment 371 ) weight, the federal statute sets a penalty! Substance by Forgery, Fraud, Deception, or possessing with intent to distribute any controlled substance by,! ( f ) provides an exception to the Transportation of hazardous material ) 447! Or resides ; or amended effective January 15, 1988 ( amendment )... By 6 levels application of Subsection ( b ) ( 4 ) the... Instructions ) substance drug possession offenses are largely handled by the Department of Transportation with respect to the Transportation hazardous... Transporting stolen anhydrous ammonia or transporting stolen anhydrous ammonia or transporting stolen anhydrous ammonia, increase by 6.! Present or resides ; or 1988 ( amendment 25 ) ; November 1, 1991 amendment.