________________________ (2) If the defendant is convicted of violating 21 U.S.C. List I chemicals are important to the manufacture of a controlled substance and usually become part of the final product. 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. Subsection (b)(11) implements the directive to the Commission in section 6(1) of Public Law 111220. The Commission serves as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public. (C) the defendant had minimal knowledge of the scope and structure of the enterprise. 841(c)(1), (2), (f)(1), 865, 960(d)(1), (2), (3), (4). 6. 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. Where necessary, this scheme has been modified in response to specific congressional directives to the Commission. 812 (2020).) Possession with intent to distribute harder drugs like methamphetamines, heroin, cocaine, PCP, LSD, Fentanyl, or concentrated THC is a Class II felony. At least 3 KG but less than 9 KG of a Fentanyl Analogue; 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. 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)). 857). Historical Note: Effective November 1, 1987. 841, except as expressly provided. See 1B1.3(a)(2) (Relevant Conduct). 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). 2D3.1. Similarly, in the case of marihuana having a moisture content that renders the marihuana unsuitable for consumption without drying (this might occur, for example, with a bale of rain-soaked marihuana or freshly harvested marihuana that had not been dried), an approximation of the weight of the marihuana without such excess moisture content is to be used. 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)). 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. In some cases, the enhancement under subsection (b)(14)(A) may not account adequately 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). (9) If the defendant distributed an anabolic steroid to an athlete, increase by 2 levels. (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. (a) Base Offense Level: the offense level applicable to the underlying offense. The base offense levels at levels 24 and 30 establish guideline ranges such that the statutory minimum falls within the range; e.g., level 30 ranges from 97 to 121 months, where the statutory minimum term is ten years or 120 months. Statutory Provision: 21 U.S.C. Application of Subsection (b)(16).. 860a or 865. (B) The terms PCP (actual), Amphetamine (actual), and Methamphetamine (actual) refer to the weight of the controlled substance, itself, contained in the mixture or substance. (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. The Commission collects, analyzes, and disseminates a broad array of information on federal crime and sentencing practices. In a case involving 100 grams of oxymorphone, the converted drug weight would be 500 kilograms, which corresponds to a base offense level of 26 in the Drug Quantity Table. Distribution or intended sale of For example, ephedrine reacts with other chemicals to form methamphetamine. Amended effective November 1, 1992 (amendment 447). 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 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. (a) Base Offense Level: The offense level from the Chemical Quantity Table set forth in subsection (d) or (e), as appropriate, except that if (A) the defendant receives an adjustment under 3B1.2 (Mitigating Role); and (B) the base offense level under subsection (d) 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. WebUnlawful distribution, possession with intent to distribute, manufacture, importation and exportation, etc. 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. 2. Provided, however, that if the actual weight of the marihuana is greater, use the actual weight of the marihuana. 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). (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. (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. If the resulting offense level is less than level27, increase to level 27. Web21 U.S.C. 23. (B) Whether the controlled substance not referenced in this guideline has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance referenced in this guideline. SeeUSSG App. 20. The concentrated substance is then usually sprayed on or soaked into a plant or other base material, and trafficked as part of a mixture. In the case of a controlled substance that is not specifically referenced in the Drug Quantity Table, determine the base offense level as follows: (i) Use the Drug Conversion Tables to find the converted drug weight of the controlled substance involved in the offense. 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. (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. Amended effective November 1, 1991 (amendment 421); November1, 1992 (amendment 447); November 1, 1995 (amendment 534); November 1, 2009 (amendment 727). 9603(b), and 49 U.S.C. WebIt is against federal law to have [controlled substance] in your possession with the intention of distributing it to someone else. 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. (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. 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. 6. Imposition of Consecutive Sentence for 21 U.S.C. 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. 8. Application of Subsection (b)(1)."Firearm" and "dangerous weapon" are defined in the Commentary to 1B1.1 (Application Instructions). 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. If, however, the defendant establishes that the defendant did not intend to provide or purchase, or was not reasonably capable of providing or purchasing, the agreed-upon quantity of the controlled substance, the court shall exclude from the offense level determination the amount of controlled substance that the defendant establishes that the defendant did not intend to provide or purchase or was not reasonably capable of providing or purchasing. Sec. In order to comply with the relevant statute, the court should determine the appropriate "total punishment" and, on the judgment form, divide the sentence between the sentence attributable to the underlying drug offense and the sentence attributable to 21 U.S.C. [Defendant] is accused of possessing [controlled substance] on or about [date] intending to distribute it to someone else. Nonetheless, this approach does not override the applicability of mixture or substance for the purpose of applying any mandatory minimum sentence (see Chapman; 5G1.1(b)). (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. For example, an upward departure may be warranted where the quantity is at least ten times the minimum quantity required for level 38. (A) Hazardous or Toxic Substances (Subsection (b)(14)(A)).Subsection (b)(14)(A) 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. Except as authorized by this Part, it shall be WebThis video covers federal sentencing on federal drug cases that involve mandatory minimum sentences. Background: This section implements the direction to the Commission in Section 6482 of the Anti-Drug Abuse Act of 1988. Drug possession laws generally fall into one of two main categories: Simple possession (for personal use); and; Possession with intent to distribute. Structuring Chemical Transactions or Creating a Chemical Mixture to Evade Reporting or Recordkeeping Requirements; Presenting False or Fraudulent Identification to Obtain a Listed Chemical; Attempt or Conspiracy, (1) The offense level from 2D1.11 (Unlawfully Distributing, Importing, Exporting, or Possessing a Listed Chemical) if the defendant knew or believed that the chemical was to be used to manufacture a controlled substance unlawfully; or, (2) The offense level from 2D1.11 (Unlawfully Distributing, Importing, Exporting or Possessing a Listed Chemical) reduced by 3 levels if the defendant had reason to believe that the chemical was to be used to manufacture a controlled substance unlawfully; or. Because the weights of LSD carrier media vary widely and typically far exceed the weight of the controlled substance itself, the Commission has determined that basing offense levels on the entire weight of the LSD and carrier medium would produce unwarranted disparity among offenses involving the same quantity of actual LSD (but different carrier weights), as well as sentences disproportionate to those for other, more dangerous controlled substances, such as PCP. 3553(f) provides an exception to the applicability of mandatory minimum sentences in certain cases. 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. 2D1.11. At least 150 KG but less than 450 KG of Cocaine; at least 1.5 KG but less than 4.5 KG of "Ice"; Historical Note: Effective November 1, 1987. 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