Interactive computer service, for purposes of subsection (b)(7) and this note, has the meaning given that term in section 230(e)(2) of the Communications Act of 1934 (47 U.S.C. 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. Certain professionals often occupy essential positions in drug trafficking schemes. At least 10 KG but less than 30 KG of Heroin; At least 3 KG but less than 10 KG of Heroin; At least 1 KG but less than 3 KG of Heroin; At least 700 G but less than 1 KG of Heroin; At least 400 G but less than 700 G of Heroin; At least 100 G but less than 400 G of Heroin; At least 80 G but less than 100 G of Heroin; At least 60 G but less than 80 G of Heroin; At least 40 G but less than 60 G of Heroin; At least 20 G but less than 40 G of Heroin; At least 10 G but less than 20 G of Heroin; At least 2.5 KG but less than 5 KG of Marihuana; At least 1 KG but less than 2.5 KG of Marihuana; 1 gm of 1-Methyl-4-phenyl-4-propionoxypiperidine/MPPP =, 1 gm of 1-(2-Phenylethyl)-4-phenyl-4-acetyloxypiperidine/PEPAP =, 1 gm of Fentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] Propanamide) =, 1 gm of Hydromorphone/Dihydromorphinone =, 1 gm of Dextropropoxyphene/Propoxyphene-Bulk =, 1 gm of Mixed Alkaloids of Opium/Papaveretum =, 1 gm of Levo-alpha-acetylmethadol (LAAM) =, COCAINE AND OTHER SCHEDULE I AND II STIMULANTS (AND THEIR IMMEDIATE PRECURSORS)*, 1 gm Phenylacetone/P2P (when possessed for the purpose of manufacturing methamphetamine) =, 1 gm Phenylacetone/P2P (in any other case) =, SYNTHETIC CATHINONES (EXCEPT SCHEDULE III, IV, AND V SUBSTANCES)*, 1 gm of a synthetic cathinone (except a Schedule III, IV, or V substance) =, LSD, PCP, AND OTHER SCHEDULE I AND II HALLUCINOGENS (AND THEIR IMMEDIATE PRECURSORS)*, 1 gm of D-Lysergic Acid Diethylamide/Lysergide/LSD =, 1 gm of Mushrooms containing Psilocin and/or Psilocybin (Dry) =, 1 gm of Mushrooms containing Psilocin and/or Psilocybin (Wet) =, 1 gm of Phencyclidine (actual) /PCP (actual) =, 1 gm of Pyrrolidine Analog of Phencyclidine/PHP =, 1 gm of Thiophene Analog of Phencyclidine/TCP =, 1 gm of 4-Bromo-2,5-Dimethoxyamphetamine/DOB =, 1 gm of 2,5-Dimethoxy-4-methylamphetamine/DOM =, 1 gm of 3,4-Methylenedioxyamphetamine/MDA =, 1 gm of 3,4-Methylenedioxymethamphetamine/MDMA =, 1 gm of 3,4-Methylenedioxy-N-ethylamphetamine/MDEA =, 1 gm of 1-Piperidinocyclohexanecarbonitrile/PCC =, 1 gm of N-ethyl-1-phenylcyclohexylamine (PCE) =, 1 gm of Marihuana/Cannabis, granulated, powdered, etc. (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. (1) If a dangerous weapon (including a firearm) was possessed, increase by 2levels. See 1B1.1 (Application Instructions), Application Note 4(A). At least 600 KG but less than 1,800 KG of Hashish Oil; 5124 (relating to violations of laws and regulations enforced by the Department of Transportation with respect to the transportation of hazardous material). (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. Historical Note: Effective November 1, 1987. 0
See also United States v. Hernandez, 476 F.3d 791, 798-800 (9th Cir. 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. (B) If the defendant was convicted under 21 U.S.C. (6) If the defendant is convicted under 21 U.S.C. U.S. District Court Judge R. David Proctor has sentenced a Lincoln man to 20 years in prison Thursday for possession with intent to distribute methamphetamine (i) The defendant is convicted of selling 70 grams of a substance containing PCP (Level20) and 250 milligrams of a substance containing LSD (Level 16). Placing or Maintaining Dangerous Devices on Federal Property to Protect the Unlawful Production of Controlled Substances; Attempt or Conspiracy. 841(b)(7) (of distributing a controlled substance with intent to commit a crime of violence), apply 2X1.1 (Attempt, Solicitation, or Conspiracy) in respect to the crime of violence that the defendant committed, or attempted or intended to commit, if the resulting offense level is greater than that determined above. 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. 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, Historical Note: Effective November 1, 1987. 1. 841, except as expressly provided. The statutory penalties for distribution of more than 5 grams of methamphetamine and possession of methamphetamine with intent to distribute more (C) Ice, for the purposes of this guideline, means a mixture or substance containing dmethamphetamine hydrochloride of at least 80% purity. Endangering Human Life While Illegally Manufacturing a Controlled Substance; Attempt or Conspiracy. (a) Base Offense Level (Apply the greatest): (1) 43, if the defendant is convicted under 21 U.S.C. Application of Subsection (b)(16).. 23. The base offense level for each chemical is calculated separately and the chemical with the higher base offense level is used. 1308.1315 even though they contain a small amount of a Schedule I or II controlled substance. 2285 was used, or (C) the defendant acted as a pilot, copilot, captain, navigator, flight officer, or any other operation officer aboard any craft or vessel carrying a controlled substance, increase by 2 levels. (3) If the defendant, or a person for whose conduct the defendant is accountable under 1B1.3 (Relevant Conduct), distributed any prohibited flask, equipment, chemical, product, or material through mass-marketing by means of an interactive computer service, increase by 2 levels. A grand jury indicted McDowell on one count of distribution of fentanyl resulting in death in December 2021. 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 and that the defendant committed the offense after one or more prior convictions for a similar offense; or, (2) 38, if the defendant is convicted under 21 U.S.C. 841(b)(1)(A), (b)(1)(B), or (b)(1)(C), or 21 U.S.C. The offense level for methylamine is determined by using 2D1.11. 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). This is a 100:1 quantity ratio. (A) Distributing to a Specified Individual or Involving Such an Individual in the Offense (Subsection (b)(16)(B)).If the defendant distributes a controlled substance to an individual or involves an individual in the offense, as specified in subsection (b)(16)(B), the individual is not a vulnerable victim for purposes of 3A1.1(b). 2. 841(c)(3), (f)(1), 843(a)(4)(B), (a)(8). 1. The federal statute sets a maximum penalty for each crime. Statutory Provisions: 21 U.S.C. 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 This website is produced and published at U.S. taxpayer expense. |&`A'girQ!,|^k,b
h0731Yfx` ,u'VeTB*g#-y00. (B) Interaction of Subsections (b)(1) and (b)(2).The enhancements in subsections (b)(1) and (b)(2) may be applied cumulatively (added together), as is generally the case when two or more specific offense characteristics each apply. 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. At least 6,000 KG but less than 18,000 KG of Hashish; 6928(d), the Federal Water Pollution Control Act, 33 U.S.C. 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). 865 would achieve the "total punishment" in a manner that satisfies the statutory requirement of a consecutive sentence. (A) Determining the Base Offense Level for Two or More Chemicals.Except as provided in subdivision (B), if the offense involves two or more chemicals, use the quantity of the single chemical that results in the greatest offense level, regardless of whether the chemicals are set forth in different tables or in different categories (i.e., list I or list II) under this guideline. Where necessary, this scheme has been modified in response to specific congressional directives to the Commission. 15. "Minor" has the meaning given that term in Application Note 1 of the Commentary to 2A3.1 (Criminal Sexual Abuse). Mixture or substance does not include materials that must be separated from the controlled substance before the controlled substance can be used. Historical Note:Effective November 1, 1987. 1ST. See 1B1.3(a)(2) (Relevant Conduct). 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. 3. 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. (C) Upward Departure Based on Unusually High Purity.Trafficking in controlled substances, compounds, or mixtures of unusually high purity may warrant an upward departure, except in the case of PCP, amphetamine, methamphetamine, hydrocodone, or oxycodone for which the guideline itself provides for the consideration of purity (see the footnote to the Drug Quantity Table). Penalty for distribution or possession with intent to distribute narcotic drugs listed in Schedule I; possession of marijuana, synthetic cannabinoids, and heroin A. Classification of Controlled Substances.Certain pharmaceutical preparations are classified as Schedule III, IV, or V controlled substances by the Drug Enforcement Administration under 21 C.F.R. WebThe Commission establishes sentencing policies and practices for the federal courts. 3. The Commission serves as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public. (16) If the defendant receives an adjustment under 3B1.1 (Aggravating Role) and the offense involved 1 or more of the following factors: (A) (i) the defendant used fear, impulse, friendship, affection, or some combination thereof to involve another individual in the illegal purchase, sale, transport, or storage of controlled substances, (ii) the individual received little or no compensation from the illegal purchase, sale, transport, or storage of controlled substances, and (iii) the individual had minimal knowledge of the scope and structure of the enterprise; (B) the defendant, knowing that an individual was (i) less than 18years of age, (ii) 65 or more years of age, (iii) pregnant, or (iv)unusually vulnerable due to physical or mental condition or otherwise particularly susceptible to the criminal conduct, distributed a controlled substance to that individual or involved that individual in the offense; (C) the defendant was directly involved in the importation of a controlled substance; (D) the defendant engaged in witness intimidation, tampered with or destroyed evidence, or otherwise obstructed justice in connection with the investigation or prosecution of the offense; (E) the defendant committed the offense as part of a pattern of criminal conduct engaged in as a livelihood. However, there may be cases in which a substantially lesser or greater quantity of a synthetic cathinone is needed to produce an effect on the central nervous system similar to the effect produced by a typical synthetic cathinone in the class, such as methcathinone or alpha-PVP. 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. 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: 1. WebST. 230(f)(2)). 841(c)(1), (2), (f)(1), 865, 960(d)(1), (2), (3), (4). 2D2.2. Commissioners are nominated by the President and confirmed by the Senate. 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. 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). Under U.S. federal law, it is a crime to distribute illegal drugs, which are referred to legally as controlled substances. Amended effective November 1, 1992 (amendment 447); December 16, 2000 (amendment 608); November 1, 2001 (amendment 620). Mixture or Substance.Mixture or substance as used in this guideline has the same meaning as in 21 U.S.C. (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. 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. (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. WebST. Amended effective November 1, 2007 (amendment 711). hbbd```b``uA$2r "80d6#HT M^WbOo]#| (Treating LSD on a carrier medium as weighing 0.5 milligram per dose would produce offense levels equivalent to those for PCP.) See1B1.1 (Application Instructions), Application Note 4(A). 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). hb```),,@( 2. 843(a)(6), (7), 864. In such cases, an upward departure may be warranted. (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. In such a case, a downward departure may be warranted. 25. The latter category typically carries stiffer penalties upon conviction, compared to simple possession, as the goal is to punish and deter drug dealers. Drug possession offenses are largely handled by the states, with widely varying sentencing guidelines. 865. Use of Communication Facility in Committing Drug Offense; Attempt or Conspiracy. Statutory Provisions: 21 U.S.C. 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). 1319(c); the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. (D) Departure Based on Potency of Synthetic Cathinones.In addition to providing converted drug weights for specific controlled substances and groups of substances, the Drug Conversion Tables provide converted drug weights for certain classes of controlled substances, such as synthetic cathinones. The U.S. Amended effective November 1, 1992 (amendment 447); November 1, 2002 (amendment 646). Unlawful Possession, Manufacture, Distribution, Transportation, Exportation, or Importation of Prohibited Flask, Equipment, Chemical, Product, or Material; Attempt or Conspiracy, (1) 12, if the defendant intended to manufacture a controlled substance or knew or believed the prohibited flask, equipment, chemical, product, or material was to be used to manufacture a controlled substance; or. At least 15 KG but less than 45 KG of Amphetamine, or Amended effective November 1, 1990 (amendment 320); November 1, 1992 (amendment 447); November 1, 1994 (amendment 505); November 1, 2009 (amendment 737); November 1, 2012 (amendment 770); November 1, 2018 (amendment 807). Manufacture; distribution. (B) Upward Departure Based on Drug Quantity.In an extraordinary case, an upward departure above offense level 38 on the basis of drug quantity may be warranted. Knowingly or Intentionally (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. (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. (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. 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. WebThis list includes all federal (not state) sentencing laws that require the judge to give the offender a mandatory minimum prison term. 2D1.12. 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. 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). Under federal law, in order to be convicted of possession with intent to distribute, all three of the following legal elements must be satisfied: Illegal drug (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. Laws that require the judge manufacture, Background: This section implements the direction to the Commission in Section 6482 of the Anti-Drug Abuse Act of 1988. 5124 (relating to violations of laws and regulations enforced by the Department of Transportation with respect to the transportation of hazardous material). 1. 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. 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