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14 March 2023 by

2D2.1. (II) The manner in which hazardous or toxic substances were disposed, and the likelihood of release into the environment of hazardous or toxic substances. 845a), 861 (formerly 21 U.S.C. 26. 841(b)(1)(A), (b)(1)(B), or (b)(1)(C), or 21 U.S.C. Historical Note: Effective November 1, 1987. 21. The amount of ephedrine directly affects the amount of methamphetamine produced. 2D1.11. Application of Subsection (e)(1).. 2. The adjustment in subsection (b)(1) should be applied if the weapon was present, unless it is improbable that the weapon was connected with the offense. A grand jury indicted McDowell on one count of distribution of fentanyl resulting in death in December 2021. (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. PAUL A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine after law enforcement seized a pound of methamphetamine and a pen gun from a vehicle in May 2022. Use of Communication Facility in Committing Drug Offense; Attempt or Conspiracy. 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) If the defendant (A) intended to manufacture methamphetamine, or (B) knew, believed, or had reasonable cause to believe that prohibited flask, equipment, chemical, product, or material was to be used to manufacture methamphetamine, increase by 2 levels. To facilitate conversions to converted drug weight, the following table is provided: 9. 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. 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). 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. WebThe most common Iowa methamphetamine offenses include possession, distribution, manufacturing, and possession with intent to distribute. 20. 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. 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. 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). Additionally, any costs of environmental cleanup and harm to persons or property should be considered by the court in determining the amount of restitution under 5E1.1 (Restitution) and in fashioning appropriate conditions of supervision under 5B1.3 (Conditions of Probation) and 5D1.3 (Conditions of Supervised Release). Minor has the meaning given that term in Application Note 1 of the Commentary to 2A3.1 (Criminal Sexual Abuse). "Minor" has the meaning given that term in Application Note 1 of the Commentary to 2A3.1 (Criminal Sexual Abuse). (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. In this example, the amount delivered more accurately reflects the scale of the offense. The base offense level for each chemical is calculated separately and the chemical with the higher base offense level is used. 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 1319(c); the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9. 22. Drug possession laws generally fall into one of two main categories: Simple possession (for personal use); and; Possession with intent to distribute. The offense level for methylamine is determined by using 2D1.11. 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. Regulatory Offenses Involving Controlled Substances or Listed Chemicals; Attempt or Conspiracy. 2D1.6. In contrast, a downward departure may be warranted in cases involving methylone, a substance of which a greater quantity is usually needed to produce an effect on the central nervous system similar to the effect produced by a typical synthetic cathinone. (E) Departures for Certain Cases involving Synthetic Cannabinoids.. See1B1.1 (Application Instructions), Application Note 4(A). At least 3 KG but less than 9 KG of a Fentanyl Analogue; In order to comply with the relevant statute, the court should determine the appropriate total punishment and divide the sentence on the judgment form between the sentence attributable to the underlying drug offense and the sentence attributable to 21 U.S.C. 860a or 865.Sections 860a and 865 of title 21, United States Code, require the imposition of a mandatory consecutive term of imprisonment of not more than 20 years and 15 years, respectively. The federal statute sets a maximum penalty for each crime. Weba conviction of possession with intent to distribute carries a five year sentence for quantities of 500 grams or more. Statutory Provision: 21 U.S.C. The offense levels assume that the offense involved the operation of a common carrier carrying a number of passengers, e.g., a bus. 6. Frequently, a term of supervised release to follow imprisonment is required by statute for offenses covered by this guideline. 860a or 865, specifying the number of months to be served consecutively for the conviction under 21 U.S.C. "The offense level from 2D1.11" includes the base offense level and any applicable specific offense characteristic or cross reference; see 1B1.5 (Interpretation of References to Other Offense Guidelines). For example, subsection (b)(4) would apply to a defendant who operated a web site to promote the sale of Gamma-butyrolactone (GBL) but would not apply to coconspirators who use an interactive computer service only to communicate with one another in furtherance of the offense. (i) Departure Based on Concentration of Synthetic Cannabinoids.Synthetic cannabinoids are manufactured as powder or crystalline substances. (a) Base Offense Level (Apply the greater): (1) 4 plus the offense level from 2D1.1 applicable to the underlying offense; or. Similarly, in the case of a controlled substance for which the maximum offense level is less than level38, an upward departure may be warranted if the drug quantity substantially exceeds the quantity for the highest offense level established for that particular controlled substance. (2) If the defendant used violence, made a credible threat to use violence, or directed the use of violence, increase by 2 levels. 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). 15. Possession of a controlled substance with intent to distribute requires the jury to 230(f)(2)). 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. 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. 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. WebThis video covers federal sentencing on federal drug cases that involve mandatory minimum sentences. Historical Note:Effective November 1, 1991 (amendment 371). For additional statutory provision(s), see Appendix A (Statutory Index). But for crack, a conviction of possession with intent to distribute carries a five year sentence for only 5 grams. 18. 843(a)(6), (7), 864. 1. 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. As large quantities are normally associated with high purities, this factor is particularly relevant where smaller quantities are involved. Drug possession offenses are largely handled by the states, with widely varying sentencing guidelines. Statutory Provisions: 21 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. 3. Drug possession laws generally fall into one of two main categories: Simple possession (for personal use); and Possession with intent to distribute. (iii) The duration of the offense, and the extent of the manufacturing operation. 960(b)(5), and the offense of conviction establishes that death or serious bodily injury resulted from the use of the substance; or. 853(q) (mandatory restitution for cleanup costs relating to the manufacture of amphetamine and methamphetamine). 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). 2D2.3. Amended effective January 15, 1988 (amendment 22); November 1, 1989 (amendment 135); November 1, 1990 (amendment 319); November1, 1991 (amendment 421); November 1, 1992 (amendment 447); November 1, 2000 (amendment 591); November 1, 2014 (amendment 782). 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. The terms Hydrocodone (actual) and Oxycodone (actual) refer to the weight of the controlled substance, itself, contained in the pill, capsule, or mixture. Substantial Risk of Harm Associated with the Manufacture of Amphetamine and Methamphetamine.. The enhancement for weapon possession in subsection (b)(1) reflects the increased danger of violence when drug traffickers possess weapons. Manufacture; distribution. (2) If the defendant was convicted under 21 U.S.C. At least 600 KG but less than 1,800 KG of Hashish Oil; For example, if the applicable adjusted guideline range is 151188 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. (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). The Commission collects, analyzes, and disseminates a broad array of information on federal crime and sentencing practices. 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. Statutory Provisions: 21 U.S.C. 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. 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. As explained on my Possession page, having any amount of Applicability of Subsection (b)(18).The applicability of subsection (b)(18) shall be determined without regard to whether the defendant was convicted of an offense that subjects the defendant to a mandatory minimum term of imprisonment. Unlawfully Distributing, Importing, Exporting or Possessing a Listed Chemical; Attempt or Conspiracy. (21 U.S.C. In such a case, an upward departure would be warranted. Without the cap, the combined converted weight would have been 88.48 (76 + 9.99 + 2.49) kilograms. 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. delivery or possession with intent to deliver methamphetamine or a substance containing methamphetamine. 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. Application of Subsection (b)(11).Subsection (b)(11) does not apply if the purpose of the bribery was to obstruct or impede the investigation, prosecution, or sentencing of the defendant. 841(b)(1)(A), (b)(1)(B), or (b)(1)(C), or 21 U.S.C. For example, Tylenol 3 is classified as a Schedule III controlled substance even though it contains a small amount of codeine, a Schedule II opiate. (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. 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. (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. (8) If the offense involved the distribution of an anabolic steroid and a masking agent, increase by 2 levels. Historical Note: Effective November 1, 1987. 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. Ephedrine and hydriodic acid typically are used together in the same manufacturing process to manufacture methamphetamine. 842(a)(1), 843(a)(1), (2). In controlled substance offenses, an attempt is assigned the same offense level as the object of the attempt. The cocaine converts to 16 kilograms of converted drug weight, and the cocaine base converts to 7.142 kilograms of converted drug weight. Historical Note: Section 2D1.4 (Attempts and Conspiracies), effective November 1, 1987, amended effective November1, 1989 (amendments136-138), was deleted by consolidation with the guidelines applicable to the underlying substantive offenses effective November1, 1992 (amendment 447). Webpossessing with the intent to distribute or dispense controlled substances except as otherwise authorized by the Controlled Substances Act. For example, subsection (b)(3) would apply to a defendant who operated a web site to promote the sale of prohibited flasks but would not apply to coconspirators who use an interactive computer service only to communicate with one another in furtherance of the offense. Statutory Provision: 21 U.S.C. Statutory Provisions: 21 U.S.C. The diazepam, a Schedule IV drug, converts to 625 grams of converted drug weight. (C) Pattern of Criminal Conduct Engaged in as a Livelihood (Subsection (b)(16)(E)).For purposes of subsection (b)(16)(E), pattern of criminal conduct and engaged in as a livelihood have the meaning given such terms in 4B1.3 (Criminal Livelihood). At least 8.4 KG but less than 25.2 KG of Cocaine Base; According to a release from the U.S. Department of Justice, on May 2, 2022, law enforcement observed 30-year-old 1. WebUnlawful distribution, possession with intent to distribute, manufacture, importation and exportation, etc. If the resulting offense level is less than level27, increase to level 27. Historical Note: Effective November 1, 1987. See Application Note 8. Amended effective November 1, 1992 (amendment 447); November 1, 2002 (amendment 646). 4. 9603(b); or 49 U.S.C. (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. 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. 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. Application of Subsection (b)(15).Subsection (b)(15) applies to offenses that involve the cultivation of marihuana on state or federal land or while trespassing on tribal or private land. 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