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 (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. 16. Manufacture; distribution. 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). 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. The cocaine converts to 16 kilograms of converted drug weight, and the cocaine base converts to 7.142 kilograms of converted drug weight. Drug Offenses Occurring Near Protected Locations or Involving Underage or Pregnant Individuals; Attempt or Conspiracy. This guideline applies only in a case in which the defendant is convicted of a statutory violation of drug trafficking in a protected location or involving an underage or pregnant individual (including an attempt or conspiracy to commit such a violation) or in a case in which the defendant stipulated to such a statutory violation. 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. (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. At least 15 KG but less than 45 KG of Methamphetamine, or 4. 8. Statutory Provisions: 21 U.S.C. Historical Note: Effective November 1, 1987. Public Access to Commission Data and Documents. 2D2.1. At least 1,875,000 units but less than 5,625,000 units of Flunitrazepam; Historical Note: Effective November 1, 1991 (amendment 371). The purity of the controlled substance, particularly in the case of heroin, may be relevant in the sentencing process because it is probative of the defendants role or position in the chain of distribution. Subsection (b)(14)(A) implements the instruction to the Commission in section 303 of Public Law103237. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine. Determine the offense level under each guideline separately. 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. (B) Upward Departure Provision.If the defendant committed a sexual offense against more than one individual, an upward departure would be warranted. Historical Note:Effective November 1, 1987. (A) Definition.For purposes of this guideline, sexual offense means a sexual act or sexual contact as those terms are defined in 18 U.S.C. Penalty for distribution or possession with intent to distribute narcotic drugs listed in Schedule I; possession of marijuana, synthetic cannabinoids, and heroin A. 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. 1308.1315 even though they contain a small amount of a Schedule I or II controlled substance. There are many factors that can dictate the punishment a person faces. 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. If the resulting offense level is less than level27, increase to level 27. (4) If the object of the offense was the distribution of a controlled substance in a prison, correctional facility, or detention facility, increase by 2 levels. (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. 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). 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 The Typical Weight Per Unit Table, prepared from information provided by the Drug Enforcement Administration, displays the typical weight per dose, pill, or capsule for certain controlled substances. 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)). Placing or Maintaining Dangerous Devices on Federal Property to Protect the Unlawful Production of Controlled Substances; Attempt or Conspiracy. This website is produced and published at U.S. taxpayer expense. For example, an upward departure may be warranted where the quantity is at least ten times the minimum quantity required for level 38. Provided, however, that if the actual weight of the marihuana is greater, use the actual weight of the marihuana. WebIt is against federal law to have [controlled substance] in your possession with the intention of distributing it to someone else. The latter category typically carries stiffer penalties upon conviction, compared to simple possession, as the goal is to punish and deter drug dealers. (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. Do not use this table if any more reliable estimate of the total weight is available from case-specific information. =, 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) =. The amount of ephedrine directly affects the amount of methamphetamine produced. 841(c)(1), (2), (f)(1), 865, 960(d)(1), (2), (3), (4). Statutory Provisions: 21 U.S.C. (A) Factors to Consider.In determining, for purposes of subsection (b)(1)(B), whether the offense created a substantial risk of harm to the life of a minor or an incompetent, the court shall include consideration of the following factors: (i) The quantity of any chemicals or hazardous or toxic substances found at the laboratory, and the manner in which the chemicals or substances were stored. Statutory Provisions: 21 U.S.C. Tables for making the necessary conversions are provided below. (A) Controlled Substances Not Referenced in Drug Quantity Table.The Commission has used the sentences provided in, and equivalences derived from, the statute (21 U.S.C. In such a case, a departure may be warranted. 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). Instead, treat each dose of LSD on the carrier medium as equal to 0.4 milligrams of LSD for the purposes of the Drug Quantity Table. In addition, 18 U.S.C. Mixture or substance does not include materials that must be separated from the controlled substance before the controlled substance can be used. Amended effective November 1, 1992 (amendment 447); November 1, 2002 (amendment 646). (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. 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. 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. (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. 2D2.3. The typical case addressed by this guideline involves small-scale trafficking in drug paraphernalia (generally from a retail establishment that also sells items that are not unlawful). 22. 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). Historical Note:Effective November 1, 1991 (amendment 371). (21 U.S.C. Special sentencing provisions for possession of Flunitrazepam (Rohypnol, "roofies" or "roaches") impose a Penalties for possession with intent to distribute are potentially even more severe. Example: The defendant was in possession of five kilograms of ephedrine and 300 grams of hydriodic acid. (a) Base Offense Level: the offense level applicable to the underlying offense. See 5G1.1(b). 1301 0 obj <>/Filter/FlateDecode/ID[<920A2081708B9645B2A500340489C3A8><5A7631C25D8D5249840661A221DD7AA6>]/Index[1285 30]/Info 1284 0 R/Length 89/Prev 661302/Root 1286 0 R/Size 1315/Type/XRef/W[1 3 1]>>stream %%EOF 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, WebThis list includes all federal (not state) sentencing laws that require the judge to give the offender a mandatory minimum prison term. Application of Subsection (b)(2).Convictions under 21 U.S.C. Furthermore, subsection (a)(2) does not apply unless the defendant initially leased, rented, purchased, or otherwise acquired a possessory interest in the premises for a legitimate purpose. 5124 (relating to violations of laws and regulations enforced by the Department of Transportation with respect to the transportation of hazardous material). 1. In such cases, an upward departure may be warranted. (1) If the offense level is determined under subsection (a)(2), do not apply an adjustment under 3B1.2 (Mitigating Role). 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. Historical Note: Effective November 1, 1987. (21 U.S.C. In this section, you will find a comprehensive collection of research and data reports published on sentencing issues and other areas of federal crime. If a mixture or substance contains more than one controlled substance, the weight of the entire mixture or substance is assigned to the controlled substance that results in the greater offense level. (B) Substantial Risk of Harm Associated with the Manufacture of Amphetamine and Methamphetamine (Subsection (b)(14)(C)(D)).. The concentrated substance is then usually sprayed on or soaked into a plant or other base material, and trafficked as part of a mixture. 841 (a) (1) See Statute. 4. (3) 4, if the substance is any other controlled substance or a list I chemical. Historical Note: Effective November 1, 1987. Amended effective November 1, 1991 (amendment 421); November1, 1992 (amendment 447); November 1, 1993 (amendment 481); November1, 1995 (amendment 534). In this section, you will find resources to assist you in understanding and applying the federal sentencing guidelines. 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) Base Offense Level (Apply the greatest): (1) 43, if the defendant is convicted under 21 U.S.C. Web4.21.841 (a) (1)A Possession With Intent to Distribute a Controlled Substance, 21 U.S.C. In controlled substance offenses, an attempt is assigned the same offense level as the object of the attempt. 841, except as expressly provided. Drug possession laws generally fall into one of two main categories: Simple possession (for personal use); and; Possession with intent to distribute. 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). Categories of Drug Possession Laws. 2D2.2. Background: Offenses covered by this guideline involve list I chemicals (including ephedrine, pseudoephedrine, and pheylpropanolamine) and list II chemicals. (2) 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. 1319(c); the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 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). Violations of 21 U.S.C. 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. In 2018, the Commission amended 2D1.1 to replace marihuana as the conversion factor with the new term converted drug weight and to change the title of the Drug Equivalency Tables to the Drug Conversion Tables.. Application of Subsection (c)(1)."Offense involved unlawfully manufacturing a controlled substance or attempting to manufacture a controlled substance unlawfully," as used in subsection (c)(1), means that the defendant, or a person for whose conduct the defendant is accountable under 1B1.3 (Relevant Conduct), completed the actions sufficient to constitute the offense of unlawfully manufacturing a controlled substance or attempting to manufacture a controlled substance unlawfully. 2. Statutory Provision: 21 U.S.C. 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)). (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. 841(b)(1)(E) or 21 U.S.C. 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. 5124 (relating to violations of laws and regulations enforced by the Department of Transportation with respect to the transportation of hazardous material). (11) If the defendant bribed, or attempted to bribe, a law enforcement officer to facilitate the commission of the offense, increase by 2 levels. 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. (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. 46317(b). (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. 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. Application of Subsections (b)(1) and (b)(2).. "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). (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. 19. 2007). 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. If the resulting offense level is less than level 14, increase to level 14. 9. Subsection (b)(16) implements the directive to the Commission in section 6(3) of Public Law 111220. hbbd```b``uA$2r "80d6#HT M^WbOo]#| 1. 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)). 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. 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. Certain professionals often occupy essential positions in drug trafficking schemes. The marihuana converts to 500 grams of converted drug weight. 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. 3. (b) Specific Offense Characteristics. (A) Except as provided in Note (B), to calculate the base offense level in an offense that 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 subsection (d) or (e) of this guideline, as appropriate. 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. 2D3.1. (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. (B) If the defendant was convicted under 21 U.S.C. 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