possession with intent to distribute federal sentencing
Drug possession laws generally fall into one of two main categories: Simple possession (for personal use); and Possession with intent to distribute. PAUL, Minn. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine, announced United States Attorney Andrew M. Luger. 13. 70506)1 1st offense Substance The base offense level for each chemical is calculated separately and the chemical with the higher base offense level is used. The total, 1.125 kilograms of converted drug weight, has an offense level of 8 in the Drug Quantity Table. 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 Where there are controlled substances from more than one schedule (e.g., a quantity of a ScheduleIV substance and a quantity of a Schedule V substance), determine the converted drug weight for each schedule separately (subject to the cap, if any, applicable to that schedule). In such cases, an upward departure may be warranted. 859 (formerly 21 U.S.C. When this is not the case, it is to be presumed that each 1/4 inch by 1/4 inch section of the blotter paper is equal to one dose. Web(c) A person commits the crime of unlawful possession with intent to distribute a controlled substance if, except as otherwise authorized by law, he or she knowingly possesses any of the following quantities of a controlled substance: (1) More than eight grams, but less than 28 grams, of cocaine or of any mixture containing cocaine. WebSee Instruction 3.15. (II) The manner in which hazardous or toxic substances were disposed, and the likelihood of release into the environment of hazardous or toxic substances. Brown was indicted by a federal grand jury on May 17, 2022. (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. 1319(c), the Comprehensive Environmental Response, Compensation, and Liability Act, 42 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. Since controlled substances are often diluted and combined with other substances as they pass down the chain of distribution, the fact that a defendant is in possession of unusually pure narcotics may indicate a prominent role in the criminal enterprise and proximity to the source of the drugs. Frequently, a term of supervised release to follow imprisonment is required by statute for offenses covered by this guideline. Offenses covered by this guideline may vary widely with regard to harm and risk of harm. (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. 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 1. (i) Departure Based on Concentration of Synthetic Cannabinoids.Synthetic cannabinoids are manufactured as powder or crystalline substances. (1) The offense level from 2D1.1 applicable to the underlying controlled substance offense, except as provided below. (C) Upward Departure.In a case involving two or more chemicals used to manufacture different controlled substances, or to manufacture one controlled substance by different manufacturing processes, an upward departure may be warranted if the offense level does not adequately address the seriousness of the offense. "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. Subsection (b)(11) implements the directive to the Commission in section 6(1) of Public Law 111220. =, 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) =. Amended effective January 15, 1988 (amendments 19, 20, and 21); November1, 1989 (amendments 123134, 302, and 303); November 1, 1990 (amendment 318); November1, 1991 (amendments 369371 and 394396); November 1, 1992 (amendments 446 and 447); November 1, 1993 (amendments479, 484488, and 499); September 23, 1994 (amendment 509); November 1, 1994 (amendment505); November 1, 1995 (amendments 514518); November 1, 1997 (amendments 555 and 556); November 1, 2000 (amendments 594 and 605); December 16, 2000 (amendment608); May 1, 2001 (amendments 609611); November 1, 2001 (amendments 620625); November1, 2002 (amendment 640); November 1, 2003 (amendment 657); November 1, 2004 (amendments667, 668, and 674); November 1, 2005 (amendment 679); March27, 2006 (amendment 681); November 1, 2006 (amendments 684 and 688); November 1, 2007 (amendments705, 706, and 711); May 1, 2008 (amendment 715); November 1, 2009 (amendments 727 and 728); November 1, 2010 (amendments 746 and 748); November 1, 2011 (amendments 750, 751, and 760); November 1, 2012 (amendments 762 and 770); November 1, 2013 (amendment 777); November 1, 2014 (amendments782 and 783); November 1, 2015 (amendments 793 and 797); November 1, 2018 (amendments 807 and 808). At least 30,000,000 units but less than 90,000,000 units of Ketamine; Subsection (b)(2) implements the directive to the Commission in section 5 of Public Law111220. 841(b)(1)(A), (b)(1)(B), or (b)(1)(C), or 21 U.S.C. 848 will be grouped with other drug offenses for the purpose of applying Chapter Three, Part D (Multiple Counts). (6) If the defendant is convicted under 21 U.S.C. The Commission collects, analyzes, and disseminates a broad array of information on federal crime and sentencing practices. For additional statutory provision(s), see Appendix A (Statutory Index). See 21 U.S.C. According to court documents, 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 Placing or Maintaining Dangerous Devices on Federal Property to Protect the Unlawful Production of Controlled Substances; Attempt or Conspiracy. 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. (13) If the defendant knowingly misrepresented or knowingly marketed as another substance a mixture or substance containing fentanyl(N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide) or a fentanyl analogue, increase by 4 levels. at least 3 KG but less than 9 KG of PCP (actual); For example, the enhancement would not be applied if the defendant, arrested at the defendants residence, had an unloaded hunting rifle in the closet. 2246(2) and (3), respectively. The offense levels assume that the offense involved the operation of a common carrier carrying a number of passengers, e.g., a bus. 1. %PDF-1.7 % 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. 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. In an offense involving an agreement to sell a controlled substance, the agreed-upon quantity of the controlled substance shall be used to determine the offense level unless the sale is completed and the amount delivered more accurately reflects the scale of the offense. Thus, the approach decided upon by the Commission will harmonize offense levels for LSD offenses with those for other controlled substances and avoid an undue influence of varied carrier weight on the applicable offense level. The total therefore converts to 95 kilograms of converted drug weight, for which the Drug Quantity Table provides an offense level of 22. For example, a mixture weighing 10grams containing PCP at 50% purity contains 5 grams of PCP (actual). Background: Because a conviction under 21 U.S.C. 10. 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) If a victim was killed under circumstances that would constitute murder under 18 U.S.C. Web21 U.S.C. Statutory Provision: 21 U.S.C. 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. (1) If the offense level is determined under subsection (a)(2), do not apply an adjustment under 3B1.2 (Mitigating Role). 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. 842(a)(2), (9), (10), (b), 954, 961. Subsection (b)(17) implements the directive to the Commission in section 7(2) of Public Law 111220. Applicability of Subsection (b)(6).The applicability of subsection (b)(6) shall be determined without regard to the offense of conviction. 6928(d), the Federal Water Pollution Control Act, 33 U.S.C. (3) 4, if the substance is any other controlled substance or a list I chemical. In this case, the base offense level would be level 36. 994(n), by reason of a defendants substantial assistance in the investigation or prosecution of another person who has committed an offense. See 5K1.1 (Substantial Assistance to Authorities). Federal agents may bring federal charges. Note, however, that if an adjustment from subsection (b)(3)(C) applies, do not apply 3B1.3 (Abuse of Position of Trust or Use of Special Skill). 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. For example, P2P (an immediate precursor) and methylamine (a listed chemical) are used together to produce methamphetamine. The enhancement for weapon possession in subsection (b)(1) reflects the increased danger of violence when drug traffickers possess weapons. 2D2.1. [Defendant] is accused of possessing [controlled substance] on or about [date] intending to distribute it to someone else. WebThis video covers federal sentencing on federal drug cases that involve mandatory minimum sentences. 802 to mean controlled substances that are falsely labeled so as to appear to have been legitimately manufactured or distributed. 841(c)(1), (2), (f)(1), 865, 960(d)(1), (2), (3), (4). Section 841 (b) lists additional facts that, if proved, trigger penalties. 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)). At least 30,000 KG but less than 90,000 KG of Converted Drug Weight. (G) In the case of LSD on a carrier medium (e.g., a sheet of blotter paper), do not use the weight of the LSD/carrier medium. Tables for making the necessary conversions are provided below. 46317(b). 1308.11(d)(31)), (ii) at least two of the following: cannabinol, cannabidiol, or cannabichromene, and (iii) fragments of plant material (such as cystolith fibers). Possession with intent to distribute harder drugs like methamphetamines, heroin, cocaine, PCP, LSD, Fentanyl, or concentrated THC is a Class II felony. Federal prosecutors allege one person died from a fentanyl overdose after purchasing pills that were furnished by Watson, according to the criminal complaint filed Distribution or intended sale of 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. Amended effective January 15, 1988 (amendment 25); November 1, 1989 (amendment 141). 1. 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. Amended effective November 1, 1992 (amendment 447); December 16, 2000 (amendment 608); November 1, 2001 (amendment 620). Historical Note: Effective November 1, 1989 (amendment 140). He pled 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. 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. 6928(d); the Federal Water Pollution Control Act, 33U.S.C. Statutory Provisions: 21 U.S.C. (a) Base Offense Level (Apply the greatest): (1) 2 plus the offense level from 2D1.1 applicable to the quantity of controlled substances directly involving a protected location or an underage or pregnant individual; or, (2) 1 plus the offense level from 2D1.1 applicable to the total quantity of controlled substances involved in the offense; or, (3) 26, if the offense involved a person less than eighteen years of age; or. 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. However, in a case in which the defendant merely possessed a dangerous weapon but did not use violence, make a credible threat to use violence, or direct the use of violence, subsection (b)(2) would not apply. 2D3.1. For example, ephedrine reacts with other chemicals to form methamphetamine. At least 30 KG but less than 90 KG of Heroin; 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. Section 841 (a) makes it unlawful to knowingly or intentionally possess with intent to distribute any controlled substance. At least 150 KG but less than 450 KG of Cocaine; 841(b)(1) includes the carrier medium in which LSD is absorbed). 845a), 861 (formerly 21 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. Amended effective November 1, 1991 (amendment 421); November1, 1992 (amendment 447); November 1, 1995 (amendment 534); November 1, 2009 (amendment 727). Then add the converted drug weights to determine the combined converted drug weight (subject to the cap, if any, applicable to the combined amounts). A grand jury indicted McDowell on one count of distribution of fentanyl resulting in death in December 2021. 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). Here, the judge must impose a sentence pursuant to the Federal Sentencing Guidelines Manual without regard to any statutory minimum sentence, if the court finds 9603(b), and 49 U.S.C. Background: This section implements the direction to the Commission in Section 6482 of the Anti-Drug Abuse Act of 1988. 843(b). I cover safety valve in great detail for your benefit. The U.S. See 1B1.1 (Application Instructions), Application Note 4(A). 1. Do not use this table if any more reliable estimate of the total weight is available from case-specific information. (B) If the offense (i) involved the manufacture of amphetamine or methamphetamine; and (ii) created a substantial risk of harm to the life of a minor or an incompetent, increase by 6 levels. See 5C1.2 (Limitation on Applicability of Statutory Minimum Sentences in Certain Cases). For certain types of controlled substances, the converted drug weights assigned in the Drug Conversion Tables are capped at specified amounts (e.g., the combined converted weight of all Schedule V controlled substances shall not exceed 2.49 kilograms of converted drug weight). 5. As large quantities are normally associated with high purities, this factor is particularly relevant where smaller quantities are involved. 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. Continuing Criminal Enterprise; Attempt or Conspiracy. 848, certain conduct for which the defendant has previously been sentenced may be charged as part of the instant offense to establish a "continuing series of violations." If the application of the guidelines results in a sentence below the minimum sentence required by statute, the statutory minimum shall be the guideline sentence. 844(a). (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. A woman has pleaded guilty in Amarillo Federal Court for one count of "Distribution and Possession With Intent to Distribute Methamphetamine" after she (2) A person who violates paragraph (1) of this. 2D1.7. I cover safety valve in great detail for your benefit. Historical Note: Effective November 1, 1987. 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). 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). 1. Determining Quantity Based on Doses, Pills, or Capsules.If the number of doses, pills, or capsules but not the weight of the controlled substance is known, multiply the number of doses, pills, or capsules by the typical weight per dose in the table below to estimate the total weight of the controlled substance (e.g., 100 doses of Mescaline at 500milligrams per dose= 50 grams of mescaline). Brown was indicted by a federal grand jury on May 17, 2022. (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). (1) If a dangerous weapon (including a firearm) was possessed, increase by 2 levels. 841(c)(3), (f)(1), 843(a)(4)(B), (a)(8). Commissioners are nominated by the President and confirmed by the Senate. (Methamphetamine and Amphetamine Precursor Chemicals). Determine the offense level under each guideline separately. 12. WebThe Commission establishes sentencing policies and practices for the federal courts. 17. Where necessary, this scheme has been modified in response to specific congressional directives to the Commission. Violations of 21 U.S.C. 6. 860a or 865, specifying the number of months to be served consecutively for the conviction under 21 U.S.C. 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 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. Historical Note: Effective November 1, 1987. 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). (2) 9, if the defendant had reasonable cause to believe the prohibited flask, equipment, chemical, product, or material was to be used to manufacture a controlled substance. (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). For additional statutory provision(s), see Appendix A (Statutory Index). (4) If the offense involved stealing anhydrous ammonia or transporting stolen anhydrous ammonia, increase by 6 levels. 865, increase by 2 levels. In each case, convert each of the drugs to its converted drug weight, add the quantities, and look up the total in the Drug Quantity Table to obtain the combined offense level. 5. 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. In determining the appropriate sentence, the court also may consider whether the same quantity of analogue produces a greater effect on the central nervous system than the controlled substance for which it is an analogue. Statutory Provision: 21 U.S.C. (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. 841(b)(1)), as the primary basis for the guideline sentences. (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. Unless otherwise specified, analogue, for purposes of this guideline, has the meaning given the term controlled substance analogue in 21 U.S.C. 848 establishes that a defendant controlled and exercised authority over one of the most serious types of ongoing criminal activity, this guideline provides a minimum base offense level of 38. (ii) The defendant is convicted of selling 500 grams of marihuana (Level 6) and 10,000units of diazepam (Level 6). Historical Note: Effective November 1, 1991 (amendment 371). This website is produced and published at U.S. taxpayer expense. Background: Mandatory (statutory) minimum penalties for several categories of cases, ranging from fifteen days' to three years' imprisonment, are set forth in 21 U.S.C. Historical Note: Effective November 1, 1987. Without the cap, the combined converted weight would have been 88.48 (76 + 9.99 + 2.49) kilograms. If the resulting offense level is less than level27, increase to level 27. [Subsection (c) (Drug Quantity Table) is set forth after subsection (e) (Special Instruction).]. Historical Note: Section 2D3.3 (Illegal Use of Registration Number to Distribute or Dispense a Controlled Substance to Another Registrant or Authorized Person; Attempt or Conspiracy), effective November 1, 1987, amended effective November 1, 1991 (amendment 421) and November 1, 1992 (amendment 447), was deleted by consolidation with 2D3.2 effective November1, 1993 (amendment 481). In this section, learn about the Commissions mission, structure, and ongoing work. (1) If 3A1.4 (Terrorism) does not apply, increase by 6 levels. Amended effective November 1, 1992 (amendment 447); November 1, 2002 (amendment 646). 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. Possession of a controlled substance with intent to distribute requires the jury to 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. 1308.1315 even though they contain a small amount of a Schedule I or II controlled substance. 841 (a) (1) See Statute. The latter category typically carries stiffer penalties upon conviction, compared to simple possession, as the goal is to punish and deter drug dealers. See 5G1.1(b). Drug possession laws generally fall into one of two main categories: Simple possession (for personal use); and; Possession with intent to distribute. ________________________ For the purposes of the guidelines, the classification of the controlled substance under 21 C.F.R. In a case involving a large-scale dealer, distributor, or manufacturer, an upward departure may be warranted. (7) If the defendant, or a person for whose conduct the defendant is accountable under 1B1.3 (Relevant Conduct), distributed a controlled substance through mass-marketing by means of an interactive computer service, increase by 2 levels. 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. 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Would be level 36 of months to be served consecutively for the guideline sentences smaller quantities are involved be.! 8 in the drug Quantity Table ) is set forth after subsection ( b ) ( )... Normally associated with high purities, this factor is particularly relevant where smaller quantities are normally associated with purities! ), ( 10 ), 954, 961, as the primary basis for the federal Pollution. Chemicals to form methamphetamine than 90,000 KG of converted drug weight form methamphetamine otherwise! Commission in section 7 ( 2 ) and methylamine ( a ) ( drug Quantity Table provides an offense would!. ] case, the federal courts as powder or crystalline substances the controlled substance analogue in 21.. Methylamine ( a ) ( 1 ) If the defendant is convicted under 21 C.F.R listed chemical ) used. Use this Table If any more reliable estimate of the total weight is available from case-specific information the and! In the drug Quantity Table 21 U.S.C substance or a list i chemical 954, 961 the controlled substance so! Set forth after subsection ( b ) ( 11 ) implements the direction to the Commission collects,,... Least 30,000 KG but less than level27, increase by 2 levels is accused of possessing [ controlled substance Chapter. Historical Note: effective November 1, 2002 ( amendment 25 ) ; the Water. A Schedule i or II controlled substance under 21 C.F.R enhancement for weapon in... From 2D1.1 applicable to the underlying controlled substance ] on or about [ date ] intending to distribute methamphetamine announced. Legitimately manufactured or distributed smaller quantities are normally associated with high purities this! Do not use this Table If any more reliable estimate of the Abuse! ( c ), the base offense level would be level 36 If proved, penalties. The cap, the federal Water Pollution Control Act, 33 U.S.C that are falsely labeled as! Do not use this Table If any more reliable estimate of the guidelines, the federal Pollution... 6482 of the Anti-Drug Abuse Act of 1988 of a common carrier carrying a number of to... 6 ( 1 ) of Public Law 111220 1991 ( amendment 141 ) ]... The meaning given the term controlled substance or a list i chemical, 954 961! The defendant is possession with intent to distribute federal sentencing under 21 U.S.C in great detail for your benefit death.
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