Continuing Criminal Enterprise; Attempt or Conspiracy. Subsection (b)(12) implements the directive to the Commission in section 6(2) of Public Law 111220. (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. 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). (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. For example, subsection (a)(2) would not apply to a defendant who possessed a dangerous weapon in connection with the offense, a defendant who guarded the cache of controlled substances, a defendant who arranged for the use of the premises for the purpose of facilitating a drug transaction, a defendant who allowed the use of more than one premises, a defendant who made telephone calls to facilitate the underlying controlled substance offense, or a defendant who otherwise assisted in the commission of the underlying controlled substance offense. 845), 860 (formerly 21 U.S.C. (3) 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. 863 (formerly 21 U.S.C. 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. Substantial Risk of Harm Associated with the Manufacture of Amphetamine and Methamphetamine.. Background: Because a conviction under 21 U.S.C. 1. In such cases, an upward departure may be warranted. 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. 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. Where the circumstances establish intended consumption by a person other than the defendant, an upward departure may be warranted. Manufacture; distribution. (ii) The defendant is convicted of selling 500 grams of marihuana (Level 6) and 10,000units of diazepam (Level 6). 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. 9603(b), and 49 U.S.C. Where necessary, this scheme has been modified in response to specific congressional directives to the Commission. Amended effective October 15, 1988 (amendment 66); November1, 1989 (amendment 139); November 1, 1992 (amendment 447). (11) If the defendant bribed, or attempted to bribe, a law enforcement officer to facilitate the commission of the offense, increase by 2 levels. The base offense level for each chemical is calculated separately and the chemical with the higher base offense level is used. This was to be expected due to the drop in the number of these charges being filed, as described above. Amended effective November 1, 1992 (amendment 447); November 1, 2002 (amendment 646). 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. Background: This section covers the offense of knowingly opening, maintaining, managing, or controlling any building, room, or enclosure for the purpose of manufacturing, distributing, storing, or using a controlled substance contrary to law (e.g., a "crack house"). "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). 841(c)(2) or (f)(1), or 960(d)(2), (d)(3), or (d)(4), decrease by 3 levels, unless the defendant knew or believed that the listed chemical was to be used to manufacture a controlled substance unlawfully. 4. (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. 1. The federal statute sets a maximum penalty for each crime. The offense levels assume that the offense involved the operation of a common carrier carrying a number of passengers, e.g., a bus. 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 (8) If the offense involved the distribution of an anabolic steroid and a masking agent, increase by 2 levels. 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. (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. (i) the defendant was convicted under 21 U.S.C. PAUL, Minn. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine, announced United States Attorney Andrew M. Luger. (21 U.S.C. WebThis list includes all federal (not state) sentencing laws that require the judge to give the offender a mandatory minimum prison term. delivery or possession with intent to deliver methamphetamine or a substance containing methamphetamine. Applicability of Subsection (b)(6).The applicability of subsection (b)(6) shall be determined without regard to the offense of conviction. In such a case, an upward departure may be warranted. 23. Laws that require the judge manufacture, distribution, or possession with intent to distribute, no death or serious bodily injury results 1st offense; manufacturing, distributing, or possessing with intent to 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). In this section, you can follow the Commissions work through the amendment cycle as priorities are set, research is performed, testimony is heard, and amendments are adopted. The enhancement for weapon possession in subsection (b)(1) reflects the increased danger of violence when drug traffickers possess weapons. Statutory Provisions: 21 U.S.C. 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. Example: The defendant was in possession of five kilograms of ephedrine and 300 grams of hydriodic acid. 1. In controlled substance offenses, an attempt is assigned the same offense level as the object of the attempt. If the resulting offense level is less than level 26, increase to level 26. In some cases, the enhancement under subsection (b)(14)(A) may not account adequately for the seriousness of the environmental harm or other threat to public health or safety (including the health or safety of law enforcement and cleanup personnel). See 5C1.2(b)(2)(requiring a minimum offense level of level 17 if the "statutorily required minimum sentence is at least five years"). (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. (B) Upward Departure Provision.If the defendant committed a sexual offense against more than one individual, an upward departure would be warranted. Web4.21.841 (a) (1)A Possession With Intent to Distribute a Controlled Substance, 21 U.S.C. (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. 841(b)(1)(E) or 21 U.S.C. Endangering Human Life While Illegally Manufacturing a Controlled Substance; Attempt or Conspiracy. 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). 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. If the resulting offense level is less than level 27, increase to level 27. 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. 4. 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