See 1B1.3(a)(2) (Relevant Conduct). 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: Example: The defendant was in possession of five kilograms of ephedrine and 300 grams of hydriodic acid. 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. The base offense level for each chemical is calculated separately and the chemical with the higher base offense level is used. 841, 960, 962, and 46 U.S.C. At least 30 KG but less than 90 KG of Heroin; In this example, the amount delivered more accurately reflects the scale of the offense. 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. 18. Application of Subsection (e)(1).. Historical Note: Effective November 1, 1987. (9) If the defendant distributed an anabolic steroid to an athlete, increase by 2 levels. (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. The diazepam, a Schedule IV drug, converts to 625 grams of converted drug weight. (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. 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. 865, specifying the number of months to be served consecutively for the conviction under 21 U.S.C. Historical Note: Effective November 1, 1987. 1319(c), the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Unlawfully Distributing, Importing, Exporting or Possessing a Listed Chemical; Attempt or Conspiracy. Examples of such materials include the fiberglass in a cocaine/fiberglass bonded suitcase, beeswax in a cocaine/beeswax statue, and waste water from an illicit laboratory used to manufacture a controlled substance. Amended effective November 1, 1991 (amendment 421); November1, 1992 (amendment 447); November 1, 1995 (amendment 534); November 1, 2009 (amendment 727). Note, however, that 18 U.S.C. Under this format, a dealer charged with trafficking 400 grams of powder, worth PAUL A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine after law enforcement seized a pound of Likewise, an adjustment under 3B1.3 ordinarily would apply in a case in which the defendant is convicted of a drug offense resulting from the authorization of the defendant to receive scheduled substances from an ultimate user or long-term care facility. [Defendant] is accused of possessing [controlled substance] on or about [date] intending to distribute it to someone else. At least 15 KG but less than 45 KG of Amphetamine, or The USSC HelpLine assists practitioners in applying the guidelines. 11. Historical Note: Effective November 1, 1987. Cases Involving Small Amount of Marihuana for No Remuneration.Distribution of a small amount of marihuana for no remuneration, 21 U.S.C. If the resulting offense level is greater than level 32 and the defendant receives the 4-level ("minimal participant") reduction in 3B1.2(a), decrease to level 32. Public Access to Commission Data and Documents. Manufacture; distribution. (a) Base Offense Level (Apply the greatest): (1) 43, if the defendant is convicted under 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. (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. Do not use this table if any more reliable estimate of the total weight is available from case-specific information. 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. 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). Mixture or substance does not include materials that must be separated from the controlled substance before the controlled substance can be used. Application of Subsection (b)(16).. Amended effective November 1, 1991 (amendment 397); November1, 1992 (amendment 447). Historical Note: Effective November 1, 1987. 2. The U.S. 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. 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. 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 Webpossessing with the intent to distribute or dispense controlled substances except as otherwise authorized by the Controlled Substances Act. 848 will be grouped with other drug offenses for the purpose of applying Chapter Three, Part D (Multiple Counts). Penalties for these charges can range from one year in prison to no more than 50 years, depending on the quantity found. (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. At least 30,000 KG but less than 90,000 KG of Converted Drug Weight. Any person who violates this subsection (b) shall be guilty of a Class 3 felony, 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). 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. 3. WebSee Instruction 3.15. The cocaine converts to 16 kilograms of converted drug weight, and the cocaine base converts to 7.142 kilograms of converted drug weight. (a) Base Offense Level: The offense level from the Chemical Quantity Table set forth in subsection (d) or (e), as appropriate, except that if (A) the defendant receives an adjustment under 3B1.2 (Mitigating Role); and (B) the base offense level under subsection (d) 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. Minor has the meaning given that term in Application Note 1 of the Commentary to 2A3.1 (Criminal Sexual Abuse). (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. 860a of manufacturing, or possessing with intent to manufacture, methamphetamine on premises where a minor is present or resides; or. (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). 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. 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 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). (21 U.S.C. (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. 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. Where necessary, this scheme has been modified in response to specific congressional directives to the Commission. (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. [ date ] intending to distribute it to someone else Compensation, and 46 U.S.C [ ]. 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