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. Continuing Criminal Enterprise; Attempt or Conspiracy. Amended effective November 1, 1991 (amendment 421); November1, 1992 (amendment 447); November 1, 1995 (amendment 534); November 1, 2009 (amendment 727). (E) Departures for Certain Cases involving Synthetic Cannabinoids.. 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. 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). UNLAWFUL MANUFACTURING, IMPORTING, EXPORTING, TRAFFICKING, OR POSSESSION; CONTINUING CRIMINAL ENTERPRISE, 2D1.1. The offense level for methylamine is determined by using 2D1.11. |&`A'girQ!,|^k,b h0731Yfx` ,u'VeTB*g#-y00. If the resulting offense level is less than level 30, increase to level 30. Historical Note: Effective November 1, 1987. If subsection (b)(6) applies, 5C1.2(b) does not apply. 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). At least 15 KG but less than 45 KG of Methamphetamine, or For additional statutory provision(s), see Appendix A (Statutory Index). 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. (1) If a dangerous weapon (including a firearm) was possessed, increase by 2levels. Determining Drug Types and Drug Quantities.Types and quantities of drugs not specified in the count of conviction may be considered in determining the offense level. (Treating LSD on a carrier medium as weighing 0.5 milligram per dose would produce offense levels equivalent to those for PCP.) Historical Note: Effective November 1, 1987. 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). At the same time, the weight per dose selected is less than the weight per dose that would equate the offense level for LSD on a carrier medium with that for the same number of doses of PCP, a controlled substance that comparative assessments indicate is more likely to induce violent acts and ancillary crime than is LSD. 843(b). 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 Commission serves as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public. See 1B1.3(a)(2) (Relevant Conduct). (9) If the defendant distributed an anabolic steroid to an athlete, increase by 2 levels. (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. (iv) The defendant is convicted of selling 76,000 units of a Schedule III substance, 200,000units of a Schedule IV substance, and 600,000 units of a Schedule V substance. For example, the enhancement would not be applied if the defendant, arrested at the defendants residence, had an unloaded hunting rifle in the closet. "Interactive computer service", for purposes of subsection (b)(3) and this note, has the meaning given that term in section 230(e)(2) of the Communications Act of 1934 (47 U.S.C. (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. Minor has the meaning given that term in Application Note 1 of the Commentary to 2A3.1 (Criminal Sexual Abuse). Sentencing Guidelines and other statutory factors. (III) The duration of the offense, and the extent of the manufacturing operation. (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 Pascagoula man was sentenced to 70 months in federal prison for possession with intent to distribute methamphetamine, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation. Offenses covered by this guideline may vary widely with regard to harm and risk of harm. (B) Upward Departure Provision.If the defendant committed a sexual offense against more than one individual, an upward departure would be warranted. Regulatory Offenses Involving Controlled Substances or Listed Chemicals; Attempt or Conspiracy. Web(1) Upon conviction of Paragraph (B)(4) or (C)(4) of this Section, possession with intent to distribute fentanyl or carfentanil or possession of fentanyl or carfentanil, the court may suspend any sentence which it imposes and place the defendant on probation pursuant to Article 893 of the Code of Criminal Procedure. The Commission establishes sentencing policies and practices for the federal courts. (ii) The manner in which hazardous or toxic substances were disposed, and the likelihood of release into the environment of hazardous or toxic substances. Unless otherwise specified, analogue, for purposes of this guideline, has the meaning given the term controlled substance analogue in 21 U.S.C. Subsection (b)(2) implements the directive to the Commission in section 5 of Public Law111220. 22. 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 the case of a mixture or substance containing PCP, amphetamine, or methamphetamine, use the offense level determined by the entire weight of the mixture or substance, or the offense level determined by the weight of the PCP (actual), amphetamine (actual), or methamphetamine (actual), whichever is greater. (3) 4, if the substance is any other controlled substance or a list I chemical. (2) A person who violates paragraph (1) of this. 860a or 865, specifying the number of months to be served consecutively for the conviction under 21 U.S.C. For an anabolic steroid that is not in a pill, capsule, tablet, or liquid form (e.g., patch, topical cream, aerosol), the court shall determine the base offense level using a reasonable estimate of the quantity of anabolic steroid involved in the offense. In such a case, a downward departure may be warranted. 230(f)(2)). Imposition of Consecutive Sentence for 21 U.S.C. 5124 (relating to violations of laws and regulations enforced by the Department of Transportation with respect to the transportation of hazardous material). 4. 6928(d), the Federal Water Pollution Control Act, 33 U.S.C. 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. 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. (B) The terms PCP (actual), Amphetamine (actual), and Methamphetamine (actual) refer to the weight of the controlled substance, itself, contained in the mixture or substance. If the resulting offense level is less than level 27, increase to level 27. (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. 14. 865, increase by 2 levels. In such a case, an upward departure would be warranted. At least 3 KG but less than 9 KG of a Fentanyl Analogue; 2D3.2. 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. Application of Subsection (b)(4).For purposes of subsection (b)(4), "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. 860a of manufacturing, or possessing with intent to manufacture, methamphetamine on premises where a minor is present or resides; or. The Drug Conversion Tables set forth in Application Note 8 were previously called the Drug Equivalency Tables. 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. 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 (B) To calculate the base offense level in an offense that involves two or more chemicals each of which is set forth in the Ephedrine, Pseudoephedrine, and Phenylpropanolamine Quantity Table, (i) aggregate the quantities of all such chemicals, and (ii) determine the base offense level corresponding to the aggregate quantity. (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. 1. 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. 3553(f) provides an exception to the applicability of mandatory minimum sentences in certain cases. 802 to mean controlled substances that are falsely labeled so as to appear to have been legitimately manufactured or distributed. (A) Hazardous or Toxic Substances (Subsection (b)(14)(A)).Subsection (b)(14)(A) 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. A communication facility includes any public or private instrument used in the transmission of writing, signs, signals, pictures, and sound; e.g., telephone, wire, radio. See 5C1.2 (Limitation on Applicability of Statutory Minimum Sentences in Certain Cases). (C) Examples for Combining Differing Controlled Substances.. For example, a defendant agrees to sell 500 grams of cocaine, the transaction is completed by the delivery of the controlled substance actually 480 grams of cocaine, and no further delivery is scheduled. 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 This was to be expected due to the drop in the number of these charges being filed, as described above. (Methamphetamine and Amphetamine Precursor Chemicals). 23. (A) Downward Departure Based on Drug Quantity in Certain Reverse Sting Operations.If, in a reverse sting (an operation in which a government agent sells or negotiates to sell a controlled substance to a defendant), the court finds that the government agent set a price for the controlled substance that was substantially below the market value of the controlled substance, thereby leading to the defendants purchase of a significantly greater quantity of the controlled substance than his available resources would have allowed him to purchase except for the artificially low price set by the government agent, a downward departure may be warranted. (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. D ), the federal Water Pollution Control Act, 33 U.S.C federal Water Control... 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