Most federal drug offenses are found in Title 21 of the United States Code. The most commonly charged felony drug offenses are: (1) 21 U.S.C. §841(a)(1), including the distribution and manufacture of controlled substances and possession with the intent to do so; (2) §§952 and 960, importation of controlled substances; and (3) §§846 and 963, the special conspiracy statutes for possession/manufacturing and importation, respectively.
One of the most devastating features of federal criminal drug laws is mandatory minimums. The Anti-Drug Abuse Acts of 1986 and 1988 revised the maximum penalties for narcotic offenses and added provisions for mandatory minimum sentences based upon specified quantities of particular narcotics. Section 844(a), for example, was amended to provide a penalty of five to 20 years for simple possession in any of three circumstances: (1) possession of greater than five grams of a mixture or substance containing cocaine base ("crack"); (2) a second possession conviction if the amount is greater than three grams of cocaine base; or (3) a third (or further) conviction if the amount is greater than one gram of cocaine base. Congress also amended the Continuing Criminal Enterprise statute, §848, to provide for a minimum of 20 years to life imprisonment or the death penalty for an intentional killing to further the enterprise.
The minimum mandatory provisions of §§841 and 960 mandate that a defendant facing a minimum mandatory of five years to 40 years, or 10 years to life, face enhancements of 10 years to life and 20 years to life, respectively, if previously convicted of a state or federal drug felony. If an individual had been convicted previously of two drug felonies and indicted for a quantity of drugs involving a 10-year minimum mandatory sentence for a first time offender, the person faces a mandatory sentence of life imprisonment without the possibility of parole.
Contact Vladimir Gagic at his Phoenix office today.
