Drug Offenses: Sentencing Under the United States Sentencing Guidelines - An Example

Drug Offenses: Sentencing Under the United States Sentencing Guidelines - An Example

Order Code RL30721
Report for Congress
Received through the CRS Web
Drug Offenses: Sentencing
Under the United States
Sentencing Guidelines - An Example
Updated January 30, 2003
-name redacted-
Senior Specialist
American Law Division
Congressional Research Service ˜ The Library of Congress

Drug Offenses: Sentencing Under the United States
Sentencing Guidelines - An Example
Summary
The federal sentencing guidelines determine the sentences imposed as
punishment for most federal crimes. The guidelines system is essentially a scorecard
system. This is the application of the sentencing guidelines to the case of a defendant
convicted of possession of crack cocaine with the intent to distribute and with
unlawful possession of a firearm. The example follows the outline that governs
federal sentencing under the guidelines:
I. The applicable guideline which sets the base offense level for the crime(s) of
conviction (i.e., the level assigned based on the nature of the offense):
A. Add levels to account for the presence of any aggravating factors
indicated in the guideline.
B. Subtract levels to account for any mitigating factors designated in the
guideline.
II. Adjustments (levels added and subtracted) for:
A. Victim-related
B. Role in the offense
C. Obstruction
D. Multiple counts
E. Acceptance of responsibility.
III. Criminal history category (assign points for criminal record).
IV. Career offender alternative (required in some cases).
V. Sentencing table (final offense level points/criminal history points =
sentencing range).
VI. Sentence (sentencing range used to determine punishment)
A. Probation
B. Imprisonment
C. Supervised release
D. Restitution
E. Fine
F. Forfeiture
G. Special assessments.
VII. Departures.
The procedure is equally applicable to sentencing for crimes associated with :
heroin, cocaine, crack, PCP, LSD, marihuana (marijuana), amphetamine,
methamphetamine, listed (precursor) chemicals, paraphernalia, drug kingpins, as well
as the other substances including narcotics and opiates assigned to Schedule I,
Schedule II, Schedule III, Schedule IV, and Schedule V of the Controlled Substances
Act, and include drug quantity and drug equivalency tables. The report is an excerpt
from CRS Report 97-141 A, Drug Smuggling, Drug Dealing and Drug Abuse:
Background and Overview of the Sanctions Under the Federal Controlled
Substances Act and Related Statutes.

Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
SENTENCING TABLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Other Consequences of Controlled Substance Violations . . . . . . . . . . . . . . 14
Forfeitures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Civil Forfeiture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Criminal Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Civil Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Other Disabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Federal Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Mandatory Probation Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
APPENDIX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Drug Offenses: Sentencing Under the
United States Sentencing Guidelines - An
Example

Introduction
The federal sentencing guidelines determine the sentences meted out as
punishment for most federal crimes. The guidelines system is essentially a scorecard
system. Congress created the United States Sentencing Commission and authorized
it to promulgate sentencing guidelines1 in order to eliminate and prevent
“unwarranted sentencing disparity.”2 The Commission's mandate includes the power
to amend the guidelines or promulgate new ones. Commission amendments become
effective unless affirmatively modified or rejected by Act of Congress, 28 U.S.C.
944(p).
The guidelines apply to sentences imposed by the federal courts for crimes
committed after November 1, 1987. The statutes that define federal crimes still
identify the maximum penalties – and in some cases the minimum sentences – that
may be assessed.3 The guidelines, however, provide the standards that most often
1 28 U.S.C. 991-998; Mistretta v. United States, 488 U.S. 361 (1989) (upholding the
constitutionality of the Commission and the guidelines).
2 H.R.Rep.No. 1017, 98th Cong., 2d Sess. 34 (1984); S.Rep.No. 225, 98th Cong., 1st Sess.
41 (1983).
3 Sentencing courts may ignore statutory mandatory minimums upon petition of the
government and in some first offender controlled substance cases:
“(e) Limited authority to impose a sentence below a statutory minimum.–Upon
motion of the Government, the court shall have the authority to impose a sentence below a
level established by statute as minimum sentence so as to reflect a defendant's substantial
assistance in the investigation or prosecution of another person who has committed an
offense. Such sentence shall be imposed in accordance with the guidelines and policy
statements issued by the Sentencing Commission pursuant to section 994 of title 28, United
States Code.
“(f) Limitation on applicability of statutory minimums in certain
cases.–Notwithstanding any other provision of law, in the case of an offense under section
401, 404, or 406 of the Controlled Substances Act (21 U.S.C. 841, 844, 846) or section 1010
or 1013 of the Controlled Substances Import and Export Act (21 U.S.C. 961, 963), the court
shall impose a sentence pursuant to guidelines promulgated by the United States Sentencing
Commission under section 994 of title 28 without regard to any statutory minimum sentence,
if the court finds at sentencing, after the Government has been afforded the opportunity to
make a recommendation, that – (1) the defendant does not have more than 1 criminal history

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dictate how federal criminals will be punished within the boundaries Congress has
established.
The federal courts must impose a sentence within the range the guidelines call for
unless (1) the government moves for departure based upon the defendant’s
cooperation with law enforcement authorities,4 (2) the guidelines expressly authorize
departure,5 or (3) the court feels that the Commission failed to adequately consider
the kind of factors raised by a particular case when it developed the otherwise
applicable guidelines.6
The guidelines assign most federal crimes to one of forty-three “offense levels”
based on the severity of the offense.7 Every offender is assigned to one of six
“criminal history categories” based upon the extent of his or her past misconduct.
The combination of offense levels and criminal history categories governs the
severity of the penalties imposed.
point, as determined under the sentencing guidelines; (2) the defendant did not use violence
or credible threats of violence or possess a firearm or other dangerous weapon (or induce
another participant to do so) in connection with the offense; (3) the offense did not result
in death or serious bodily injury to any person; (4) the defendant was not an organizer,
leader, manager, or supervisor of others in the offense, as determined under the sentencing
guidelines and was not engaged in a continuing criminal enterprise, as defined in 21 U.S.C.
848; and (5) not later than the time of the sentencing hearing, the defendant has truthfully
provided to the Government all information and evidence the defendant has concerning the
offense or offenses that were part of the same course of conduct or of a common scheme or
plan, but the fact that the defendant has no relevant or useful other information to provide
or that the Government is already aware of the information shall not preclude a
determination by the court that the defendant has complied with this requirement,” 18
U.S.C. 3553.
4 “The [sentencing] court shall impose a sentence of the kind, and within the range, referred
to in [the sentencing guidelines] unless the court finds that there exists an aggravating or
mitigating circumstance of a kind, or to a degree, not adequately taken into consideration
by the Sentencing Commission in formulating the guidelines that should result in a sentence
different from that described. . . .” 18 U.S.C. 3553(b).
“Upon motion of the government stating that the defendant has provided substantial
assistance in the investigation or prosecution of another person who has committed an
offense, the court may depart form the guidelines,” U.S.S.G. §5K1.1.
5 E.g., U.S.S.G. §4A1.3 authorizing a sentence more severe than the guidelines would
otherwise permit (a so-called “upward departure”) if, in the sentencing court’s view, the
guideline’s procedure for calibrating the weight to be given a defendant’s criminal record
does not adequately reflect the seriousness of the defendant’s past criminal conduct or the
likelihood that the defendant will commit other crimes; a corresponding “downward
departure” based upon the court’s view that the defendant’s past conduct is more
commendable than guideline procedure acknowledges is not authorized.
6 18 U.S.C. 3553(b).
7 “If the offense is a felony or Class A misdemeanor for which no guideline expressly has
been promulgated, . . . the most analogous offense guideline [applies]," U.S.S.G. §2X5.1.

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This is an example of the operation of the federal sentencing guidelines applied
in a drug case,8 with the sentence calculated according to the guidelines’ score-
keeping procedure using the following outline:
I. The applicable guideline which sets the base offense level for the crime(s) of
conviction (i.e., the level assigned based on the nature of the offense).
A. Add levels to account for the presence of any aggravating factors
indicated in the guideline
B. Subtract levels to account for any mitigating factors designated in the
guideline.
II. Adjustments (levels added and subtracted) for:
A. Victim related
B. Role in the offense
C. Obstruction
D. Multiple counts
E. Acceptance of responsibility.
III. Criminal history category (assign points for criminal record).
IV. Career offender alternative (required in some cases).
V. Sentencing table (final offense level points/criminal history points =
sentencing range).
VI. Sentence (sentencing range used to determine punishment)
A. Probation
B. Imprisonment
C. Supervised release
D. Restitution
E. Fine
F. Forfeiture
G. Special assessments.
VII. Departures
Application
“A grand jury indicted Hill for drug-related offenses committed on or about May
18, 1993. Counts one and two charged Hill with possession with intent to distribute
approximately 20.8 grams of cocaine base (commonly known as “crack”) and 52.9
grams of cocaine powder respectively, in violation of 21 U.S.C. §841(a)(1).9 Count
8 United States v. Hill, 79 F.3d 1477 (6th Cir. 1996).
9 “(a) . . . it shall be unlawful for any person knowingly or intentionally – (1) to . . . possess
with intent to . . . distribute . . . a controlled substance. . . .
“(b) . . . any person who violates subsection (a) of this section shall be sentenced as
follows: (1)(A) In the case of a violation of subsection (a) of this section involving . . . (ii)
5 kilograms or more of a mixture or substance containing a detectable amount of . . . (II)

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three charged Hill with possession of a firearm in violation of 18 U.S.C. 922(g).10
cocaine. . . (iii) 50 grams or more of a mixture or substance described in clause (ii) which
contains cocaine base . . . such person shall be sentenced to a term of imprisonment which
may not be less than 10 years or more than life . . . a fine not to exceed the greater of that
authorized in accordance with the provisions of Title 18, or $4,000,000 . . . or both. If any
person commits such a violation after a prior conviction for a felony drug offense has
become final, such person shall be sentenced to a term of imprisonment which may not be
less than 20 years and not more than life imprisonment . . . a fine not to exceed the greater
of twice that authorized in accordance with the provisions of Title 18, or $8,000,000 . . . or
both. If any person commits a violation of this subparagraph . . . after two or more prior
convictions for a felony drug offense have become final, such person shall be sentenced to
a mandatory term of life imprisonment without release and fined in accordance with the
preceding sentence. Any sentence under this subparagraph shall, in the absence of such a
prior conviction, impose a term of supervised release of at least 5 years in addition to such
term of imprisonment and shall, if there was such a prior conviction, impose a term of
supervised release of at least 10 years in addition to such term of imprisonment.
Notwithstanding any other provision of law, the court shall not place on probation or
suspend the sentence of any person sentenced under this subparagraph. . . .
“(B) In the case of a violation of subsection (a) of this section involving . . .(ii) 500
grams or more of a mixture or substance containing a detectable amount of . . . (II) cocaine
. . . (iii) 5 grams or more of a mixture or substance described in clause (ii) which contains
cocaine base. . . such person shall be sentenced to a term of imprisonment which may not
be less than 5 years and not more than 40 years . . . a fine not to exceed the greater of that
authorized in accordance with the provisions of Title 18, or $2,000,000 . . . or both. If any
person commits such a violation after a prior conviction for a felony drug offense has
become final, such person shall be sentenced to a term of imprisonment which may not be
less than 10 years and not more than life imprisonment . . . a fine not to exceed the greater
of twice that authorized in accordance with the provisions of Title 18, or $4,000,000 . . . or
both. Any sentence imposed under this subparagraph shall, in the absence of such a prior
conviction, include a term of supervised release of at least 4 years in addition to such term
of imprisonment and shall, if there was such a prior conviction, include a term of supervised
release of at least 8 years in addition to such term of imprisonment. Notwithstanding any
other provision of law, the court shall not place on probation or suspend the sentence of any
person sentenced under this subparagraph. . . .
“(C) In the case of a controlled substance in schedule I or II except as provided in
subparagraphs (A), (B), and (D), such person shall be sentenced to a term of imprisonment
of not more than 20 years . . . a fine not to exceed the greater of that authorized in
accordance with the provisions of Title 18, or $1,000,000 . . . or both. If any person
commits such a violation after a prior conviction for a felony drug offense has become final,
such person shall be sentenced to a term of imprisonment of not more than 30 years . . . a
fine not to exceed the greater of twice that authorized in accordance with the provisions of
Title 18, or $2,000,000 . . . or both. Any sentence imposing a term of imprisonment under
this paragraph shall, in the absence of such a prior conviction, impose a term of supervised
release of at least 3 years in addition to such term of imprisonment and shall, if there was
such a prior conviction, impose a term of supervised release of at least 6 years in addition
to such term of imprisonment. . . .” 21 U.S.C. 841(a),(b).
10 “It shall be unlawful for any person – (1) who has been convicted in any court of, a crime
punishable by imprisonment for a term exceeding one year . . . to possess in or affecting
commerce, any firearm or ammunition; or to receive any firearm or ammunition which has
been shipped or transported in interstate or foreign commerce,” 18 U.S.C. 922(g).
“Whoever knowingly violates subsection . . . (g) of section 922 shall be fined as
provided in this title, imprisoned not more than 10 years or both,” 18 U.S.C. 924(a)(2).

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Pursuant to a written plea agreement, Hill pleaded guilty to counts one and three, and
the government agreed to dismiss count two of the indictment. The government also
agreed to dismiss its appeal of the district court’s grant of Hill’s motion to suppress
in a 1991 case in which Hill had been indicted for possession with intent to distribute
approximately 75.4 grams of cocaine base,” United States v. Hill, 79 F.3d 1477, 1480
(6th Cir. 1996). The firearms charge was based on the discovery of a handgun in the
master bedroom of an apartment Hill shared with his girlfriend whom he claimed
kept the gun for protection. At the time of his arrest, Hill had prior convictions for
6 misdemeanors and a felony for crimes ranging from possession of drug
paraphernalia to assault and battery and had been paroled most recently on July 1,
1990.
I. Base offense level. The Statutory Index, U.S.S.G. App.A, identifies U.S.S.G.
§2D1.1 as the guideline section applicable to violations of 21 U.S.C. 841 and
U.S.S.G. §2K2.1 as the guideline section applicable to violations of 18 U.S.C.
922(g). Under section 2D1.1, the base offense level is determined by the section’s
Drug Quantity Table unless the offense resulted in the death or serious bodily injury
of another (in which case the base offense level is 38 for first time offenders and 43
for those with prior controlled substance convictions), U.S.S.G. §2D1.1(a). The
Drug Table (appended) establishes the base offense level according the weight and
type of controlled substance involved.
In Hill, the 20.8 grams of crack would carry a base offense level of 28, U.S.S.G.
§2D1.1(c)(6), but the district court found that the 75.4 grams of crack involved in the
1991 dismissed indictment constituted “relevant conduct”11 and thus should be
counted for sentencing guideline purposes so that the appropriate base offense level
for the combined weight of the crack (75.4 + 20.8 = 96.2) would be 32, U.S.S.G.
§2D1.1.(c)(4). The court of appeals found that the two single violations were too
remote in time to be considered part of the common pattern necessary to consider the
earlier possession “relevant conduct” for sentencing purposes. Thus, the base offense
level for possession of between 20 and 35 grams of crack possession offense is:
28
In cases such as Hill that involve more than one type of controlled substance, the
guidelines provide a conversion device to permit them to be merged into a single
offense level. The device involves assigning various controlled substances
equivalence weights, using marihuana as a standard, in a Drug Equivalency Table
provided in section 2D1.1 (appended infra at 27). Thus, for example, 1 gram of
heroin has been assigned a drug equivalency of 1 kilogram of marihuana. In the case
11 “Unless otherwise specified, (i) the base offense level where the guideline specifies more
than one base offense level . . . shall be determined on the basis of the following: (1)(A) all
acts and omissions committed, aided, abetted, counseled, commanded, induced, procured,
or willfully caused by the defendant . . . that occurred during the commission of the offense
of conviction, in preparation for that offense, or in the course of attempting to avoid
detection or responsibility for that offense. . . .(2) sole with respect to offenses of a character
for which §3D1.2(d) would require grouping of multiple counts, all acts and omissions
described in subdivisions (1)(A) and (1)(B) above that were part of the same course of
conduct or common scheme or plan as the offense of the conviction. . . .” U.S.S.G.
§1B1.3(a).

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of crack and powder cocaine, 1 gram of powder cocaine is considered the equivalent
of 200 grams of marihuana and 1 gram of crack the equivalent of 20 kilograms
(2,000 grams) of marihuana.
In Hill, this means 52.9 grams of cocaine yield a marihuana equivalent weight of
10.58 kilograms (52.9 x 200 = 10580 grams) of marihuana and 20.8 grams of crack
yield a marihuana equivalent weight of 416 kilograms (20.8 x 20 = 416 kilograms)
of marihuana. Together they have a marihuana equivalent weight of 426.58
kilograms which translates to a base offense level of: 28
Section 2D1.1 modifies the base offense level for four factors. It adds 2 levels
if a dangerous weapon is possessed, U.S.S.G. §2D1.1(b)(1); it adds 2 levels (to a
required minimum total offense level of 26) for drug smuggling involving a private
or chartered airplane or involving the defendant as the pilot, captain, navigator or
other operator of “any craft or vessel,” U.S.S.G. §2D1.1(b)(2); it adds 2 levels for
distribution in prison or in a correctional or detention facility, U.S.S.G. §2D1.1(b)(3);
and if the offense level is 26 or greater, it subtracts 2 offense levels if the defendant
is a first time offender, did not use violence or possess a dangerous weapon, was not
a prime mover in a continuing criminal enterprise, provided authorities with all the
information he had concerning the offense and related offenses, and if no one died
or was seriously injured as a result of the offense, U.S.S.G. §§2D1.1.1(b)(4), 5C1.2.
Because Hill pled guilty to possession of a firearm, over which he might have
been found to have constructive possession and which the lower court could have
found was possessed in connection with the offense, Hill's offense level for the crack
possession offense was increased by +2 (bring the offense level to 30).
With respect to the firearms charge in count three of Hill’s indictment, there are
eight possible base offense levels for a firearms offense: 26, if the defendant has 2
or more prior felony convictions involving drugs or violence and the firearm is a
sawed-off shotgun, sawed-off rifle, machinegun, destructive device (bomb),
semiautomatic assault weapon, or has a silencer, U.S.S.G. §2K2.1(a)(1); 24, if the
defendant simply has 2 or more prior felony convictions involving drugs or violence,
U.S.S.G. §2K2.1.(a)(2); 22, if the defendant has a prior felony conviction involving
drugs or violence and the firearm is a sawed-off shotgun, sawed-off rifle,
machinegun, destructive device (bomb), semiautomatic assault weapon, or has a
silencer, U.S.S.G. §2K2.1(a)(3); 20, if the defendant has a prior felony conviction
involving drugs or violence or the defendant is a “prohibited person” (person with
a previous felony conviction, a fugitive, an illegal alien, drug addict, or mental
defective) and the firearm is a sawed-off shotgun, sawed-off rifle, machinegun,
destructive device (bomb), semiautomatic assault weapon, or has a silencer, U.S.S.G.
§2K2.1(a)(4); 18, if the firearm is a sawed-off shotgun, sawed-off rifle, machinegun,
destructive device (bomb), semiautomatic assault weapon, or has a silencer, U.S.S.G.
§2K2.1(a)(5); 14 if the defendant is a prohibited person; 6, for the less severely
punishable violations of 18 U.S.C. 922 (e.g., dealer violations of the Brady Act
waiting requirements), U.S.S.G. §2K2.1(a)(8); and 12, for all other violations,
U.S.S.G. §2K2.1(a)(7).

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The firearm in Hill was a handgun, but Hill had a prior felony conviction
involving drugs or violence, so the base offense level under U.S.S.G. §2K2.1 (a)(4)
is: 20
Section 2K2.1 requires offense level modification under six circumstances: when
several firearms are involved, add 2 to 10 offense levels based on the number of
firearms involved (e.g., 3-7 firearms add 2; 200 or more add 10), U.S.S.G.
§2K2.1(b)(1); reduce to offense level 6 an offense with a offense level of 12 or 14
if possession is solely for lawful sporting or collection purposes and is not unlawfully
used, U.S.S.G. §2K2.1(b)(2); add 2 offense levels when a destructive device is
involved, U.S.S.G. §2K2.1(b)(3); add 2 offense levels when the firearm is stolen or
serial numbers have been tampered with (up to offense level 29), U.S.S.G.
§2K2.1(b)(4); add 4 offense levels and increase at least to offense level 18 when the
firearm possession occurs in connection with another felony, U.S.S.G. §2K2.1(b)(5);
and when the offense involves a record-keeping violation to conceal an underlying
offense, use the offense level of the underlying offense, U.S.S.G. §2K2.1(b)(6).
Hill involved possession in connection with another felony resulting in the
addition of 4 offense levels: +4 (bringing the offense level to 24)
II. Adjustments.
A. Victim-Related. None of the victim-related sentence level adjustments,
U.S.S.G. §§§3A1.1 to 3A1.4, apply since the case at hand involves neither
international terrorism, a hate crime, a vulnerable victim, a government official as a
victim, nor a victim under physical restraint: 0 (the offense levels remain at
30 (crack/cocaine) and 24 (firearm possession))
B. Role in the Offense. Adjustments may be made to reflect the defendant’s level
of participation in group criminal activities (increase 2 to 4 levels for group
leadership, U.S.S.G. §3B1.1; reduce 2 or 4 levels for minor or minimal participation,
U.S.S.G. §3B1.2), for the use of a minor to commit an offense (increase 2 levels,
U.S.S.G. §3B1.4), or to account for an offender's abuse of a position of trust or use
of a special skill (increase of 2 levels, U.S.S.G. §3B1.3). None are involved in Hill:
0 (the offense levels remain 30/24)
C. Obstruction. Obstruction of justice makes an increase of 2 levels appropriate,
U.S.S.G. §3C1.1, as does reckless endangerment during flight, U.S.S.G. §3C1.2. In
Hill, the defendant was found to have missed a court appearance and was
subsequently arrested under circumstances that suggested he was in hiding. The
court accordingly assessed points for obstruction of justice: +2 (the offense levels
become 32 (crack/cocaine) and 26 (firearms)).
D. Multiple Counts. The multiple count sections of the guidelines merge these
two base offense levels into one. The first step in the process is to group similar
offenses, U.S.S.G. §3D1.1. Offenses are grouped together which (a) have the same
victim and the act or transaction, (b) have the same victim and two or more acts or
transactions involving the same scheme or objective, (c) “when one of the counts
embodies conduct that is treated as a specific offense characteristic in, or other

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adjustment to, the guideline applicable to another of the counts,” or (d) when offense
level is calculated on the base of harm, loss or quantity of substance involved,
U.S.S.G. §3D1.2.
In Hill, the drug and firearms offenses would be grouped together because
possession of a firearm is a 2-level adjustment to the base offense level of the drug
offense, U.S.S.G. §3D1.2(c). Offenses grouped together carry the offense level of
the highest rated offense within the group; in the case of Hill, the drug offense (32
(drugs) v. 26 (firearms)), U.S.S.G. §3D1.3(a). A formula in U.S.S.G. §3D1.4
produces the offense level when there is more than one group. (The offense level is
32).
E. Accept Responsibility. The court found that Hill, in spite of his guilty plea,
had not accepted responsibility for his misconduct, a conclusion supported by the
obstruction of justice enhancement, and thus had not earned a 3-level reduction
provided in U.S.S.G. §3E1.1: 0 (the offense level remains 32).
Final Offense Level. As a result, the final offense in Hill is: 32
III. Criminal History Category. An offender's criminal record determines his or
her criminal history category (within the permissible sentence range for each offense
level there are six permissible sentencing ranges arranged according to the
seriousness of the defendant's criminal history). Points are assessed for past
convictions,12 for misconduct committed while under judicial supervision such as bail
or parole, and for crimes of violence.13
Hill’s criminal record apparently involved 1 conviction carrying a sentence of
more than 1 year and 1 month (3 points), and 6 carrying sentences from between 6
months to 1 year and 1 month (2 points each; 6 x 2 = 12 points), for a total of 15
points.
Since Hill had been paroled in 1990, a 2 point increase for commission of the
offense within 2 years of release from imprisonment for a prior offense would have
been appropriate had the conduct covered by the dismissed 1991 indictment been
“relevant conduct.” Since it was not and since the conduct to which the defendant
pled occurred in 1993, no such enhancement was made. Thus Hill’s criminal record
the criminal history category point total is: 15 points
12 3 points for each past sentence of more than 1 year and 1 month; 2 points for each
sentence of imprisonment for 6 months but less than 1 year and 1 month; and 1 point for any
other past sentence (up to a total of 4 points), U.S.S.G. §4A1.1(a),(b),(c).
13 2 points when the crime for which sentence is being calculated occurred while the
defendant was “under any criminal justice sentence, including probation, parole, supervised
release, imprisonment, work release, or escape status;” 2 points when the offense under
sentence was committed less than 2 years after release from imprisonment for a term of 6
months or more, was committed while in prison, or was committed while the defendant was
an escaped prisoner; 1 point for each past conviction for a crime of violence not otherwise
related or counted (up to 3 points), U.S.S.G. §4A1.1(d),(e),(f).

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IV. Recidivist Enhancements. There are past criminal activities which not only
determine a defendant's criminal history category point total, but also provide the
basis for increasing a defendant's offense level, as in the case of career criminals,14
armed career criminals,15 or professional criminals.16
The career criminal provisions did not apply in Hill because he had only 1 prior
felony conviction; the criminal livelihood enhancement (requiring a minimum
offense level of 13) was not proven, and would in any event not have enlarged Hill's
offense level. With no grounds for recidivist enhancements, Hill remains at an
offense level of 32 with 15 criminal history category points.
V. Sentencing Table. The guideline’s Sentencing Table (next page) indicates
that the permissible sentencing range for offense level 32, criminal history category
VI (13 or more 12 criminal history points) is not less than 210 nor more than 262
months.
14 “A defendant is a career offender if (1) the defendant was at least eighteen years old at
the time of the instant offense, (2) the instant offense of conviction is a felony that is either
a crime of violence or a controlled substance offense, and (3) the defendant has at least two
prior felony convictions of either a crime of violence or a controlled substance offense. If
the offense level for a career criminal from the table below is greater than the offense level
otherwise applicable, the offense level from the table below shall apply. A career offender's
criminal history category in every case shall be Category VI.
Offense Statutory Maximum . . . . . . . . . . . . . . . . . . . . . . . Offense Level*
(A) Life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
* * *
(G) More than 1 year, but less than 5 years. . . . . . . . . 12
*If an adjustment from §3E1.1(Acceptance of Responsibility) applies, decrease the
offense level by the number of levels corresponding to that adjustment,” U.S.S.G. §4B1.1.
15 “(a) A defendant who is subject to an enhanced sentence under the provisions of 18
U.S.C. §924(e) is an armed career criminal.
“(b) the offense level for an armed career criminal is the greatest of: (1) the offense level
applicable from Chapters Two and Three; (2) the offense level from §41B.1 (Career
Offender) if applicable; or (3)(A) 34, if the defendant used or possessed the firearm or
ammunition in connection with a crime of violence or controlled substance offense, as
defined in §4B1.2(1), or if the firearm possessed by the defendant was of a type described
in 26 U.S.C. §5845(a)*; or (B) 33, otherwise.* *If an adjustment from §3E1.1 (Acceptance
of Responsibility) applies, decrease the offense level by the number of levels corresponding
to that adjustment.
“(c) The criminal history category for an armed career criminal is the greatest of: (1) the
criminal history category from Chapter Four, Part A (Criminal History),or §4B1.1 (Career
Offender) if applicable; or (2) Category VI, if the defendant used or possessed the firearm
or ammunition in connection with a crime of violence or committed substantive offense, as
defined in §4B1.2(1), or if the firearm possessed by the defendant was of a type described
in 26 U.S.C. §5845(a); or (3) Category IV,” U.S.S.G. §4B1.4.
16 "If the defendant committed an offense as part of a pattern of criminal conduct engaged
in as a livelihood, his offense level shall be not less than 13, unless §3E1.1 (Acceptance of
Responsibility) applies, in which event his offense level shall be not less than 11," U.S.S.G.
§4B1.3 (Criminal Livelihood).

CRS-10
SENTENCING TABLE17
Criminal History Category
Offense
I
II
III
IV
V
VI
Level
(0 or 1
(2 or 3
(4, 5, 6
(7, 8, 9
(10, 11,
(13+
pts.)
pts.)
pts.)
pts.)
12 pts.)
pts.)
1
0-6
0-6
0-6
0-6
0-6
0-6
2
0-6
0-6
0-6
0-6
0-6
[1-7]
3
0-6
0-6
0-6
0-6
[2-8]
[3-9]
4
0-6
0-6
0-6
[2-8]
[4-10]
[6-12]
5
0-6
0-6
[1-7]
[4-10]
[6-12]
9-15
6
0-6
[1-7]
[2-8]
[6-12]
9-15
12-18
7
0-6
[2-8]
[4-10]
8-14
12-18
12-21
8
0-6
[4-10]
[6-12]
10-16
15-21
18-24
9
[4-10]
[6-12]
8-14
12-18
18-24
21-27
10
[6-12]
8-14
10-16
15-21
21-27
24-30
11
8-14
10-16
12-18
18-24
24-30
27-33
12
10-16
12-18
15-21
21-27
27-33
30-37
13
12-18
15-21
18-24
24-30
30-37
33-41
14
15-21
18-24
21-27
27-33
33-41
37-46
15
18-24
21-27
24-30
30-37
37-46
41-51
16
21-27
24-30
27-33
33-41
41-51
46-57
17
24-30
27-33
30-37
37-46
46-57
51-63
18
27-33
30-37
33-41
41-51
51-63
57-71
19
30-37
33-41
37-46
46-57
57-71
63-78
20
33-41
37-46
41-51
51-63
63-78
70-87
21
37-46
41-51
46-57
57-71
70-87
77-96
22
41-51
46-57
51-63
63-78
77-96
84-105
23
46-57
51-63
57-71
70-87
84-105
92-115
24
51-63
57-71
63-78
77-96
92-115
100-125
25
57-71
63-78
70-87
84-105
100-125
110-137
26
63-78
70-87
78-97
92-115
110-137
120-150
27
70-87
78-97
87-108
100-125
120-150
130-162
28
78-97
87-108
97-121
110-137
130-162
140-175
29
87-108
97-121
108-135
121-151
140-175
151-188
30
97-121
108-135
121-151
135-168
151-188
168-210
31
108-135
121-151
135-168
151-188
168-210
188-265
32
121-151
135-168
151-188
168-210
188-235
210-262
33
135-168
151-188
168-210
188-235
210-262
235-293
34
151-188
168-210
188-235
210-262
235-293
262-327
35
168-210
188-235
210-262
235-293
262-327
292-365
36
188-235
210-262
235-293
262-327
292-365
324-405
37
210-262
235-293
262-327
292-365
324-405
360-life
38
235-293
262-327
292-365
324-405
360-life
360-life
39
262-327
292-365
324-405
360-life
360-life
360-life
40
292-365
324-405
360-life
360-life
360-life
360-life
41
324-405
360-life
360-life
360-life
360-life
360-life
42
360-life
360-life
360-life
360-life
360-life
360-life
43
life
life
life
life
life
life
17 Zone A (probation permitted) appears in italics; Zone B (probation permitted only when accompanied by some
form of confinement such night-time confinement, week-end confinement, or home detention) appears in brackets;
Zone C (no probation but sentence may be split to include other forms of confinement in addition to imprisonment)
appears in bold; Zone D (no probation, a term of imprisonment within the sentencing range is required) appears
without highlight.

CRS-11
VI. A. Probation. Probation eligibility under the guidelines is very limited. It is
limited to those for whom the maximum permissible sentence of imprisonment under
the guidelines is no more than 6 months (Zone A on the Sentencing Table (no higher
than offense level 8)) or if the court imposes some form of incarceration rather than
imprisonment (i.e., weekend or nighttime imprisonment, home confinement, etc.),
no more than 1 year (Zone B on the Sentencing Table (no higher than offense level
10)), U.S.S.G. §5B1.1. The probationary period for offense level 6 or higher is not
less than 1 nor more than 5 years; below offense level 6, the maximum term of
probation is three years, U.S.S.G. §5B1.2. Defendants sentenced at offense level 32,
category VI are ineligible for probation.
B. Substitute Incarceration. In cases where the offense level carries a maximum
term of imprisonment of not more than 16 months (Zone B or C (no higher than
offense level 12)), the sentencing court may impose a term of substitute incarceration
(intermittent confinement, community confinement, or home detention), U.S.S.G.
§5C1.1. Defendants sentenced at offense level 32, category VI are ineligible for
substitute incarceration.
C. Imprisonment. A sentencing court has discretion to impose any term of
imprisonment between 210 and 262 months in cases with an offense level of 32 and
a criminal history category of VI. Hill was convicted of violating 18 U.S.C. 922(g)
which is punishable by imprisonment for not more than 10 years, 18 U.S.C.
924(a)(2), and of violating 21 U.S.C. 841(a) which is punishable by imprisonment
for not less than 5 nor more than 40 years, 21 U.S.C. 841(b)((1)(B)(iii). Any term
of imprisonment between 210 and 262 months would come within the statutorily
required minimum of 5 years (60 months) and the statutorily permissible maximum
of 50 years (600 months) (10 years (§924) + 40 years (§841)).
Because Hill has a prior criminal record (more than 1 criminal history point), he
is ineligible for the “safety valve” provisions that waive mandatory minimums for
low level, cooperative, first time drug offenders, 18 U.S.C. 3553(f).18 Because there
18 “(f) Limitation on applicability of statutory minimums in certain cases.–Notwithstanding
any other provision of law, in the case of an offense under section 401, 404, or 406 of the
Controlled Substances Act (21 U.S.C. 841, 844, 846) or section 1010 or 1013 of the
Controlled Substances Import and Export Act (21 U.S.C. 960, 963), the court shall impose
a sentence pursuant to guidelines promulgated by the United States Sentencing Commission
under section 994 of title 28 without regard to any statutory minimum sentence, if the court
finds at sentencing, after the Government has been afforded the opportunity to make a
recommendation, that – (1) the defendant does not have more than 1 criminal history point,
as determined under the sentencing guidelines; (2) the defendant did not use violence or
credible threats of violence or possess a firearm or other dangerous weapon (or induce
another participant to do so) in connection with the offense; (3) the offense did not result
in death or serious bodily injury to any person; (4) the defendant was not an organizer,
leader, manager, or supervisor of others in the offense, as determined under the sentencing
guidelines and was not engaged in a continuing criminal enterprise, as defined in section 408
of the Controlled Substances Act; and (5) not later than the time of the sentencing hearing,
the defendant has truthfully provided to the Government all information and evidence the
defendant has concerning the offense or offenses that were part of the same course of
conduct or of a common scheme or plan, but the fact that the defendant has no relevant or
useful other information to provide or that the Government is already aware of the

CRS-12
is no indication of Hill’s cooperation with authorities, he could not benefit from the
general prosecution-triggered waiver of mandatory minimums of 18 U.S.C.
3553(e).19
D. Supervised Release. After release from imprisonment, defendants are required
to serve a term of supervised release of between 1 to 5 years depending on the serious
of their offense.20 Violation of 21 U.S.C. 841 is a class B felony and would
ordinarily be subject to a term of supervised release of from 3 to 5 years imposed by
the court at the time of sentencing. Violations of section 841, however, carry a series
of mandatory minimum terms of supervised release ranging from 2 to 10 years
depending upon the seriousness of the offense, 21 U.S.C. 841. In a case like Hill’s
involving more than 5 but less than 50 grams of crack cocaine, the term of supervised
release must be not less than 4 years for first time offenders and not less than 8 years
for recidivists, 21 U.S.C. 841(b)(1)(B).
E. Restitution. Congress has amended the federal restitution provisions in
recognition of the difficulties associated with identifying victims and the precise
extent of loss in drug cases.21 The restitution in an amount based upon the amount
of public harm caused by the offense, 18 U.S.C. 3663(c)(2)(A), may be ordered to be
information shall not preclude a determination by the court that the defendant has complied
with this requirement,” 18 U.S.C. 3553(f).
19 “Limited authority to impose a sentence below a statutory minimum.–Upon motion of the
Government, the court shall have the authority to impose a sentence below a level
established by statute as minimum sentence so as to reflect a defendant’s substantial
assistance in the investigation or prosecution of another person who has committed an
offense. Such sentence shall be imposed in accordance with the guidelines and policy
statements issued by the Sentencing Commission pursuant to section 994 of title 28, United
States Code,” 18 U.S.C. 3553(e).
20 “The court shall order a term of supervised release to follow imprisonment when a
sentence of imprisonment of more than one year is imposed. . . .” U.S.S.G. §5D1.1. Unless
otherwise provided for a particular offense, class A and B felonies (felonies with a
maximum of life or 25 years or more) carry a supervised release term of not less than 3 nor
more than 5 years; class C and D felonies (felonies with a maximum of 5 years or more) of
not less than 2 nor more than 3; and class E felonies and A misdemeanors a term of 1 year
(crimes with a maximum of more than 6 months), U.S.S.G. 5D1.2.
Failure to comply with the conditions of supervised release can result in the further
imprisonment for a term of not more than 5 years for a class A felony, 3 years for a class B
felony, 2 years for a class C or D felony, and 1 year for any other offense, 18 U.S.C.
3583(e)(3). Possession of a controlled substance while on supervised release is an
automatic ground for revocation, 18 U.S.C. 3583(g).
21 "(c)(1) Notwithstanding any other provision of law (but subject to the provisions of
subsections (a)(1)(B)(i)(II) and (ii) [relating to the defendant's ability to pay and the
discretion of the court to forego restitution if the process would result unduly complication
of prolongation], when sentencing a defendant convicted of an offense described in section
401, 408(a), 409, 420, or 422(a) of the Controlled Substances Act (21 U.S.C. 841, 848(a),
849, 856, 861 or 863)l, in which there is no identifiable victim, the court may order that the
defendant make restitution in accordance with this subsection," 18 U.S.C. 3663(c)(1), added
by §205(a)(3) of the Antiterrorism and Effective Death Penalty Act of 1996, Pub.L.No. 104-
132, 110 Stat. 1230 (1996).

CRS-13
paid to state entities, 18 U.S.C. 3663(c)(3); may not exceed the maximum
permissible fine, 18 U.S.C. 3663(c)(2)(B); stands in priority behind any forfeitures,
fines or penalty assessments, 18 U.S.C. 3663(c)(4),(5). The court in its discretion
may forego imposing a fine in order to enable a defendant to make restitution;
conversely unless required by statute, the court may forego a discretionary restitution
order if “the complication and prolongation of the sentencing process resulting from
the fashioning of a restitution requirement outweighs the need to provide restitution
to any victims through the criminal process,” U.S.S.G. §5E1.1(b).
F. Fine. The guidelines establish a fine schedule according to offense level.22 The
sentencing guidelines call for a fine of between $17,500 and $175,000 for crimes at
an offense level of 32, U.S.S.G. 5E1.2(c)(3). The court need not impose a fine where
the defendant is unable and unlikely to become able to pay any fine imposed,
U.S.S.G. 5E1.2(a). If the court does not impose or waives the fine imposed, it may
impose alternative sanctions.23
G. Special assessment. Federal courts must impose a special assessment at
sentencing for each violation of federal law in an amount determined by the
seriousness of the offense, 18 U.S.C. 3013; U.S.S.G. §5E1.3. The special assessment
for the two felony counts in Hill would have been $100 (2 x $50).24
H. Forfeiture. Criminal forfeitures which become operable upon conviction for
certain offenses are announced as part of the sentencing process, 18 U.S.C. 3554;
U.S.S.G. §5E1.4. The prospect of criminal forfeiture is not mentioned in Hill, but as
22
Fine Table
Offense
Level
. . . . . . . . . . . . . . . . . . . . . . . . . . . Minimum . . . . . . . . . . Maximum
3 and below . . . . . . . . . . . . . . . . . . . . . . . . . . . $100 . . . . . . . . . . . . . $5000
* * *
10-11
. . . . . . . . . . . . . . . . . . . . . . . . . . . $2000 . . . . . . . . . . $20,000
* * *
18-19
. . . . . . . . . . . . . . . . . . . . . . . . . . . $6,000 . . . . . . . . . . . $60,000
* * *
32-34
. . . . . . . . . . . . . . . . . . . . . . . . . . . $17,500 . . . . . . . . . . $175,000
* * *
39 and above . . . . . . . . . . . . . . . . . . . . . . . . . . $25,000 . . . . . . . . . . $250,000
U.S.S.C. §5E1.2(c)(3).
23 “If the defendant establishes that (1) he is not able and, even with the use of a reasonable
installment schedule, is not likely to become able to pay all or part of the fine required by
the preceding provisions, or (2) imposition of a fine would unduly burden the defendant's
dependents, the court may impose a lesser fine or waive the fine. In these circumstances,
the court shall consider alternative sanctions in lieu of all or a portion of the fine, and must
still impose a total combined sanction that is punitive. Although any additional sanction not
proscribed by the guidelines is permissible, community service is the generally preferable
alternative in such instances,” U.S.S.G. §5E1.2(e).
24 The assessment would have been $200 if the offense in Hill had been committed on or
after April 24, 1996, the date of enactment of the Antiterrorism and Effective Death Penalty
Act which increased the special assessments from $50 to $100, 18 U.S.C. 3013(a)(2), as
amended by §210, Pub.L.No. 104-132, 110 Stat. 1240 (1996).

CRS-14
will be discussed in a moment any property derived from or used in a violation of the
controlled substances provisions, including 21 U.S.C. 841, is subject to criminal
forfeiture under 21 U.S.C. 853.
I. Cost of Prosecution. Several statutes authorize the court to assess the costs of
prosecution against defendants convicted of violating their commands, U.S.S.G.
§5E1.5. The statutes under which Hill was convicted are not among them, although
the court may include the costs of imprisonment, probation or supervised release as
an addition to any fine that it imposes, U.S.S.G. §5E1.2(i).
J. Cost of Notification of Victims. Section 3555 of title 18 authorizes sentencing
courts to order a defendant to pay for the cost of victim notification up to a maximum
of $20,000; the guidelines permit the court to offset the cost against any fine
imposed, U.S.S.G. §5F1.4. This provision seems inapplicable in Hill.
VII. Departures. The circumstances under which a court may impose a sentence
outside of the ranges called for by the guidelines are limited. A court may depart
from the sentence called for by the guidelines (1) upon the request of the government
in recognition of the defendant’s cooperation with authorities, 28 U.S.C. 994(n),
U.S.S.G. §5K1.1; (2) where the criminal history provisions do not adequately reflect
the seriousness of the defendant’s past criminal record, U.S.S.G. §4A1.3; or (3)
where “there exists an aggravating or mitigating circumstance of a kind, or to a
degree, not adequately taken into consideration by the Sentencing Commission in
formulating the guidelines,” 18 U.S.C. 3553(b); U.S.S.G. §5K2.0.
The guidelines note that the “[c]ircumstances that may warrant departure from
the guidelines [based on want of guideline consideration] cannot, by their very
nature, be comprehensively listed and analyzed in advance,” U.S.S.G. §5K2.0. The
guidelines, however, do contain 20 policy statements concerning factors that might
be thought to fit this category, U.S.S.G. §§5K2.1 to 5K2.21. Moreover, the annual
amendment cycle permits the Sentencing Commission to adjust the guidelines to
account for previously unconsidered circumstances when they arise. The
Commission notes that departure should be reserved for those rare cases marked by
circumstances carrying them from the “heartland” of situations addressed by the
applicable sentencing guideline.25
Other Consequences of Controlled Substance Violations
Forfeitures

Forfeiture is the loss of any right – ordinarily a property right – as a consequence
of a breach of some legal obligation.26 Congress and state legislatures have
25 “An offender characteristic or other circumstance that is not ordinarily relevant in
determining whether a sentence should be outside the applicable guideline range may be
relevant . . . if such characteristic or circumstance is present to an unusual degree and
distinguishes the case from the `heartland' cases covered by the guidelines in a way that is
important to the statutory purposes of sentencing,” U.S.S.G. §5K2.0.
26 BLACK'S LAW DICTIONARY, 661 (7th ed. 1999).

CRS-15
authorized the use of forfeiture for over two hundred years. Recourse to both civil
and criminal forfeiture provisions is a common feature of federal anti-drug abuse
efforts. Illicit controlled substances, the proceeds from drug trafficking, any property
that can be traced to such proceeds, and any property used to facilitate drug
trafficking can be confiscated.27
Forfeiture follows one of two procedural routes. Although crime triggers all
forfeitures, they are classified as civil forfeitures or criminal forfeitures according to
the nature of procedure which ends in confiscation.
Civil Forfeiture
Civil forfeiture is ordinarily the product of civil, in rem, proceedings in which the
property is treated as the offender.28 Within the confines of due process and the
language of the applicable statutes, the guilt or innocence of the property owner is
irrelevant; it is enough that the property was involved in a violation to which
forfeiture attaches.29 Criminal forfeiture proceedings, on the other hand, are in
personam proceedings, and confiscation is only possible upon the conviction of the
owner of the property and only to the extent of his interest.30
Civil forfeiture begins with actual or constructive seizure of the property by the
government.31 In most instances, federal agencies can complete confiscation
27 See e.g., 21 U.S.C. 881, 853; 18 U.S.C. 981 to 985, 1963.
28 “This [civil] ‘forfeiture proceeding . . . is in rem. It is the property which is proceeded
against, and by resort to a legal fiction, held guilty and condemned as though it were
conscious instead of inanimate and insentient,’” United States v. Ursery, 518 U.S. 267, 275
(1996), quoting Various Items of Personal Property v. United States, 282 U.S. 577, 284
(1931).
29 Bennis v. Michigan, 516 U.S. 442, 453 (1996). Innocent owners have the benefit of a
statutory defense in civil forfeiture cases conducted under the controlled substance and
money laundering statutes, but not those conducted under the customs laws, 18 U.S.C.
983(d),(i).
30 E.g., 21 U.S.C. 853(a); 18 U.S.C. 982, 1963(a).
31 United States v. Ursery 518 U.S. at 289 (“‘In contrast to the in personam nature of
criminal actions, [forfeiture] actions in rem have traditionally been viewed as civil
proceedings, with jurisdiction dependent upon seizure of a physical object’”)(quoting United
States v. One Assortment of 89 Firearms, 465 U.S. 354, 363 (1984); Calero-Toledo v.
Pearson Yacht Leasing Co., 416 U.S. 663, 684 (1974); Dobbin's Distillery v. United States,
96 U.S. 395, 396 (1877).
In fact, until the Supreme Court's decision in Republic National Bank v. United States,
506 U.S. 80 (1992), confirmed that initial rather continued control was ordinarily sufficient
to support jurisdiction, some believed that a court's continued jurisdiction depended upon
its continued control over the res, and that its power to proceed disappeared if the property
were released other than by accident, fraud or some other improper or inequitable means,
United States v. $1,322,242.58, 938 F.2d 433, 437 (3d Cir. 1991); United States v.
$84,740.00 U.S. Currency, 900 F.2d 1402, 1404 (9th Cir. 1990); United States v. Four
Parcels of Real Property, 941 F.2d 1428, 1435-436 (11th Cir. 1991); Appellate Jurisdiction
for Civil Forfeiture: The Case for the Continuation of Jurisdiction Beyond the Release of

CRS-16
administratively, if the property owner does not challenge the forfeiture.32 Those
who wish to contest must demonstrate that they have a legal interest in the property.33
When administrative forfeiture is unavailable, when a claimant has successfully
sought judicial proceedings, or when the government has elected not to proceed
administratively, the government may seek to secure a declaration of forfeiture by
filing either a complaint or a libel against the property.34 In controlled substance,
money laundering and most civil forfeitures, the government bears the burden of
establishing its right to confiscation by a preponderance of the evidence.35
Where the property is declared forfeited, its disposal is a matter of statute, but
the proceeds from most federal forfeitures go into one of two special funds for the
Department of Justice and the Department of the Treasury where they are available
for federal and state law enforcement purposes.36
Should the court determine that the property is not subject to forfeiture, it must
be returned to its owner.37 Prevailing claimants may be entitled to compensation for
damages to the property incurred while in federal custody,38 attorneys’ fees, post-
judgment interest, and in some instances pre-judgment interest.39
the Res, 65 FORDHAM LAW REVIEW 679 (1991).
Because realty cannot be seized until after the property owner has been given an
opportunity for hearing, the procedure differs slightly in the case of real property, e.g., 18
U.S.C. 985.
32 Under federal customs law, administrative forfeiture may be used if the property to be
forfeited is cash; or if the property is worth less than $500,000; or is a boat, plane or car
used to carry or store drugs, 19 U.S.C. 1607. Many federal forfeiture statutes adopt customs
procedures either directly or by cross reference, e.g., 21 U.S.C. 881(d).
33 18 U.S.C. 983(a); 19 U.S.C. 1608.
34 Id.
35 18 U.S.C. 983(c); United States v. Real Property in Section 9 (Gahagan), 241 F.3d 796,
798 (6th Cir. 2001); United States v. Wagoner County Real Estate, 278 F.3d 1091, 1097 n.5
(10th Cir. 2002). Forfeitures under the Tariff Act of 1930, the Internal Revenue Code, and
a few others are not governed by the procedures generally applicable to federal civil
forfeitures, 18 U.S.C. 983(i).
36 The Department of Justice Asset Forfeiture Fund, 28 U.S.C. 524(c), and the Department
of the Treasury Forfeiture Fund, 31 U.S.C. 9703.
37 28 U.S.C. 2465; Republic National Bank v. United States, 506 U.S. 80, 95 (1992); United
States v. Seifuddin, 820 F.2d 1074, 1078-79 (9th Cir. 1987). The property owner, however,
is not entitled to the return of property cannot be lawfully possessed, Boggs v. Rubin, 161
F.3d 37, 40 (D.C.Cir. 1998); United States v. Felici, 208 F.3d 667, 670 (8th Cir. 2000).
38 28 U.S.C. 2680(c).
39 28 U.S.C. 2465. The courts will award pre-judgment interest in forfeiture cases brought
under the controlled substance and money laundering statutes where the government sought
unsuccessfully to confiscate cash, negotiable instruments, or the proceeds from the sale
(prior to the completion of forfeiture proceedings) of other contested property, 28 U.S.C.
2465(b)(1)(C).

CRS-17
Criminal Procedure
Although less numerous than civil confiscation statutes, criminal forfeiture
statutes are widely used. Criminal forfeiture is a consequence of conviction.40 It is
punishment, even though it may also serve remedial purposes very effectively.41 The
indictment upon which the conviction is based must list the property which the
government asserts is subject to confiscation.42 Since the court’s jurisdiction does
not depend upon initial control of the res, it need not be seized before forfeiture is
declared. The court, however, in some instances may restrain the use or transfer of
property the government contends is subject to confiscation.43 The defenses to
criminal forfeiture differ somewhat from those available in cases of civil forfeiture.
For example, since conviction is a prerequisite to confiscation, acquittal will bar
forfeiture.
After conviction of the defendant, the court usually declares forfeited property
described in the indictment and found subject to confiscation by the jury or the trier
of fact.44 Those with claims to the property, other than the defendant, are then
entitled to notice and a judicial hearing on their claims.45 The disposal of property
which remains after claims have been resolved is a matter of statute, but like most
civil forfeitures the proceeds from most criminal forfeitures go to either the
Department of Justice or the Department of the Treasury forfeiture funds.46
Civil Penalties
Violations of the regulatory restrictions by registrants under the Controlled
Substances Act are punishable by a civil penalty of up $25,000, 21 U.S.C. 842(c).47
And possession of small amounts of controlled substances are punishable by a civil
penalty of not more than $10,000, 21 U.S.C. 844a. The Foreign Narcotics Kingpin
Designation Act calls for civil penalties of up to $1 million for engaging in prohibited
40 E.g., 18 U.S.C. 1963 ("Whoever violates any provision of section 1962 of this chapter
. . . shall forfeit to the United States"); 21 U.S.C. 853; United States v. Moffitt, Zwerling &
Kemler, 83 F.3d 660, 665 (4th Cir. 1996).
41 The federal Racketeer Influenced and Corrupt Organization (RICO) forfeiture statute,
for example, is designed not only to sever the offender from the organization he or she has
corrupted but to confiscate any property right which affords a source of influence over the
enterprise, 18 U.S.C. 1963(a)(2)(D).
42 Fed.R.Crim.P. 7(c).
43 E.g., 21 U.S.C. 853(e)(1),(2). Substitute assets may become subject to forfeiture if the
tainted property has become unavailable, 21 U.S.C. 853(p), but most courts have been
reluctant to issue pre-trial restraint orders on substitute assets, United States v. Gotti, 155
F.3d 144, 147 (2d Cir. 1998); United States v. Riley, 78 F.3d 367, 371 (8th Cir. 1996).
44 E.g., 18 U.S.C. 1963(e); 21 U.S.C. 853(g).
45 E.g., 18 U.S.C. 1963(l); 21 U.S.C. 853(n).
46 28 U.S.C. 524(c)(4); 31 U.S.C. 9703(d).
47 As noted earlier knowing violations are also punishable by criminal penalties.

CRS-18
financial transactions with presidentially designated foreign drug kingpins, 21 U.S.C.
1906.
Other Disabilities48
Federal Benefits
Both state and federal courts may impose a sentence rendering defendant
convicted of controlled substance possession or trafficking offenses ineligible for
various federal benefits, 21 U.S.C. 862. The disqualification may run for up to a year
for a first time possession offender and up to five years for a first time trafficker or
for a possession offender with a prior possession conviction, id. Dealers with a
single prior conviction may become ineligible for up to 10 years and those convicted
more frequently may be declared permanently ineligible, id. Unless, the state has
opted out, those with state or federal drug-related, felony convictions are ineligible
for assistance under the food stamp program or the federally funded programs for aid
to needy families with children, 21 U.S.C. 862a.
Injunctions
Anyone with a federal felony conviction for dealing in precursor chemicals
("listed chemicals") may also be enjoined from engaging in transactions involving
such chemicals for up to ten years, 21 U.S.C. 841(f); 21 U.S.C. 843(e).
Mandatory Probation Revocation
Federal probation must include a condition that the probationer refrain from
unlawful possession of controlled substances, 18 U.S.C. 3563(a)(3), and violation of
the condition requires revocation of probation, 18 U.S.C. 3565(b)(1).
48 This is a sampling of the disabilities under federal law that flow from conviction for a
violation of the federal controlled substances provisions; disabilities triggered by wider
range of offenses, e.g., any felony violation, and disabilities under state law, even if
federally encouraged, are beyond the scope of our discussion.

CRS-19
APPENDIX
2D1.1(c)
Drug Quantity Table
Controlled Substances and Quantity Base Offense Level
(1) 30 KG or more of Heroin (or the equivalent amount of other Level 38
Schedule I or II Opiates);
150 KG or more of Cocaine (or the equivalent amount of other
Schedule I or II Stimulants);
1.5 KG or more of Cocaine Base;
30 KG or more of PCP, or 3 KG or more of PCP(actual);
15 KG or more of Methamphetamine, or 1.5 KG or more of
Methamphetamine (actual), or 1.5 KG or more of Ice;
15 KG or more of Amphetamine, or 1.5 KG or more of
Amphetamine (actual)
300 G or more of LSD (or the equivalent amount of other
Schedule I or II Hallucinogens);
12 KG or more of Fentanyl;
3 KG or more of Fentanyl Analogue;
30,000 KG or more of Marihuana;
6,000 KG or more of Hashish;
600 KG or more of Hashish Oil;
30,000,000 units or more of Schedule I or II Depressants;
1,875,000 units or more of Flunitrazepam.

(2) At least 10 KG but less than 30 KG of Heroin Level 36
(or the equivalent amount of other Schedule I or II Opiates);
At least 50 KG but less than 150 KG of Cocaine
(or the equivalent amount of other Schedule I or II
Stimulants);
At least 500 G but less than 1.5 KG of Cocaine Base;
At least 10 KG but less than 30 KG of PCP, or at least 1 KG
but less than 3 KG of PCP (actual);
At least 5 KG but less than 15 KG of Methamphetamine, or
At least 500 G but less than 1.5 KG of Methamphetamine (actual),
or at least 500 G but less than 1.5 KG of Ice;
At least 5 KG but less than 15 KG of Amphetamine,
At least 500 G but less than 1.5 KG of Amphetamine (actual);
At least 100 G but less than 300 G of LSD
(or the equivalent amount of other Schedule I or II
Hallucinogens);
At least 4 KG but less than 12 KG of Fentanyl;
At least 1 KG but less than 3 KG of a Fentanyl Analogue;
At least 10,000 KG but less than 30,000 KG of Marihuana;
At least 2,000 KG but less than 6,000 KG of Hashish;
At least 200 KG but less than 600 KG of Hashish Oil;
At least 10,000,000 but less than 30,000,000 units or more of
Schedule I or II Depressants;
At least 625,000 but less than 1,875,000 units or more
of Flunitrazepam.

(3) At least 3 KG but less than 10 KG of Heroin Level 34
(or the equivalent amount of other Schedule I or II Opiates);
At least 15 KG but less than 50 KG of Cocaine
(or the equivalent amount of other Schedule I or II
Stimulants);
At least 150 G but less than 500 G of Cocaine Base;
At least 3 KG but less than 10 KG of PCP, or at least 300 G
but less than 1 KG of PCP (actual);
At least 1.5 KG but less than 5 KG of Methamphetamine, or
At least 150 G but less than 500 G of Methamphetamine (actual),

CRS-20
or at least 150 G but less than 500 G of Ice;
At least 1.5 KG but less than 5KG of Amphetamine, or
At least 150 G but less than 500 G of Amphetamine (actual);
At least 30 G but less than 100 G of LSD
(or the equivalent amount of other Schedule I or II
Hallucinogens);
At least 1.2 KG but less than 4 KG of Fentanyl;
At least 300 G but less than 1 KG of a Fentanyl Analogue;
At least 3,000 KG but less than 10,000 KG of Marihuana;
At least 600 KG but less than 2,000 KG of Hashish;
At least 60 KG but less than 200 KG of Hashish Oil;
At least 3,000,000 but less than 10,000,000 units or more of
Schedule I or II Depressants;
At least 187,500 but less than 625,000 units or more
of Flunitrazepam.

(4) At least 1 KG but less than 3 KG of Heroin Level 32
(or the equivalent amount of other Schedule I or II Opiates);
At least 5 KG but less than 15 KG of Cocaine
(or the equivalent amount of other Schedule I or II
Stimulants);
At least 50 G but less than 150 G Cocaine Base;
At least 1 KG but less than 3 KG of PCP, or at least 100 G but
less than 300 G of PCP (actual);
At least 500 G but less than 1.5 KG of Methamphetamine, or
At least 50 G but less than 150 G of Methamphetamine
(actual), or at least 50 but less than 150 G of Ice;
At least 500 G but less than 1.5 KG of Amphetamine, or
At least 50 G but less than 150 G of Amphetamine (actual);
At least 10 G but less than 30 G of LSD (or the equivalent amount of other Schedule I or II
Hallucinogens);
At least 400 G but less than 1.2 KG of Fentanyl;
At least 100 G but less than 300 G of a Fentanyl Analogue;
At least 1,000 KG but less than 3,000 KG of Marihuana;
At least 200 KG but less than 600 KG of Hashish;
At least 20 KG but less than 60 KG of Hashish Oil;
At least 1,000,000 but less than 3,000,000 units or more of
Schedule I or II Depressants;
At least 62,500 but less than 187,500 units or more
of Flunitrazepam.

(5) At least 700 G but less than 1 KG of Heroin Level 30
(or the equivalent amount of other Schedule I or II Opiates);
At least 3.5 KG but less than 5 KG of Cocaine
(or the equivalent amount of other Schedule I or II
Stimulants);
At least 35 G but less than 50 G of Cocaine Base;
At least 700 G but less than 1 KG of PCP, or at least 70 G
but less than 100 G of PCP (actual);
At least 350 G but less than 500 G of Methamphetamine, or
At least 35 G but less than 50 G of Methamphetamine (actual),
or at least 35 G but less than 50 G of Ice;
At least 350 G but less than 500 G of Amphetamine, or
At 35 G but less than 50 G of Amphetamine (actual);
At least 7 G but less than 10 G of LSD
(or the equivalent amount of other Schedule I or II
Hallucinogens);
At least 280 G but less than 400 G of Fentanyl;
At least 70 G but less than 100 G of a Fentanyl Analogue;
At least 700 KG but less than 1,000 KG of Marihuana;
At least 140 KG but less than 200 KG of Hashish;
At least 14 KG but less than 20 KG of Hashish Oil;
At least 700,000 but less than 1,000,000 units or more of
Schedule I or II Depressants;

CRS-21
At least 43,750 but less than 62,500 units or more
of Flunitrazepam.
(6) At least 400 G but less than 700 G of Heroin Level 28
(or the equivalent amount of other Schedule I or II Opiates);
At least 2 KG but less than 3.5 KG of Cocaine
(or the equivalent amount of other Schedule I or II
Stimulants);
At least 20 G but less than 35 G of Cocaine Base;
At least 400 G but less than 700 G of PCP, or at least 40 G
but less than 70 G of PCP (actual);
At least 200 G but less than 350 G of Methamphetamine, or
At least 20 G but less than 35 G of Methamphetamine (actual),
or at least 20 G but less than 35 G of Ice;
At least 200 G but less than 350 G of Amphetamine, or
At least 20 G but less than 35 G of Amphetamine (actual);
At least 4 G but less than 7 G of LSD
(or the equivalent amount of other Schedule I or II
Hallucinogens);
At least 160 G but less than 280 G of Fentanyl;
At least 40 G but less than 70 G of a Fentanyl Analogue;
At least 400 KG but less than 700 KG of Marihuana;
At least 80 KG but less than 140 KG of Hashish;
At least 8 KG but less than 14 KG of Hashish Oil
At least 400,000 but less than 700,000 units or more of
Schedule I or II Depressants;
At least 25,000 but less than 43,750 units or more
of Flunitrazepam.
(7) At least 100 G but less than 400 G of Heroin Level 26
(or the equivalent amount of other Schedule I or II Opiates);
At least 500 G but less than 2 KG of Cocaine
(or the equivalent amount of other Schedule I or II
Stimulants);
At least 5 but less than 20 G of Cocaine base;
At least 100 G but less than 400 G of PCP, or at least 10 G
but less than 40 G of PCP (actual);
At least 50 G but less than 200 G of Methamphetamine, or
At least 5 G but less than 20 G of Methamphetamine (actual),
or at least 5 G but less than 20 G of Ice;
At least 50 G but less than 200 G of Amphetamine, or
At least 5 G but less than 20 G of Amphetamine (actual);
At least 1 G but less than 4 G of LSD
(or the equivalent amount of other Schedule I or II
Hallucinogens);
At least 40 G but less than 160 G of Fentanyl;
At least 10 G but less than 40 G of a Fentanyl Analogue;
At least 100 KG but less than 400 KG of Marihuana;
At least 20 KG but less than 80 KG of Hashish;
At least 2 KG but less than 8 KG of Hashish Oil;
At least 100,000 but less than 400,000 units or more of
Schedule I or II Depressants;
At least 6,250 but less than 25,000 units or more
of Flunitrazepam.
(8) At least 80 G but less than 100 G of Heroin Level 24
(or the equivalent amount of other Schedule I or II Opiates);
At least 400 G but less than 500 G of Cocaine
(or the equivalent amount of other Schedule I or II
Stimulants);
At least 4 G but less than 5 G of Cocaine Base;
At least 80 G but less than 100 G of PCP, or at least 8 G but
less than 10 G of PCP (actual);
At least 40 G but less than 50 G of Methamphetamine, or

CRS-22
At least 4 G but less than 5 G of Methamphetamine (actual),
or at least 4 G but less than 5 G of Ice;
At least 40 G but less than 50 G of Amphetamine, or
At least 4 G but less than 5 G of Amphetamine (actual);
At least 800 MG but less than 1 G of LSD
(or the equivalent amount of other Schedule I or II
Hallucinogens);
At least 32 G but less than 40 G of Fentanyl;
At least 8 G but less than 10 G of a Fentanyl Analogue;
At least 80 KG but less than 100 KG of Marihuana;
At least 16 KG but less than 20 KG of Hashish;
At least 1.6 KG but less than 2 KG of Hashish Oil;
At least 80,000 but less than 100,000 units or more of
Schedule I or II Depressants;
At least 5,000 but less than 6,250 units or more
of Flunitrazepam.
(9) At least 60 G but less than 80 G of Heroin Level 22
(or the equivalent amount of other Schedule I or II Opiates);
At least 300 G but less than 400 G of Cocaine
(or the equivalent amount of other Schedule I or II
Stimulants);
At least 3 G but less than 4 G of Cocaine Base;
At least 60 G but less than 80 G of PCP, or at least 6 G but
less than 8 G of PCP (actual);
At least 30 G but less than 40 G of Methamphetamine, or
At least 3 G but less than 4 G of Methamphetamine (actual), or
at least 3 G but less than 4 G of Ice;
At least 30 G but less than 40 G of Amphetamine, or
At least 3 G but less than 4 G of Amphetamine (actual);
At least 600 MG but less than 800 MG of LSD
(or the equivalent amount of other Schedule I or II
Hallucinogens);
At least 24 G but less than 32 G of Fentanyl;
At least 6 G but less than 8 G of a Fentanyl Analogue;
At least 60 KG but less than 80 KG of Marihuana;
At least 12 KG but less than 16 KG of Hashish;
At least 1.2 KG but less than 1.6 KG of Hashish Oil;
At least 60,000 but less than 80,000 units or more of
Schedule I or II Depressants;
At least 3,750 but less than 5,000 units or more
of Flunitrazepam.
(10) At least 40 G but less than 60 G of Heroin Level 20
(or the equivalent amount of other Schedule I or II Opiates);
At least 200 G but less than 300 G of Cocaine
(or the equivalent amount of other Schedule I or II
Stimulants);
At least 2 G but less than 3 G of Cocaine Base;
At least 40 G but less than 60 G of PCP, or at least 4 G but
less than 6 G of PCP (actual);
At least 20 G but less than 30 G of Methamphetamine, or
At least 2 G but less than 3 G of Methamphetamine (actual), or
at least 2 G but less than 3 G of Ice;
At least 20 G but less than 30 G of Amphetamine, or
At least 2 G but less than 3 G of Amphetamine (actual);
At least 400 MG but less than 600 MG of LSD (or the equivalent
amount of other Schedule I or II Hallucinogens);
At least 16 G but less than 24 G of Fentanyl;
At least 4 G but less than 6 G of a Fentanyl Analogue;
At least 40 KG but less than 60 KG of Marihuana;
At least 8 KG but less than 12 KG of Hashish;
At least 800 G but less than 1.2 KG of Hashish Oil;
At least 40,000 but less than 60,000 units of

CRS-23
Schedule I or II Depressants or
Schedule III substances;
At least 2,500 but less than 3,750 units of Flunitrazepam .
(11) At least 20 G but less than 40 G of Heroin Level 18
(or the equivalent amount of other Schedule I or II Opiates);
At least 100 G but less than 200 G of Cocaine
(or the equivalent amount of other Schedule I or II
Stimulants);
At least 1 G but less than 2 G of Cocaine Base;
At least 20 G but less than 40 G of PCP, or at least 2 G but
less than 4 G of PCP (actual);
At least 10 G but less than 20 G of Methamphetamine, or
At least 1 G but less than 2 G of Methamphetamine (actual), or
at least 1 G but less than 2 G of Ice;
At least 10 G but less than 20 G of Amphetamine, or
At least 1 G but less than 2 G of Amphetamine (actual);
At least 200 MG but less than 400 MG of LSD
(or the equivalent amount of other Schedule I or II
Hallucinogens);
At least 8 G but less than 16 G of Fentanyl;
At least 2 G but less than 4 G of a Fentanyl Analogue;
At least 20 KG but less than 40 KG of Marihuana;
At least 5 KG but less than 8 KG of Hashish;
At least 500 G but less than 800 G of Hashish Oil;
At least 20,000 but less than 40,000 units of Schedule I or II
Depressants or Schedule III substances
At least 1,250 but less than 2,500 units of Flunitrazepam.
(12) At least 10 G but less than 20 G of Heroin Level 16
(or the equivalent amount of other Schedule I or II Opiates);
At least 50 G but less than 100 G of Cocaine
(or the equivalent amount of other Schedule I or II
Stimulants);
At least 500 ML but less than 1 G of Cocaine Base;
At least 10 G but less than 20 G of PCP, or at least 1 G but
less than 2 G of PCP (actual);
At least 5 G but less than 10 G of Methamphetamine, or
At least 500 MG but less than 1 G of Methamphetamine (actual), or
at least 500 MG but less than 1 G of Ice;
At least 5 G but less than 10 G of Amphetamine, or
At least 500 MG but less than ! G of Amphetamine (actual);
At least 100 MG but less than 200 MG of LSD
(or the equivalent amount of other Schedule I or II
Hallucinogens);
At least 4 G but less than 8 G of Fentanyl;
At least 1 G but less than 2 G of a Fentanyl Analogue;
At least 10 KG but less than 20 KG of Marihuana;
At least 2 KG but less than 5 KG of Hashish;
At least 200 G but less than 500 G of Hashish Oil;
At least 10,000 but less than 20,000 units of Schedule I or II
Depressants or Schedule III substances
At least 625 but less than 1,250 units of Flunitrazepam.
(13) At least 5 G but less than 10 G of Heroin Level 14
(or the equivalent amount of other Schedule I or II Opiates);
At least 25 G but less than 50 G of Cocaine
(or the equivalent amount of other Schedule I or II
Stimulants);
At least 250 ML but less than 500 ML of Cocaine Base;
At least 5 G but less than 10 G of PCP, or at least 500 MG but
less than 1 G of PCP (actual);
At least 2.5 G but less than 5 G of Methamphetamine, or
At least 250 MG but less than 500 MG of Methamphetamine (actual),

CRS-24
or at least 250 but less than 500 MG of Ice;
At least 2.5 G but less than 5 G of Amphetamine, or
At least 250 MG but less tnan 500 MG of Amphetamine (actual);
At least 50 MG but less than 100 MG of LSD
(or the equivalent amount of other Schedule I or II
Hallucinogens);
At least 2 G but less than 4 G of Fentanyl;
At least 500 MG but less than 1 G of a Fentanyl Analogue;
At least 5 KG but less than 10 KG of Marihuana;
At least 1 KG but less than 2 KG of Hashish;
At least 100 G but less than 200 G of Hashish Oil;
At least 5,000 but less than 10,000 units of Schedule I or II
Depressants or Schedule III substances;
At least 312 but less than 625 units of Flunitrazepam.
(14) Less than 5 G heroin (or the equivalent amount of other Level 12
"Schedule I or II Opiates);
Less than 25 G Cocaine (or the equivalent amount of other
Schedule I or II Stimulants);
Less than 250 ML of Cocaine Base;
Less than 5 G of PCP, or less than 500 MG of PCP (actual);
Less than 2.5 G of Methamphetamine, or less than 500 MG of
Methamphetamine (actual), or less than 500 MG of Ice;
Less than 2.5 G of Amphetamine or less than 500 MG of
Amphetamine (actual);
Less than 50 MG of LSD (or the equivalent amount of other
Schedule I or II Hallucinogens);
Less than 2 G of Fentanyl;
Less than 500 MG of a Fentanyl Analogue;
At least 2.5 KG but less than 5 KG of Marihuana;
At least 500 G but less than 1 KG of Hashish;
At least 50 G but less than 100 G of Hashish Oil;
At least 2,500 but less than 5,000 units of Schedule I or II
Depressants or Schedule III substances;
At least 156 but less than 312 units of Flunitrazepam
40,000 or more units of Schedule IV substances.
(15) At least 1 KG but less than 2.5 KG of Marihuana; Level 10
At least 200 G but less than 500 G of Hashish;
At least 20 G but less than 50 G of Hashish Oil;
At least 1,000 but less than 2,500 units of Schedule I or II
Depressants or Schedule III substances;
At least 62 but less than 156 units of Flunitrazepam;
At least 16,000 but less than 40,000 or more units of Schedule
IV substances (except Flunitrazepam).
(16) At least 250 G but less than 1 KG of Marihuana; Level 8
At least 50 G but less than 200 G of Hashish;
At least 5 G but less than 20 G of Hashish Oil;
At least 250 but less than 1,000 units of Schedule I or II
Depressants) or Schedule III substances;
Less than 62 units of Flunitrazepam;
At least 4,000 but less than 16,000 units of Schedule IV
substances (except Flunitrazepam);
At least 40,000 or more units of Schedule V substances.
(17) Less than 250 G of Marihuana; Level 6
Less than 50 G of Hashish;
Less than 5 G of Hashish Oil;
Less than 250 units of Schedule I or II Depressants or
Schedule III substances;
Less than 4,000 units of Schedule IV substances (except Flunitrazepam);
Less than 40,000 units of Schedule V substances.

CRS-25

* Notes to Drug Quantity Table:
“(A) Unless otherwise specified, the weight of a controlled substance set forth in the table refers to the entire
weight of any mixture or substance containing a detectable amount of the controlled substance. 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.
“(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. For example, a mixture weighing 10
grams containing PCP at 50% purity contains 5 grams of PCP (actual). 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.
“(C) ‘Ice,’ for the purposes of this guideline, means a mixture or substance containing d-methamphetamine
hydrochloride of at least 80% purity.
“(D) ‘Cocaine base,’ for the purposes of this guideline, means ‘crack.’ ‘Crack’ is the street name for a form
of cocaine base, usually prepared by processing cocaine hydrochloride and sodium bicarbonate, and usually
appearing in a lumpy, rocklike form..
“(E) In the case of an offense involving marihuana plants, treat each plant, regardless of sex, as equivalent
to 100 G of marihuana. Provided, however, that if the actual weight of the marihuana is greater, use the actual
weight of the marihuana.
“(F) In the case of Schedule I or II Depressants, Schedule III substances (except anabolic steroids),
Schedule IV substances, and Schedule V substances, one "unit" means one pill, capsule, or tablet. If the
substance is in liquid form, one "unit" means 0.5 gms.
“(G) In the case of anabolic steroids, one "unit" means a 10 cc vial of an injectable steroid or fifty tablets.
All vials of injectable steroids are to be converted on the basis of their volume to the equivalent number of 10
cc vials (e.g., one 50 cc vial is to be counted as five 10 cc vials).
“(H) 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. Instead, treat each dose of LSD on the carrier medium as equal to 0.4 mg of LSD for the
purposes of the Drug Quantity Table.
“(I) Hashish, for the purposes of this guideline, means a resinous substance of cannabis that includes (i) one
or more of the tetrahydrocannabinols (as listed in 21 C.F.R. § 1308.11(d)(25)), (ii) at least two of the following:
cannabinol, cannabidiol, or cannabichromene, and (iii) fragments of plant material (such as cystolith fibers).
“(J) Hashish oil, for purposes of this guideline, means a preparation of the soluble cannabinoids derived
from cannabis that includes (i) one or more of the tetrahydrocannabinols (as listed in 21 C.F.R. §
1308.11(d)(25)), (ii) at least two of the following: cannabinol, cannabidiol, or cannabichromene, and (iii) is
essentially free of plant material (e.g., plant fragments). Typically, hashish oil is a viscous, dark colored oil, but
it can vary from a dry resin to a colorless liquid.”
Drug Equivalency Tables

Schedule I or II Opiates49
1 gm of Heroin = 1 kg of marihuana
1 gm of Alpha-Methylfentanyl = 10 kg of marihuana
1 gm of Dextromoramide = 670 gm of marihuana
1 gm of Dipipanone = 250 gm of marihuana
1 gm of 3-Methylfentanyl = 10 kg of marihuana
1 gm of 1-Methyl-4-phenyl-4-propionoxypiperidine/MPPP = 700 gm of marihuana
1 gm of 1-(2-Phenylethyl)-4-phenyl-4-acetyloxypiperidine/PEPAP = 700 gm of marihuana
1 gm of Alphaprodine = 100 gm of marihuana
1 gm of Fentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] Propanamide) = 2.5 kg of
marihuana
1 gm of Hydromorphone/Dihydromorphinone = 2.5 kg of marihuana
49 Provided, That the minimum offense level from the Drug Quantity Table for any of these
controlled substances individually, or in combination with another controlled substance, is
level 12.

CRS-26
1 gm of Levorphanol = 2.5 kg of marihuana
1 gm of Meperidine/Pethidine = 50 gm of marihuana
1 gm of Methadone = 500 gm of marihuana
1 gm of 6-Monoacetylmorphine = 1 kg of marihuana
1 gm of Morphine = 500 gm of marihuana
1 gm of Oxycodone = 500 gm of marihuana
1 gm of Oxymorphone = 5 kg of marihuana
1 gm of Racemorphan = 800 gm of marihuana
1 gm of Codeine = 80 gm of marihuana
1 gm of Dextropropoxyphene/Propoxyphene-Bulk = 50 gm of marihuana
1 gm of Ethylmorphine = 165 gm of marihuana
1 gm of Hydrocodone/Dihydrocodeinone = 500 gm of marihuana
1 gm of Mixed Alkaloids of Opium/Papaveretum = 250 gm of marihuana
1 gm of Opium = 50 gm of marihuana
1 gm of Levo-alpha-acetylmethadol (LAAM) = 3 kg of marihuana

Cocaine and Other Schedule I and II Stimulants (and their immediate
precursors)50
1 gm of Cocaine = 200 gm of marihuana
1 gm of N-Ethylamphetamine = 80 gm of marihuana
1 gm of Fenethylline = 40 gm of marihuana
1 gm of Amphetamine = 2 kg of marihuana
1 gm of Amphetamine (Acutal) = 20 kg of marihuana
1 gm of Methamphetamine = 2 kg of marihuana
1 gm of Methamphetamine (Actual) = 20 kg of marihuana
1 gm of Ice = 20 kg of marihuana
1 gm of Khat = .01 gm of marihuana
1 gm of 4-Methylaminorex (Euphoria) = 100 gm of marihuana
1 gm of Methylphenidate (Ritalin) = 100 gm of marihuana
1 gm of Phenmetrazine = 80 gm of marihuana
1 gm Phenylacetone/P sub2 P (when possessed for the purpose of
manufacturing methamphetamine) = 416 gm of marihuana
1 gm Phenylacetone/P sub2 P (in any other case) = 75 gm of marihuana
1 gm of N-N-Dimethylamphetamine = 40 gm of marihuana
1 gm of Cocaine Base ("Crack") = 20 kg of marihuana
1 gm of Aminorex = 100 gm of marihuana
1 gm of Methcathinone = 380 gm of marihuana

LSD, PCP, and Other Schedule I and II Hallucinogens (and their immediate precursors)51
1 gm of Bufotenine = 70 gm of marihuana
1 gm of D-Lysergic Acid Diethylamide/Lysergide/LSD = 100 kg of
marihuana
1 gm of Diethyltryptamine/DET = 80 gm of marihuana
1 gm of Dimethyltryptamine/DMT = 100 gm of marihuana
1 gm of Mescaline = 10 gm of marihuana
1 gm of Mushrooms containing Psilocin and/or Psilocybin (Dry) = 1 gm of marihuana
1 gm of Mushrooms containing Psilocin and/or Psilocybin (Wet) = 0.1 gm of marihuana
1 gm of Peyote (Dry) = 0.5 gm of marihuana
1 gm of Peyote (Wet) = 0.05 gm of marihuana
1 gm of Phencyclidine/PCP = 1 kg of marihuana
1 gm of Phencyclidine (actual)/PCP (actual) = 10 kg of marihuana
1 gm of Psilocin = 500 gm of marihuana
1 gm of Psilocybin = 500 gm of marihuana
1 gm of Pyrrolidine Analog of Phencyclidine/PHP = 1 kg of marihuana
1 gm of Thiophene Analog of Phencyclidine/TCP = 1 kg of marihuana
1 gm of 4-Bromo-2,5-Dimethoxyamphetamine/DOB = 2.5 kg of marihuana
1 gm of 2,5-Dimethoxy-4-methylamphetamine/DOM = 1.67 kg of marihuana
50 Provided, That the minimum offense level from the Drug Quantity Table for any of these
controlled substances individually, or in combination with another controlled substance, is
level 12.
51 Provided, That the minimum offense level from the Drug Quantity Table for any of these
controlled substances individually, or in combination with another controlled substance, is
level 12.

CRS-27
1 gm of 3,4-Methylenedioxyamphetamine/MDA = 500 gm of marihuana
1 gm of 3,4-Methylenedioxymethamphetamine/MDMA = 500 gm of
marihuana
1 gm of 3,4-Methylenedioxy-N-ethylamphetamine/MDEA = 500 gm of
marihuana
1 gm of Paramethoxymethamphetamine/PMA = 500 gm of
marihuana
1 gm of 1-Piperidinocyclohexanecarbonitrile/PCC = 680 gm of marihuana
1 gm of N-ethyl-1-phenylcyclohexylamine (PCE) = 1 kg of marihuana
Schedule I Marihuana
1 gm of Marihuana/Cannabis, granulated, powdered, etc. = 1 gm of marihuana
1 gm of Hashish Oil = 50 gm of marihuana
1 gm of Cannabis Resin or Hashish = 5 gm of marihuana
1 gm of Tetrahydrocannabinol, Organic = 167 gm of marihuana
1 gm of Tetrahydrocannabinol, Synthetic = 167 gm of marihuana
Fluitrazepam52
1 unit of Flunitrazepam = 16 gm of marihuana
Schedule I or II Depressants53
1 unit of a Schedule I or II Depressant = 1 gm of marihuana
Schedule III Substances54
1 unit of a Schedule III Substance = 1 gm of marihuana
Schedule IV Substances55
1 unit of a Schedule IV Substance = 0.0625 gm of marihuana
Schedule V Substances56
1 unit of a Schedule V Substance = 0.00625 gm of marihuana
52 Provided, That the combined equivalent weight of flunitrazepam, all Schedule I or II
depressants, Schedule III substances, Schedule IV substances, and Schedule V substances
shall not exceed 99.99 kilograms of marihuana.
The minimum offense level from the Drug Quantity Table for flunitrazepam
individually or in combination with Schedule I or II depressants, Schedule III substances,
Schedule IV substances, and Schedule V substances is level 8.
53 Provided, That the minimum offense level from the Drug Quantity Table for any of these
controlled substances individually, or in combination with another controlled substance, is
level 12.
54 Provided, that the combined equivalent weight of all Schedule III substances, Schedule
I or II depressants, Schedule IV substances, and Schedule V substances shall not exceed
59.99 kilograms of marihuana.
55 Provided, that the combined equivalent weight of all Schedule IV and V substances shall
not exceed 4.99 kilograms of marihuana.
56 Provided, that the combined equivalent weight of Schedule V substances shall not
exceed 999 grams of marihuana.

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