Set base offense level and special offense characteristics (SOCs).

Total Offense Level:43

Selected Guideline: 2D1.1 - Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy

If the defendant is convicted of an offense under 21 U.S.C. § 841(b)(1)(A), (b)(1)(B), or (b)(1)(C), or 21 U.S.C. § 960(b)(1), (b)(2), or (b)(3), to which the mandatory statutory term of life imprisonment applies; or the parties stipulate to such an offense for purposes of calculating the guideline range

Level 43

If the defendant is convicted of an offense under 21 U.S.C. § 841(b)(1)(A), (b)(1)(B), or (b)(1)(C), or 21 U.S.C. § 960(b)(1), (b)(2), or (b)(3), to which the statutory term of imprisonment of not less than 20 years to life applies; or the parties stipulate to such an offense for purposes of calculating the guideline range

Level 38

If the defendant is convicted of an offense under 21 U.S.C. § 841(b)(1)(E) or 21 U.S.C. § 960(b)(5) to which the statutory maximum term of imprisonment of 30 years applies; or the parties stipulate to such an offense for purposes of calculating the guideline range

Level 30

If the defendant is convicted of an offense under 21 U.S.C. § 841(b)(1)(E) or 21 U.S.C. § 960(b)(5) to which the statutory maximum term of imprisonment of 15 years applies; or the parties stipulate to such an offense for purposes of calculating the guideline range

Level 26

The offense level specified in the Drug Quantity Table set forth in subsection (c)

Level 0

Total Offense Level:43

Statutory Provisions:

21 U.S.C. §§ 841(a), (b)(1)-(3), (7), 960(a), (b); 49 U.S.C. § 46317(b)

Statutory Minimum & Consecutive Sentencing Requirements

Mandatory Minimum Terms:

21 U.S.C. § 841(b)(1)(A), (b)(1)(B), (b)(1)(C) / § 960(b)(1)-(3)Life

Offense: Drug trafficking with death/serious bodily injury

Conditions: Death or serious bodily injury resulted from controlled substance use AND defendant has prior convictions for serious drug/violent felony

21 U.S.C. § 841(b)(1)(A), (b)(1)(B), (b)(1)(C) / § 960(b)(1)-(3)20

Offense: Drug trafficking with death/serious bodily injury

Conditions: Death or serious bodily injury resulted from controlled substance use

21 U.S.C. § 841(b)(1) (various drug quantities)10

Offense: Drug trafficking - quantity-based minimums

Conditions: Specific drug quantities (e.g., 1kg+ heroin, 5kg+ cocaine, 1000kg+ marijuana)

21 U.S.C. § 841(b)(1) (various drug quantities)5

Offense: Drug trafficking - quantity-based minimums

Conditions: Lower drug quantity thresholds

Consecutive Sentencing Requirements:

21 U.S.C. § 860a

Offense:

Consecutive to: Underlying drug offense

Conditions: Distribution near schools/colleges

21 U.S.C. § 865

Offense:

Consecutive to: Underlying drug offense

Conditions: Use of communications facility

Special Notes:

Guideline ranges designed so statutory minimums fall within range
Chapman doctrine applies - mixture/substance weight includes carrier medium for statutory minimum purposes
Supervised release terms frequently required by statute

Chapter 2 Offense Level Calculation:

Base Offense Level:0

Current Total:43

Chapter 2 Adjustments