Robert Richard Thornton - Voice For The Defense Online

tory minimum jail terms will be imposedfor drug trafficking offenses involving thefollowing quantities of the same controlledsubstances:(i) 100 grams or more of a mixture orsubstance containin a detectable amount ofheroin;(ii) 500 grams or more of a mixture orsubstance containing a detectable amountof -coca leaves, except coca leaves andextracts of coca leaves from which cocaine,ecgonine, and derivatives of ecgonineor their salts have been removed:(11) cocaine, its salts, optical and g oometric isomers, and salts of isomers:(111) ecgonine, its derivatives, theirsalts, isomers, and salts of isomers; or(IV) any compound, mixture, orpreparation which contains any quantity ofany of the substance referred to in subclauses(I) through (111);(iii) 5 grams or more of a mixture orsubstance described in clause (ii) whichcontains cocaine base;(iv) 10 grams or more of phencyclidine(PCP) or 100 grams or more of a mixtureor substance containing a detectableamount of phencyclidine (PCP);(v) 1 gram or more of a mixture or substancecontaining a detectable amount oflysergic acid diethylamide (LSD);(vi) 40 arams or more of a mixture orUnited States Code, or $2,000,000 if thedefendant is an individual and $5,000,000if the defendant is other than an individual.A court must also impose a term of supervisedrelease of at least four (4) yearson such "first-time drug offenders."Persons convicted of such offenses whohave prior, final state, federal or foreigndmg-related convictions must be sentencedto a mandatory minimum term of imprisonmentof ten (10) years with a maximumof life imprisonment. If death orserious bodily injury bas resulted from useof the substance in question, such "repeatdrug offenders" must be sentenced to lifeimprisonment. In addition to imposing aterm of imprisonment, a court may finesuch "repeat drug offenders" an amount notto exceed the greater of twice that authorizedunder Title 18, United States Code,or $4,000,000 if the defendant is an individualor $10,000,000 if the defendantis other than an individual. A court mustalso impose a term of supervised releaseof at least eight (8) years on such "repeatdrug offenders."Penalties Involvirrg Non-MandatoryJail TennsPenalties involving non-mandatory jailterms are to be imposed for traffickingoffenses involving lesser quantities of thecontrolled substances or anyother Schedule I or Il controlled substance(except for offenses involving less than 10kilograms of hashish or less than 1 kilogramof hashish oil or less than 50 kilogramsof marijuana unless the offenseinvolves 100 or more marijuana plantsregardless of weight). Persons convictedof such offenses who have no prior, finaldrug-related convictions may be sentencedto a term of imprisonment of up to twenty(20) years and may also be fined anamountnot to exceed the greater of that authorizedunder Title 18, United States Code, or$l,W0,000 if the defendant is an individualor $5,000,000 if the defendant is otherthan an individual. If death or serious bodilyinjury has resulted from use of the substancein question, however, such"first-time offenders" must be sentenced toa mandatory minimum term of imprisonmentof twenty (20) years with a maximumof life imprisonment and may also be finedaccording to the foregoing amounts. Thecourt must also impose a term of supervisedrelease of at least three (3) years onall "first-time drug offenders."Persons convicted of such drug traffickingoffenses who have prior, final drugrelatedconvictions may be sentenced to aterm of imprisonment of up to thirty (30)years and may also be fined an amount notto exceed the greater of twice that authorizedunder Title 18, United States Code,or $2,000,000 if the defendant is an in-idinyl] propanamide or 10 grams or moreof a mrxture or substance containing a detectableamount of any analogue of N-phenyl-N-[1-(2-phenylethy1)-4-piperidinyl]propanamide; or(vii) 100 kilograms or more of a mixtureor substance containing a detectableamount of marijuana.Persons convicted of such drug traffickingoffenses who have no prior, final drugrelatedconvictions must be sentenced toa mandatory minimum term of imprisonmentof five (5) years, with a maximumof forty (40) years imprisonment. If deathor serious bodily injury has resulted fromuse of the substance in question, such"first-time drug offenders" must be sentencedto a mandatory minimum term ofimprisonment of twenty (20) years and amaximum of life imprisonment. In additionto imposing the term of imprisonment,a court may fine such "first-time drugoffenders" an amount not to exceed thegreater of that authorized under Title 18,The Attorney Who CaresWhatever the case. Whatever the Court.Our NationaI/InternationaI Sentencingand Parole Memorandums save precioustime. For You. For Your Clients. When alife is on the line, a second opinion can'thurt.Call Now: 1 -800-241 -0095NATIONAL LEGAL SERVICESSentencing Alternative Planning71 0 Lake View Avenue, Atlanta, Ga. 30308Sentencing and Parole ConsultantsFebruary 1987 1 VOICE for the Defense 11