Drug Offenses: Sentencing Under the United States Sentencing Guidelines An Example (CRS Report for Congress)
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| Release Date |
Jan. 30, 2003 |
| Report Number |
RL30721 |
| Report Type |
Report |
| Authors |
Charles Doyle, American Law Division |
| Source Agency |
Congressional Research Service |
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(pdf) A, Drug Smuggling, Drug Dealing and Drug Abuse:
Background
and Overview of the Sanctions Under the Federal Controlled Substances Act and Related
Statutes .
