How Drug Quantity and Type Impact Federal Sentencing Guidelines

In federal criminal court, district judges sentence convicted defendants according to the United States Sentencing Guidelines. The Sentencing Guidelines provide a uniform policy for sentencing federal defendants convicted of felonies and serious misdemeanors. Although initially mandatory, the Guidelines today serve an advisory role, indicating presumptively reasonable sentences for a specific offense. However, federal judges retain the discretion to vary upward or downward from the Guidelines range based on the judge’s evaluation of the statutory sentencing factors, which identify aggravating and mitigating factors judges should consider during sentencing.

The Sentencing Guidelines determine a presumptive sentencing range for a defendant based on the offense and the defendant’s criminal history. Each offense receives an offense-level score based on the charged crime and applicable circumstances in the offense. A defendant will fall into one of six criminal history categories based on the number of prior convictions and other circumstances, such as committing an offense while serving or soon after completing a prior sentence. 

The Role of Drug Quantity in Sentencing

In federal drug cases, determining the offense level for a crime depends in part on the quantity of drugs attributable to the defendant. A federal court can attribute drugs to a defendant even if the defendant did not possess the drugs, such as when another member of the defendant’s drug conspiracy possessed drugs that the defendant knew about. For most drugs, the Sentencing Guidelines determine quantity by the total weight of the drugs, defined as “the entire weight of any mixture or substance containing a detectable amount of the controlled substance.”

Drug quantity can also result in defendants facing mandatory minimum penalties. Each type of drug has a minimum quantity that triggers a five-year and ten-year mandatory minimum penalty; five-year minimums also have a 40-year maximum term, and ten-year minimums have a maximum term of life imprisonment.

The Effect of Drug Type

Drug type also determines sentencing in federal drug cases. The federal Controlled Substances Act categorizes each drug into one of five Schedules based on the drug’s dangerousness and currently accepted medical uses. Schedule I drugs include substances with a high potential for abuse and no accepted medical uses, while Schedule II drugs include substances with a high potential for abuse but some accepted medical uses under supervision. Schedule V drugs have the lowest potential for abuse with widely accepted medical uses.

Federal law tends to impose harsher sentences on drugs considered more dangerous than others, with offenses involving Schedule I drugs usually having the highest sentences.

Contact a Criminal Defense Lawyer Today

Are you facing federal prosecution for a drug offense? If so, you need experienced counsel and advocacy from a dedicated drug defense attorney. The lawyers with DiCaudo, Pitchford & Yoder have over a half-century of combined experience handling the toughest state and federal cases, and we know what it takes to secure victory. Contact us today for a confidential consultation with our legal team to learn more about your sentencing exposure for federal drug charges, and let’s plan your defense together.