Silk Road forums
Discussion => Shipping => Topic started by: jpinkman on June 06, 2012, 10:36 am
-
Surprised to see there wasn't a sticky somewhere explaining what the risks and penalties are for different substances either purchased or sold through the mail. Since most of such transactions are interstate they would fall under federal jurisdiction.
This would probably need the guidance of a lawyer familiar with the federal drug statutes and some case history to paint an accurate picture of the potential legal ramifications. At the minimum someone prosecuted for such crimes would be familiar with the cascade of charges brought could be extremely insightful.
This is important since it helps to know what quantities at the federal level does a buyer's "simple possession" turn into "intent to distribute" and what quantities for sellers triggers mandatory minimum sentencing. It's also useful to know what other federal charges are likely to be brought. Usually they try and throw every conceivable charge at you so that if/when you plea down you're still hit with something significant. Being aware of the consequences at what quantity helps in making an informed decision on how much to buy or sell in one transaction.
Trying to research this subject was challenging since it's hard to find cases where recipients of smaller quantities were charged. Only the larger busts make the press. But with the proliferation of this medium used for commercial distribution of smaller amounts it's a given there's going to be a lot more cases and press in the future. The best way to minimize risk is to be aware of specifically what the risks are in the first place.
RFC from anyone with specialized knowledge on this subject?
-
Actually - its not hard to figure out. Its in the USSG (US Sentencing Guidelines).
Here's the drug quantity table (determine offense level):
http://www.criminal-trial-lawyer.org/files/drug-quantity-table.pdf
Here's the sentencing table (how much time for your offense level):
http://www.criminal-trial-lawyer.org/files/sentencing-table.pdf (http://www.criminal-trial-lawyer.org/files/sentencing-table.pdf)
-
so much for the "small amounts of schedule 1s are totally safe omfgz crowd"
cocaine:
500 - 4999 gms mixture : Not less than 5 yrs, and not more than 40 yrs. If death or serious injury, not less than 20 or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual
5 kgs or more mixture: Not less than 10 yrs, and not more than life. If death or serious injury, not less than 20 or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual.
crack:
28-279 gms mixture : Not less than 5 yrs, and not more than 40 yrs. If death or serious injury, not less than 20 or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual
280 gms or more mixture: Not less than 10 yrs, and not more than life. If death or serious injury, not less than 20 or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual.
fentanyl:
40 - 399 gms mixture: Not less than 5 yrs, and not more than 40 yrs. If death or serious injury, not less than 20 or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual
400 gms or more mixture: Not less than 10 yrs, and not more than life. If death or serious injury, not less than 20 or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual.
Heroin:
100 - 999 gms mixture: Not less than 5 yrs, and not more than 40 yrs. If death or serious injury, not less than 20 or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual
1 kg or more mixture: Not less than 10 yrs, and not more than life. If death or serious injury, not less than 20 or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual.
LSD:
1 - 9 gms mixture: Not less than 5 yrs, and not more than 40 yrs. If death or serious injury, not less than 20 or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual
10 gms or more mixture: Not less than 10 yrs, and not more than life. If death or serious injury, not less than 20 or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual.
3 offenses: mandatory life sentence
meth:
5 - 49 gms pure or 50 - 499 gms mixture : Not less than 5 yrs, and not more than 40 yrs. If death or serious injury, not less than 20 or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual
50 gms or more pure or 500 gms or more mixture: Not less than 10 yrs, and not more than life. If death or serious injury, not less than 20 or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual.
All other schedule I or II drugs other than marijuana:
Any amount: Not more that 20 yrs. If death or serious injury, not less than 20 yrs, or more than Life. Fine $1 million if an individual, $5 million if not an individual.
-
Actually - its not hard to figure out. Its in the USSG (US Sentencing Guidelines).
Here's the drug quantity table (determine offense level):
http://www.criminal-trial-lawyer.org/files/drug-quantity-table.pdf
Here's the sentencing table (how much time for your offense level):
http://www.criminal-trial-lawyer.org/files/sentencing-table.pdf (http://www.criminal-trial-lawyer.org/files/sentencing-table.pdf)
Is that quantity as a buyer or seller? It would also be helpful to know what host of other charges on top of simple possession and intent to distribute will be thrown on top.
-
so much for the "small amounts of schedule 1s are totally safe omfgz crowd"
Nothing you quoted was a "small amount". The smallest amount of cocaine on your list was 500 grams. I don't think most people on SR are ordering half kilos of blow.
-
Federal indictments are goofy. Basically - if you have anything to do with the drug, you can get charged with conspiracy and trafficking. Its not like state court - if you were helping your friend buy 2 kilos of coke, but you never seen it in your life - you're getting hit with 2 kilos of coke. Its pretty fucked up.