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21 U.S.C. Sec. 846 ATTEMPTED DISTRIBUTION OF CONTROLLED SUBSTANCE

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Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm

21 U.S.C. Sec. 846 is the federal statute concerning Attempted Distribution of Controlled Substances. This statute makes it illegal for a person to attempt to manufacture, distribute, dispense, or possess with intent to distribute a controlled substance. Specifically, it prohibits activities such as attempting to acquire, manufacture, possess, or distribute any controlled substance, or attempting to obtain a controlled substance by fraud, deceit, misrepresentation, or subterfuge. It also prohibits the attempt to possess a controlled substance with the knowledge or intent to distribute it, or the attempt to offer, solicit, or receive a controlled substance in exchange for money, property, or services. Penalties for violations of this statute can include fines and/or imprisonment, depending on the severity of the offense.

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FAQ

§ 846 and 21 U.S.C. § 841(b)(1)(A) carries a possible punishment of no less than ten years and up to life imprisonment and a fine of up to $10 million. Conspiracy to distribute and to possess with intent to distribute more than 28 grams of crack cocaine, or more than 500 grams of cocaine, in violation of 21 U.S.C.

If any person commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final, such person shall be sentenced to a term of imprisonment of not less than 15 years and not more than life imprisonment and if death or serious bodily injury results from the use of such

Defendants with two or more prior felony drug convictions face a mandatory term of life imprisonment without release and fines based on their preceding sentence. Defendants convicted under 21 U.S.C. § 846, those who attempt to commit any of the § 841 offenses, face the same penalties as those convicted under § 841.

To create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.

21 USC § 844 (Simple Possession) Can become felony with higher penalties if prior drug convictions.

To create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.

846. Attempt and conspiracy. STATUTE. Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.

More info

Statutory maximum generally is 20 years. CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL SUBCHAPTER I - CONTROL AND ENFORCEMENT Part D - Offenses and Penalties Sec.Civil penalty for possession of small amounts of certain controlled substances. 845 to 845b. Transferred. 846. Attempts and Conspiracies: 21 U.S.C. §§ 846, 963 . (f) Distribution of controlled substance to pregnant individual. Tabb's conviction under 21 U.S.C. § 846 constituted a predicate "controlled substance offense. " The Court agrees with both findings. Records of Distribution of Controlled Substances. The federal Controlled Substances Act, 21 U.S.C. § 801 et seq.

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21 U.S.C. Sec. 846 ATTEMPTED DISTRIBUTION OF CONTROLLED SUBSTANCE