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9.29 Illegal Use of Communication Facility (21 U.S.C. Sec. 843(b)).

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/

9.29 Illegal Use of Communication Facility (21 U.S.C. Sec. 843(b)) is a federal law that makes it illegal to use any communication facility (such as a telephone or internet connection) to commit a drug crime. This includes selling, delivering, receiving, distributing, or possessing with intent to distribute a controlled substance. The law applies to all types of communication, including voice, data, text, and audio. It also covers the use of communication facilities, such as telephones, computers, or the internet, to facilitate drug-related offenses. Violations of this law may result in penalties that include up to four years in prison and a fine of up to $250,000. Additionally, the court may impose a special assessment of up to $100 for each violation. There are three types of 9.29 Illegal Use of Communication Facility (21 U.S.C. Sec. 843(b)): (1) using any communication facility to commit a drug crime, (2) using any communication facility to facilitate a drug-related offense, and (3) using any communication facility to facilitate the sale, delivery, or distribution of a controlled substance.

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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.

The jail time punishment are as follows: 10 Years to Life ? when a person is guilty of smuggling or importing at least 5 kilos of cocaine, 1 kilo of heroin, 1000 kilos of marijuana, or 50 grams of meth. Laws: 21 U.S.C.

Under federal law, a ?communication facility? refers to all mail, telephone, wire, radio, and computer-based communications. Using a ?communication facility? becomes a crime when it is used to commit a controlled substance violation under federal law.

Penalties identical to distribution penalties. 21 USC § 843(a)(3) (Obtaining Controlled Substances by Misrepresentation, Fraud, etc.) Four year maximum for drug diversion offenses. Four year maximum for each use of a telephone to arrange a drug transaction.

Such person shall be sentenced to a term of imprisonment which may not be less than 5 years and not more than 40 years and if death or serious bodily injury results from the use of such substance shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in ance with

21 USC § 843(a)(3) (Obtaining Controlled Substances by Misrepresentation, Fraud, etc.) Four year maximum for drug diversion offenses.

Any person who violates this subsection may be sentenced to a term of imprisonment of not more than 1 year, and shall be fined a minimum of $1,000, or both, except that if he commits such offense after a prior conviction under this subchapter or subchapter II, or a prior conviction for any drug, narcotic, or chemical

(21 U.S.C. § 843(b)) For the defendant to be found guilty of that charge, the government must prove beyond a reasonable doubt that the defendant knowingly or intentionally used a telephone the mail a radio a wire to help bring about specify illegal act or acts as charged in Count of the indictment.

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Statutory Penalties: 21 U.S.C. §§ 841(b)(1), 960(b) . Statutory maximum generally is 20 years.(2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.

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9.29 Illegal Use of Communication Facility (21 U.S.C. Sec. 843(b)).