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21 U.S.C. § 962 — Second or subsequent offenses

Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 962 — Second or subsequent offenses

**(a) Term of imprisonment and fine** Any person convicted of any offense under this subchapter is, if the offense is a second or subsequent offense, punishable by a term of imprisonment twice that otherwise authorized, by twice the fine otherwise authorized, or by both. If the conviction is for an offense punishable under [section 960(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section960/b&num=0&edition=prelim), and if it is the offender’s second or subsequent offense, the court shall impose, in addition to any term of imprisonment and fine, twice the term of supervised release otherwise authorized. **(b) Determination of status** For purposes of this section, a person shall be considered convicted of a second or subsequent offense if, prior to the commission of such offense, one or more prior convictions of such person for a felony drug offense have become final. **(c) Procedures applicable** [Section 851 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section851&num=0&edition=prelim) shall apply with respect to any proceeding to sentence a person under this section.

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Source file: Laws/federal/codes/united-states-code/title-21/section-962-second-or-subsequent-offenses--aef5660bbc.md
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Source location: Title 21, Chapter 13, § 962; chapter-013-drug-abuse-prevention-and-control.md

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 851 — Proceedings to establish prior convictions

**(a) Information filed by United States Attorney** (1) No person who stands convicted of an offense under this part shall be sentenced to increased punishment by reason of one or more prior convictions, unless before trial, or before entry of a plea of guilty, the United States attorney files an information with the court (and serves a copy of such information on the person or counsel for the person) stating in writing the previous convictions to be relied upon. Upon a showing by the United States attorney that facts regarding prior convictions could not with due diligence be obtained prior to trial or before entry of a plea of guilty, the court may postpone the trial or the taking of the plea of guilty for a reasonable period for the purpose of obtaining such facts. Clerical mistakes in the information may be amended at any time prior to the pronouncement of sentence. (2) An information may not be filed under this section if the increased punishment which may be imposed is imprisonment for a term in excess of three years unless the person either waived or was afforded prosecution by indictment for the offense for which such increased punishment may be imposed. **(b) Affirmation or denial of previous conviction** If the United States attorney files an information under this section, the court shall after conviction but before pronouncement of sentence inquire of the person with respect to whom the information was filed whether he affirms or denies that he has been previously convicted as alleged in the information, and shall inform him that any challenge to a prior conviction which is not made before sentence is imposed may not thereafter be raised to attack the sentence. **(c) Denial; written response; hearing** (1) If the person denies any allegation of the info

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3583 — Inclusion of a term of supervised release after imprisonment

**(a) In General.—** The court, in imposing a sentence to a term of imprisonment for a felony or a misdemeanor, may include as a part of the sentence a requirement that the defendant be placed on a term of supervised release after imprisonment, except that the court shall include as a part of the sentence a requirement that the defendant be placed on a term of supervised release if such a term is required by statute or if the defendant has been convicted for the first time of a domestic violence crime as defined in section 3561(b). **(b) Authorized Terms of Supervised Release.—** Except as otherwise provided, the authorized terms of supervised release are— (1) for a Class A or Class B felony, not more than five years; (2) for a Class C or Class D felony, not more than three years; and (3) for a Class E felony, or for a misdemeanor (other than a petty offense), not more than one year. **(c) Factors To Be Considered in Including a Term of Supervised Release.—** The court, in determining whether to include a term of supervised release, and, if a term of supervised release is to be included, in determining the length of the term and the conditions of supervised release, shall consider the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and (a)(7). **(d) Conditions of Supervised Release.—** The court shall order, as an explicit condition of supervised release, that the defendant not commit another Federal, State, or local crime during the term of supervision, that the defendant make restitution in accordance with sections 3663 and 3663A, or any other statute authorizing a sentence of restitution, and that the defendant not unlawfully possess a controlled substance. The court shall order as an explicit condition of super

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3551 — Authorized sentences

**(a) In General.—** Except as otherwise specifically provided, a defendant who has been found guilty of an offense described in any Federal statute, including sections 13 and 1153 of this title, other than an Act of Congress applicable exclusively in the District of Columbia or the Uniform Code of Military Justice, shall be sentenced in accordance with the provisions of this chapter so as to achieve the purposes set forth in subparagraphs (A) through (D) of section 3553(a)(2) to the extent that they are applicable in light of all the circumstances of the case. **(b) Individuals.—** An individual found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to— (1) a term of probation as authorized by subchapter B; (2) a fine as authorized by subchapter C; or (3) a term of imprisonment as authorized by subchapter D. A sentence to pay a fine may be imposed in addition to any other sentence. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection. **(c) Organizations.—** An organization found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to— (1) a term of probation as authorized by subchapter B; or (2) a fine as authorized by subchapter C. A sentence to pay a fine may be imposed in addition to a sentence to probation. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection.

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 841 — Prohibited acts A

**(a) Unlawful acts** Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally— (1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or (2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance. **(b) Penalties** Except as otherwise provided in section 849, 859, 860, or 861 of this title, any person who violates subsection (a) of this section shall be sentenced as follows: (1) (A) In the case of a violation of subsection (a) of this section involving— (i) 1 kilogram or more of a mixture or substance containing a detectable amount of heroin; (ii) 5 kilograms or more of a mixture or substance containing a detectable amount of— (I) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; (II) cocaine, its salts, optical and geometric isomers, and salts of isomers; (III) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or (IV) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III); (iii) 280 grams or more of a mixture or substance described in clause (ii) which contains cocaine base; (iv) 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); (v) 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); (vi) 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- [

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 951 — Definitions

**(a)** For purposes of this subchapter— (1) The term “import” means, with respect to any article, any bringing in or introduction of such article into any area (whether or not such bringing in or introduction constitutes an importation within the meaning of the tariff laws of the United States). (2) The term “customs territory of the United States” has the meaning assigned to such term by general note 2 of the Harmonized Tariff Schedule of the United States. **(b)** Each term defined in [section 802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802&num=0&edition=prelim) shall have the same meaning for purposes of this subchapter as such term has for purposes of subchapter I.

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 960 — Prohibited acts A

**(a) Unlawful acts** Any person who— (1) contrary to section 825, 952, 953, or 957 of this title, knowingly or intentionally imports or exports a controlled substance, (2) contrary to [section 955 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section955&num=0&edition=prelim), knowingly or intentionally brings or possesses on board a vessel, aircraft, or vehicle a controlled substance, or (3) contrary to [section 959 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section959&num=0&edition=prelim), manufactures, possesses with intent to distribute, or distributes a controlled substance, shall be punished as provided in subsection (b). **(b) Penalties** (1) In the case of a violation of subsection (a) of this section involving— (A) 1 kilogram or more of a mixture or substance containing a detectable amount of heroin; (B) 5 kilograms or more of a mixture or substance containing a detectable amount of— (i) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; (ii) cocaine, its salts, optical and geometric isomers, and salts or isomers; (iii) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or (iv) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in clauses (i) through (iii); (C) 280 grams or more of a mixture or substance described in subparagraph (B) which contains cocaine base; (D) 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); (E) 10 grams or more of a mixture or substance containing a detecta

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 70506 — Penalties

**(a) Violations.—** A person violating paragraph (1) of [section 70503(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70503/a&num=0&edition=prelim) shall be punished as provided in section 1010 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ([21 U.S.C. 960](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section960&num=0&edition=prelim)). However, if the offense is a second or subsequent offense as provided in section 1012(b) of that Act ([21 U.S.C. 962(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section962/b&num=0&edition=prelim)), the person shall be punished as provided in section 1012 of that Act ([21 U.S.C. 962](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section962&num=0&edition=prelim)). **(b) Attempts and Conspiracies.—** A person attempting or conspiring to violate [section 70503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70503&num=0&edition=prelim) is subject to the same penalties as provided for violating section 70503. **(c) Simple Possession.—** (1) **In general.—** — Any individual on a vessel subject to the jurisdiction of the United States who is found by the Secretary, after notice and an opportunity for a hearing, to have knowingly or intentionally possessed a controlled substance within the meaning of the Controlled Substances Act ([21 U.S.C. 812](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section812&num=0&edition=prelim)) shall be liable to the United States for a civil penalty of not to exceed $5,000 for each violation. The Secretary shall notify the individual in writing of the amount of the civil penalty. (2) **Determination of am

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 962 — Second or subsequent offenses

Page 906 TITLE 21—FOOD AND DRUGS § 962 finds that the violation was so committed, such person shall be sentenced to imprison- ment for not more than one year or a fine of not more than $25,000 or both. (Pub. L. 91–513, title III, § 1011, Oct. 27, 1970, 84 Stat. 1290; Pub. L. 100–690, title VI, § 6053(d), Nov. 18, 1988, 102 Stat. 4316.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–690 inserted ‘‘or fails to notify the Attorney General of an importation or exportation under section 971 of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–690 effective 120 days after Nov. 18, 1988, see section 6061 of Pub. L. 100–690, set out as a note under section 802 of this title. EFFECTIVE DATE Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see 1105(a) of Pub. L. 91–513, set out as a under section 951 of this title. § 962. Second or subsequent offenses (a) Term of imprisonment and fine Any person convicted of any offense under this subchapter is, if the offense is a second or subse- quent offense, punishable by a term of imprison- ment twice that otherwise authorized, by twice the fine otherwise authorized, or by both. If the conviction is for an offense punishable under section 960(b) of this title, and if it is the offend- er’s second or subsequent offense, the court shall impose, in addition to any term of impris- onment and fine, twice the term of supervised release otherwise authorized. (b) Determination of status For purposes of this section, a person shall be considered convicted of a second or subsequent offense if, prior to the commission of such of- fense, one or more prior convictions of such per- son for a felony drug offense have become fi

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