21 U.S.C. § 848 — Continuing criminal enterprise

Page 856 TITLE 21—FOOD AND DRUGS §§ 845 to 845b of Justice solely for the purpose of determining in any subsequent proceeding whether the per- son qualified for a civil penalty or expungement under this section. If a record is expunged under this subsection, an individual concerning whom such an expungement has been made shall not be held thereafter under any provision of law to be guilty of perjury, false swearing, or making a false statement by reason of his failure to recite or acknowledge a proceeding under this section or the results thereof in response to an inquiry made of him for any purpose. (Pub. L. 91–513, title II, § 405, formerly Pub. L. 100–690, title VI, § 6486, Nov. 18, 1988, 102 Stat. 4384, renumbered § 405 of Pub. L. 91–513, and amended Pub. L. 101–647, title X, § 1002(g)(1), (2), Nov. 29, 1990, 104 Stat. 4828.) Editorial Notes PRIOR PROVISIONS A prior section 405 of Pub. L. 91–513 was renumbered section 418 and is classified to section 859 of this title. AMENDMENTS 1990—Subsec. (a). Pub. L. 101–647, § 1002(g)(2)(A), made technical amendments to references to sections 841(b)(1)(A) and 844 of this title to correct references to corresponding provisions of original act. Subsecs. (c), (j)(4). Pub. L. 101–647, § 1002(g)(2)(B), (C), struck out ‘‘as defined in section 802 of this title’’ after ‘‘controlled substance’’. §§ 845 to 845b. Transferred Editorial Notes CODIFICATION Section 845, Pub. L. 91–513, title II, § 405, Oct. 27, 1970, 84 Stat. 1265, as amended, which related to distribution of controlled substances to persons under age twenty- one, was renumbered § 418 of Pub. L. 91–513 by Pub. L. 101–647, title X, § 1002(a)(1), Nov. 29, 1990, 104 Stat. 4827, and transferred to section 859 of this title. Section 845a, Pub. L. 91–513, title II, § 405A, as added Pub. L. 98–473, title II, § 503(a), Oct. 12, 1984, 98 Stat. 2069, and amended, which related to distribution or manufacturing of controlled substances in or near schools and colleges, was renumbered § 419 of Pub. L. 91–513 by Pub. L. 101–647, title X, § 1002(b), Nov. 29, 1990, 104 Stat. 4827, and transferred to section 860 of this title. Section 845b, Pub. L. 91–513, title II, § 405B, as added Pub. L. 99–570, title I, § 1102, Oct. 27, 1986, 100 Stat. 3207–10, and amended, which related to employment or use of persons under 18 years of age in drug operations, was renumbered § 420 of Pub. L. 91–513 by Pub. L. 101–647, title X, § 1002(c), Nov. 29, 1990, 104 Stat. 4827, and transferred to section 861 of this title. § 846. Attempt and conspiracy Any person who attempts or conspires to com- mit any offense defined in this subchapter shall be subject to the same penalties as those pre- scribed for the offense, the commission of which was the object of the attempt or conspiracy. (Pub. L. 91–513, title II, § 406, Oct. 27, 1970, 84 Stat. 1265; Pub. L. 100–690, title VI, § 6470(a), Nov. 18, 1988, 102 Stat. 4377.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–690 substituted ‘‘shall be subject to the same penalties as those prescribed for the offense’’ for ‘‘is punishable by imprisonment or fine or both which may not exceed the maximum punishment pre- scribed for the offense’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. L. 91–513, set out as a note under section 801 of this title. § 847. Additional penalties Any penalty imposed for violation of this sub- chapter shall be in addition to, and not in lieu of, any civil or administrative penalty or sanc- tion authorized by law. (Pub. L. 91–513, title II, § 407, Oct. 27, 1970, 84 Stat. 1265.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. L. 91–513, set out as a note under section 801 of this title. § 848. Continuing criminal enterprise (a) Penalties; forfeitures Any person who engages in a continuing criminal enterprise shall be sentenced to a term of imprisonment which may not be less than 20 years and which may be up to life imprison- ment, to a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $2,000,000 if the defendant is an indi- vidual or $5,000,000 if the defendant is other than an individual, and to the forfeiture prescribed in section 853 of this title; except that if any per- son engages in such activity after one or more prior convictions of him under this section have become final, he shall be sentenced to a term of imprisonment which may not be less than 30 years and which may be up to life imprison- ment, to a fine not to exceed the greater of twice the amount authorized in accordance with the provisions of title 18 or $4,000,000 if the de- fendant is an individual or $10,000,000 if the de- fendant is other than an individual, and to the forfeiture prescribed in section 853 of this title. (b) Life imprisonment for engaging in continuing criminal enterprise Any person who engages in a continuing criminal enterprise shall be imprisoned for life and fined in accordance with subsection (a), if— (1) such person is the principal adminis- trator, organizer, or leader of the enterprise or is one of several such principal administra- tors, organizers, or leaders; and (2)(A) the violation referred to in subsection (c)(1) involved at least 300 times the quantity of a substance described in subsection 841(b)(1)(B) of this title, or (B) the enterprise, or any other enterprise in which the defendant was the principal or one of several principal administrators, orga- nizers, or leaders, received $10 million dollars in gross receipts during any twelve-month pe- riod of its existence for the manufacture, im- Page 857 TITLE 21—FOOD AND DRUGS § 848 1 See References in Text note below. 2 So in original. Section does not contain a subsec. (f), see 1988 Amendment note below. portation, or distribution of a substance de- scribed in section 841(b)(1)(B) of this title. (c) ‘‘Continuing criminal enterprise’’ defined For purposes of subsection (a), a person is en- gaged in a continuing criminal enterprise if— (1) he violates any provision of this sub- chapter or subchapter II the punishment for which is a felony, and (2) such violation is a part of a continuing series of violations of this subchapter or sub- chapter II— (A) which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and (B) from which such person obtains sub- stantial income or resources. (d) Suspension of sentence and probation pro- hibited In the case of any sentence imposed under this section, imposition or execution of such sen- tence shall not be suspended, probation shall not be granted, and the Act of July 15, 1932 (D.C. Code, secs. 24–203—24–207), shall not apply. (e) Death penalty (1) In addition to the other penalties set forth in this section— (A) any person engaging in or working in furtherance of a continuing criminal enter- prise, or any person engaging in an offense punishable under section 841(b)(1)(A) 1 of this title or section 960(b)(1) 1 of this title who in- tentionally kills or counsels, commands, in- duces, procures, or causes the intentional kill- ing of an individual and such killing results, shall be sentenced to any term of imprison- ment, which shall not be less than 20 years, and which may be up to life imprisonment, or may be sentenced to death; and (B) any person, during the commission of, in furtherance of, or while attempting to avoid apprehension, prosecution or service of a pris- on sentence for, a felony violation of this sub- chapter or subchapter II who intentionally kills or counsels, commands, induces, pro- cures, or causes the intentional killing of any Federal, State, or local law enforcement offi- cer engaged in, or on account of, the perform- ance of such officer’s official duties and such killing results, shall be sentenced to any term of imprisonment, which shall not be less than 20 years, and which may be up to life imprison- ment, or may be sentenced to death. (2) As used in paragraph (1)(B), the term ‘‘law enforcement officer’’ means a public servant au- thorized by law or by a Government agency or Congress to conduct or engage in the preven- tion, investigation, prosecution or adjudication of an offense, and includes those engaged in cor- rections, probation, or parole functions. (g) 2 to (p) Repealed. Pub. L. 109–177, title II, § 221(2), Mar. 9, 2006, 120 Stat. 231 (q) Repealed. Pub. L. 109–177, title II, §§ 221(4), 222(c), Mar. 9, 2006, 120 Stat. 231, 232 (r) Repealed. Pub. L. 109–177, title II, § 221(3), Mar. 9, 2006, 120 Stat. 231 (s) Special provision for methamphetamine For the purposes of subsection (b), in the case of continuing criminal enterprise involving methamphetamine or its salts, isomers, or salts of isomers, paragraph (2)(A) shall be applied by substituting ‘‘200’’ for ‘‘300’’, and paragraph (2)(B) shall be applied by substituting ‘‘$5,000,000’’ for ‘‘$10 million dollars’’. (Pub. L. 91–513, title II, § 408, Oct. 27, 1970, 84 Stat. 1265; Pub. L. 98–473, title II, §§ 224(b), for- merly § 224(c), 305, Oct. 12, 1984, 98 Stat. 2030, 2050; Pub. L. 99–570, title I, §§ 1005(b)(2), 1252, 1253, Oct. 27, 1986, 100 Stat. 3207–6, 3207–14; Pub. L. 100–690, title VI, § 6481, title VII, § 7001, Nov. 18, 1988, 102 Stat. 4382, 4387; Pub. L. 103–322, title XXXIII, §§ 330003(e), 330009(d), 330014, Sept. 13, 1994, 108 Stat. 2141, 2143, 2146; Pub. L. 104–132, title I, § 108, title IX, § 903(b), Apr. 24, 1996, 110 Stat. 1226, 1318; Pub. L. 109–177, title II, §§ 221, 222(c), title VII, § 733, Mar. 9, 2006, 120 Stat. 231, 232, 270.) Editorial Notes REFERENCES IN TEXT Section 841(b)(1)(A), referred to in subsec. (e)(1)(A), was in the original a reference to ‘‘section 841(b)(1)(A)’’ but probably should be a reference to ‘‘section 401(b)(1)(A)’’, meaning section 401(b)(1)(A) of Pub. L. 91–513, title II, Oct. 27, 1970, 84 Stat. 1260. Section 960(b)(1), referred to in subsec. (e)(1)(A), was in the original a reference to ‘‘section 960(b)(1)’’ but probably should be a reference to ‘‘section 1010(b)(1)’’, meaning section 1010(b)(1) of Pub. L. 91–513, title III, Oct. 27, 1970, 84 Stat. 1290. Act of July 15, 1932 (D.C. Code, secs. 24–203—24–207), referred to in subsec. (d), is act July 15, 1932, ch. 492, 47 Stat. 696, which is not classified to the Code. AMENDMENTS 2006—Subsec. (e)(2). Pub. L. 109–177, § 221(1), sub- stituted ‘‘(1)(B)’’ for ‘‘(1)(b)’’. Subsecs. (g) to (p). Pub. L. 109–177, § 221(2), struck out subsecs. (g) to (p) which related to hearing and sen- tencing procedures in death penalty cases and sen- tencing in capital cases in which the death penalty is not sought or imposed. Subsec. (q). Pub. L. 109–177, §§ 221(4), 222(c), struck out subsec. (q) which related to appeal in capital cases and counsel for financially unable defendants. Subsec. (r). Pub. L. 109–177, § 221(3), struck out subsec. (r) which provided for refusal by State and Federal cor- rectional employees to participate in executions. Subsec. (s). Pub. L. 109–177, § 733, added subsec. (s). 1996—Subsec. (q)(9). Pub. L. 104–132, § 108, amended par. (9) generally. Prior to amendment, par. (9) read as follows: ‘‘Upon a finding in ex parte proceedings that investigative, expert or other services are reasonably necessary for the representation of the defendant, whether in connection with issues relating to guilt or sentence, the court shall authorize the defendant’s at- torneys to obtain such services on behalf of the defend- ant and shall order the payment of fees and expenses Page 858 TITLE 21—FOOD AND DRUGS § 849 1 So in original. Probably should refer to subsection (c). 2 So in original. Probably should refer to subsection (b). therefore, under paragraph (10). Upon a finding that timely procurement of such services could not prac- ticably await prior authorization, the court may au- thorize the provision of and payment for such services nunc pro tunc.’’ Subsec. (q)(10). Pub. L. 104–132, § 903(b), amended par. (10) generally. Prior to amendment, par. (10) read as follows: ‘‘Notwithstanding the rates and maximum lim- its generally applicable to criminal cases and any other provision of law to the contrary, the court shall fix the compensation to be paid to attorneys appointed under this subsection and the fees and expenses to be paid for investigative, expert, and other reasonably necessary services authorized under paragraph (9), at such rates or amounts as the court determines to be reasonably necessary to carry out the requirements of paragraphs (4) through (9).’’ 1994—Subsec. (b)(2)(A). Pub. L. 103–322, § 330003(e), sub- stituted ‘‘subsection (c)(1)’’ for ‘‘subsection (d)(1)’’. Subsec. (n)(11). Pub. L. 103–322, § 330014, made tech- nical amendment to reference to section 859 of this title to correct reference to corresponding section of original act. Subsec. (q)(8). Pub. L. 103–322, § 330009(d), substituted ‘‘applications for writ’’ for ‘‘applications, for writ’’. 1988—Subsec. (a). Pub. L. 100–690, § 6481(a), increased minimum term of imprisonment for first violations to 20 from 10 years and for subsequent violations to 30 from 20 years. Subsecs. (c), (d). Pub. L. 100–690, § 6481(b), redesig- nated subsecs. (d) and (e) as (c) and (d), respectively. Subsec. (e). Pub. L. 100–690, § 7001(a)(2), added subsec. (e). Former subsec. (e) redesignated (d). Pub. L. 100–690, § 7001(a)(1), which directed redesigna- tion of former subsec. (e) as (f), could not be executed because of prior redesignation of former subsec. (e) as (d) by Pub. L. 100–690, § 6481(b), which resulted in there not being a subsec. (f). Subsecs. (g) to (r). Pub. L. 100–690, § 7001(b), added sub- secs. (g) to (r). 1986—Subsec. (a). Pub. L. 99–570, § 1252, substituted ‘‘to a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $2,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual,’’ for ‘‘to a fine of not more than $100,000,’’ and ‘‘to a fine not to ex- ceed the greater of twice the amount authorized in ac- cordance with the provisions of title 18 or $4,000,000 if the defendant is an individual or $10,000,000 if the de- fendant is other than an individual,’’ for ‘‘to a fine of not more than $200,000,’’. Subsecs. (b) to (e). Pub. L. 99–570, § 1253, added subsec. (b) and redesignated former subsecs. (b) and (c) as (d) and (e), respectively, which resulted in there not being a subsec. (c). 1984—Subsec. (a). Pub. L. 98–473, § 305, struck out par. (1) designation, substituted references to section 853 of this title for references to paragraph (2) in two places, and struck out par. (2) which related to forfeitures to the United States by any person convicted under par. (1). Subsec. (d). Pub. L. 98–473, § 305(b), struck out subsec. (d) relating to jurisdiction of courts of the United States. Subsec. (e). Pub. L. 98–473, § 224(b), as renumbered by Pub. L. 99–570, § 1005(b)(2), which directed the amend- ment of subsec. (c) of this section by striking out ‘‘and section 4202 of title 18 of the United States Code’’, was executed by striking out that language in subsec. (e) to reflect the probable intent of Congress and the inter- vening amendment by Pub. L. 99–570, § 1253, which re- designated subsec. (c) as (e). See 1986 Amendment note above. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 903(b) of Pub. L. 104–132 effec- tive as to cases commenced or appeals perfected on or after Apr. 24, 1996, see section 903(c) of Pub. L. 104–132, set out as a note under section 3006A of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 224(b) of Pub. L. 98–473 effec- tive Nov. 1, 1987, and applicable only to offenses com- mitted after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effec- tive Date note under section 3551 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. L. 91–513, set out as a note under section 801 of this title. GAO STUDY OF COST OF EXECUTIONS Pub. L. 100–690, title VII, § 7002, Nov. 18, 1988, 102 Stat. 4395, directed Comptroller General to conduct a study of cost of executions and report to Congress, prior to repeal by Pub. L. 104–66, title I, § 1091(d), Dec. 21, 1995, 109 Stat. 722. § 849. Transportation safety offenses (a) Definitions In this section— ‘‘safety rest area’’ means a roadside facility with parking facilities for the rest or other needs of motorists. ‘‘truck stop’’ means a facility (including any parking lot appurtenant thereto) that— (A) has the capacity to provide fuel or service, or both, to any commercial motor vehicle (as defined in section 31301 of title 49), operating in commerce (as defined in that section); and (B) is located within 2,500 feet of the Na- tional System of Interstate and Defense Highways or the Federal-Aid Primary Sys- tem. (b) First offense A person who violates section 841(a)(1) of this title or section 856 of this title by distributing or possessing with intent to distribute a con- trolled substance in or on, or within 1,000 feet of, a truck stop or safety rest area is (except as pro- vided in subsection (b)) 1 subject to— (1) twice the maximum punishment author- ized by section 841(b) of this title; and (2) twice any term of supervised release au- thorized by section 841(b) of this title for a first offense. (c) Subsequent offense A person who violates section 841(a)(1) of this title or section 856 of this title by distributing or possessing with intent to distribute a con- trolled substance in or on, or within 1,000 feet of, a truck stop or a safety rest area after a prior conviction or convictions under subsection (a) 2 have become final is subject to— (1) 3 times the maximum punishment au- thorized by section 841(b) of this title; and (2) 3 times any term of supervised release au- thorized by section 841(b) of this title for a first offense. (Pub. L. 91–513, title II, § 409, as added Pub. L. 103–322, title XVIII, § 180201(b)(1), Sept. 13, 1994, 108 Stat. 2046.)