Drug Trafficking Statutes are replete with mandatory prison sentences for those convicted. The sentences vary in length depending on the amount and the type of substance. Location and whether violence was involved. In reality, the Feds hand out prison sentences like candy from a Pez Dispenser.
Mr. Canet has been representing those accused in Federal Court of drug crimes since 1989. He has handled federal drug cases at every level. From trial to appeals to the United States Supreme Court. Great care must be taken and the application of skill and experience are critical. Drug cases very often require Fourth Amendment Search and Seizureissues, Fifth and Sixth Amendment issues having to do with Miranda Rights and the Right to Counsel. Knowledge an expertise in these areas are an absolute requirement. There can be no chance of success if attention is not paid to motions to suppress evidence for violation of Constitutional Rights. Informants must also be considered. Issues of witness credibility require that the lawyer display his ability to effectively cross examination.
Federal Practice also requires intimate knowledge of the Federal Sentencing Guidelines. The punishment code is intended to establish uniformity throughout the federal court system. However, navigating the code can be daunting. The guidelines apply to all felonies and certain serious misdemeanors. The guidelines were originally intended as mandatory. In 2005, the US Supreme Court held in United States v. Booker, that the code violated the Sixth Amendment Right to Jury Trial and Congress was forced to remove the illegal provisions. Today, the guidelines are treated as advisory. The Supreme Court’s decision did not affect state court sentencing guidelines. Federal judges must now calculate a guidelines sentence and consider it but are not bound but its recommendation.
FEDERAL DRUG TRAFFICKING PENALTIES
MARIJUANA
1,000 KILOS or more MARIJUANA mixture or 1,000 or more marijuana plants:
First Offense: Not less than 10 yrs. or more than life. If death or serious bodily injury, not less than 20 yrs., or more than life. Fine not more than $10 million if an individual, $50 million if other than an individual.
Second Offense: Not less than 20 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $20 million if an individual, $75 million if other than an individual.
100 to 999 KILOS MARIJUANA mixture or 100 to 999 marijuana plants.
First Offense: Not less than 5 yrs. or more than 40 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine not more than $5 million if an individual, $25 million if other than an individual.
Second Offense: Not less than 10 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $8 million if an individual, $50million if other than an individual.
50 to 99 KILOS MARIJUANA
50 to 99 PLANTS
HASHISH more than 10 KILOS
HAHISH OIL more than 1 KILO
First Offense: Not more than 20 years. If death or serious bodily injury, not less than 20 years and not more than life. 1,000,000 fine.
Second Offense: Not more than 30 years. If death or serious bodily injury life imprisonment. 2,000,000 fine.
Less than 50 KILOS MARIJUANA
1 to 49 PLANTS
HASHISH 10 KILOS or less
HASHIH OIL 1 KILO or less
First Offense: Not more than 5 yrs. Fine not more than $250,000.
Second Offense: Not more than 10 yrs. Fine $500,000.
COCAINE
5 KILOS or more – 280 GRAMS or more BASE
First Offense: Not less than 10 years. Not more than life. If death or serious bodily injury, not less than 20 years, not more than life. 10,000,000 fine.
Second Offense: Not less than 20 years. Not more than life. If death or serious bodily injury, life imprisonment. Not more than 20,000,000 fine.
500 – 4999 GRAMS
First Offense: Not less than 5 years, not more than 40 years. If death or serious bodily injury, not less than 20 years, not more than life. $5,000,000
