Maine 4.21.846 Conspiracy, 21 U.S.C. Sec. 846

State:
Maine
Control #:
ME-FEDDC-JURY-4-21-846
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Word
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Official Pattern Jury Instructions for Criminal Cases in Federal District Court of Maine. All converted to Word format. Please see the official site for addional information. http://www.med.uscourts.gov/pattern-jury-instructions

Maine 4.21.846 Conspiracy, 21 U.S.C. Sec. 846, is a federal law that makes it a crime for two or more people to agree to violate any of the laws of the United States. It is commonly referred to as the drug conspiracy statute because it is often used to prosecute people involved in drug trafficking. Under this law, it is illegal for two or more persons to agree to commit any federal crime, regardless of whether they actually commit the crime. It also prohibits the use of any facility of interstate or foreign commerce in furtherance of such an agreement. There are two main types of Maine 4.21.846 Conspiracy, 21 U.S.C. Sec. 846: a substantive drug conspiracy, which applies to all drug-related offenses, and a continuing criminal enterprise, which applies only to drug trafficking organizations. The penalties for violating Maine 4.21.846 Conspiracy, 21 U.S.C. Sec. 846, can be severe, including lengthy prison sentences and substantial fines.

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Such person shall be sentenced to a term of imprisonment which may not be less than 10 years or more than life 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 the

21 U.S.C. Section 952 makes it a federal felony to import controlled substances from any place outside of the United States. The maximum and minimum penalties for committing these crimes are set forth in 21 U.S.C.

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

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

It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by this subchapter

Section 404 of the CSA provides that it is ?unlawful for any person knowingly or intentionally to possess a controlled substance . . . .? 21 U.S.C. § 844(a).

Usually, a person accused in federal court of possessing or trafficking controlled substances is charged with violating 21 USC 841, which makes it a crime to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance.

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

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Maine 4.21.846 Conspiracy, 21 U.S.C. Sec. 846