Unanimity Required: Statutory Maximum Penalty Increased (Controlled Substances: 21 U.S.C. 841) refers to the requirement that all jurors in a criminal case must unanimously agree to increase the statutory maximum penalty for a violation of 21 U.S.C. 841, which is related to the illegal distribution, manufacture, or possession of certain controlled substances. This requirement applies to all types of criminal cases involving controlled substances, including drug possession, drug trafficking, and other drug-related offenses. Unanimity is required in order for the court to impose the statutory maximum penalty, which is usually the harshest penalty available under the law. In some cases, this penalty can include a lengthy prison sentence and substantial fines.
UNANIMITY REQUIRED: STATUTORY MAXIMUM PENALTY INCREASED (CONTROLLED SUBSTANCES: 21 U.S.C. ' 841)
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Not less than 10 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $20 moillion if an individual, $75 million if other than an individual.
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
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.
Defendants with two or more prior felony drug convictions face a mandatory term of life imprisonment without release and fines based on their preceding sentence. Defendants convicted under 21 U.S.C. § 846, those who attempt to commit any of the § 841 offenses, face the same penalties as those convicted under § 841.
If any person commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final, such person shall be sentenced to a term of imprisonment of not less than 15 years and not more than life imprisonment and if death or serious bodily injury results from the use of such
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
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
§ 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.