Federal Sentencing Guidelines/Minimums

[B. Self Reliant]

I've searched quite a bit and can't find an answer to this. Maybe someone here has some basic legal knowledge and can lead me in the right direction.

From what I understand, the Federal Gov't has guidelines for certain crimes, and worse yet, minimum sentences for other charges. For example, if a firearms is found at a grow house (I don't grow a whole house and I certainly don't have any firearms at my place - it's just an example!), then a minimum sentence comes into play because a firearm was involved in the "crime." From what I understand, the firearms charge alone can be anywhere from 5-10 years.

My question is this: What if a city/county/state agency busts through your door & charges you with a crime? Do the federal minimums/guidelines still apply, or do they only apply when a Federal agency busts and charges you?

Also, beside firearms-related offenses, what other criteria can really bring the heat down? I don't have children, let alone any children living in my place, so child-related criteria wouldn't apply. It's scary to think that certain criteria can completely change how they charge or sentence you, and I'm wondering what else I should know about.

Any help is much appreciated!

-B.

 

[jescowhite]

www.ussc.gov/guidelin.htm

Lots of reading, pretty interesting stuff. The feds don't have to initiate a bust for them to pick up a case from your local leo. Having a lot of seize-able assets, cash, homes (mostly paid off etc), expensive cars, boats, planes makes the feds interested.

Besides guns, criminal history, and whether or not you had a leadership role in committing a crime can all add points to your sentencing guideline. If you a non-violent first offender you can qualify for the safety-valve which knocks points off.

download some of those pdf's, federal sentencing is interesting. In the drug section it's as if every substance weight is broken down into their percieved equivalant marijuana weight. 1lb of hash oil = 200lbs of weed on their scale.

 

[B. Self Reliant]

Great link! I'm downloading it right now so I can take some time and read through it. There's a lot of info in there, but I like to make informed decisions whenever possible, so it's worth the time.

So my fleet of gold-plated airplanes will be held against me? Bummer! haha

 

[biteme]

the feds use a grid or chart of sorts to determine what one's sentence will be. the crime committed is worth so many points, points are given for the magnitude of the offence however measured, past criminal history is worth so many points and on and on until a total number is reached. look at the grid to find your number and that will show you how many hundreds of months you will have to serve in a fed slam.

purportedly, the sentencing reform act of 1986 came up with this chart so that all peeps committing similar crimes would be treated equally by the courts?

peace-biteme

 

[goody420]

Depends on the amount of drugs, if you get caught with lets say... 8 plants and a firearm, feds wont do shit, but if you get caught with 150 plants, and a firearm, they will get you.

 

[goody420]

And the feds dont have to bust you, if the city/county busts you, the DA will send your case to the feds and they will decide if they want to pick up the case, feds dont usually pick up anything under 100 plants, firearm or no firearm... unless you are a repeat offender.

 

[Lazyman]

The shitty part is they can consider the whole plant the "carrier" for the drug, like acid blotter paper. Nice to find places that sentence by dried smokable bud weight, but I think overall THC content should be the only measure. What if you have 5 pounds of shit weed with 3%, you get in more trouble than 1 pound of dank with 18% THC.

 

[quest]

Sentencing Guidelines

Sentencing Guidelines

second post in this thread has guidelines

 

[JimBeamKush]

thanks

 

[quest]

Bump

 

[B. Self Reliant]

The link in the second post has great info. You have to cross reference within the document, but the info is there if you take some time.

I didn't know anything about the point system until reading it. Kind of makes me feel stupid that I didn't, considering how important it could potentially be. I'm surprised it's not mentioned in any of the grow books, DVD's, forums, etc. It's pretty easy to get a high point value if you ever got caught with hash or hash oil. Crazy stuff. I haven't gone through it all yet, but I'm looking forward to going into it in greater detail. There are definitely certain things that should be avoided if at all possible.

 

[jescowhite]

I'll bump this, always good to know where you stand in case anything every happens

www.ussc.gov/guidelin.htm

 

[thatgreenstuff]

I always seem to hear Feds only care about 100 or more. I really hope that is true, but I still worry even though im not even remotely close to that. Is there a list to see all of the last few years of federal sentencing for cultivation?

 

[jescowhite]

It really matters on your state, and like I mentioned above seizable assets can get them interested for a lot less than 100 plants.

Most federal sentencing ends up being sealed because of all the personal information contained in the case (socials, bank accounts, addresses, where you were born,parents names, all sorts of stuff ends in PSI reports). if the information were public you'd have access to enough info to commit identity fraud with ease.

 

[jescowhite]

What if you have 5 pounds of shit weed with 3%, you get in more trouble than 1 pound of dank with 18% THC.

5lbs of shit weed is worse than getting caught with 1lb of dank. And if you ever got caught with a bunch of cash, you would want them to believe that money was related to the dank. In the fed guidelines they convert the cash into weed, so you want them to divide by a greater wholesale value, like 3500$ a lb, instead of 500$ a lb, because it means less lbs, your going to be charged with in a PSI report.

 

[Marshall]

I can guarantee one thing. You have no idea what will happen.

Feds can pick up what they want, if they are involved or not. DEA was called in to help serve warrants and search a few properties. Far more than 100 plants and they never picked up the case.

 

[!!!]

Feds usually won't bother with small timers unless they're proving a point or have some other specific reason, but like Marshall says you don't know what'll happen. I know a dude who was raided by the feds after receiving 2 E pills in the mail. Happened because there was a string of deaths related to tainted E pills in the area and the state/county needed the feds help to determine where the pills were coming from (out of state and possibly out of country.) The guy was let off, no charges filed but a lot of his property was taken and he's 6 figures in debt due to legal fees. He can appeal and fight to get his stuff (boat, car) back but who has money for that? No record though.

Also remember that federal charges are likely if you're transporting across state lines. Just something to keep in mind.