All Agencies, Latest Month All Agencies, Current FY Geographic Distribution
of Convictions for
All Agencies, FY 2014
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10 Prosecutions
in Fiscal Year 2014
3 Convictions
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16 Convictions
in Fiscal Year 2014

CITE

    21 USC Sec. 848                                             01/05/2009

EXPCITE

    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties

HEAD

    Sec. 848. Continuing criminal enterprise

STATUTE

    (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 imprisonment, 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, and to the forfeiture prescribed in section 853 of this
    title; except that if any person 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 imprisonment,
    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
    defendant is an individual or $10,000,000 if the defendant 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)
    of this section, if -
        (1) such person is the principal administrator, organizer, or
      leader of the enterprise or is one of several such principal
      administrators, organizers, or leaders; and
        (2)(A) the violation referred to in subsection (c)(1) of this
      section 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, organizers, or leaders, received $10 million
      dollars in gross receipts during any twelve-month period of its
      existence for the manufacture, importation, or distribution of a
      substance described in section 841(b)(1)(B) of this title.
    (c) "Continuing criminal enterprise" defined
      For purposes of subsection (a) of this section, a person is
    engaged in a continuing criminal enterprise if -
        (1) he violates any provision of this subchapter or subchapter
      II of this chapter the punishment for which is a felony, and
        (2) such violation is a part of a continuing series of
      violations of this subchapter or subchapter II of this chapter -
          (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 substantial income or
        resources.
    (d) Suspension of sentence and probation prohibited
      In the case of any sentence imposed under this section,
    imposition or execution of such sentence 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 enterprise, or any person engaging in an
      offense punishable under section 841(b)(1)(A) of this title or
      section 960(b)(1) of this title who intentionally kills or
      counsels, commands, induces, procures, or causes the intentional
      killing of an individual 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 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 prison sentence for, a felony violation of this subchapter or
      subchapter II of this chapter who intentionally kills or
      counsels, commands, induces, procures, or causes the intentional
      killing of any Federal, State, or local law enforcement officer
      engaged in, or on account of, the performance 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 imprisonment, or may be sentenced to
      death.
      (2) As used in paragraph (1)(B), the term "law enforcement
    officer" means a public servant authorized by law or by a
    Government agency or Congress to conduct or engage in the
    prevention, investigation, prosecution or adjudication of an
    offense, and includes those engaged in corrections, probation, or
    parole functions.
    (g) (!1) to (p) Repealed. Pub. L. 109-177, title II, Sec. 221(2),
      Mar. 9, 2006, 120 Stat. 231
    (q) Repealed. Pub. L. 109-177, title II, Secs. 221(4), 222(c), Mar.
      9, 2006, 120 Stat. 231, 232
    (r) Repealed. Pub. L. 109-177, title II, Sec. 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".

SOURCE

    (Pub. L. 91-513, title II, Sec. 408, Oct. 27, 1970, 84 Stat. 1265;
    Pub. L. 98-473, title II, Secs. 224(b), formerly Sec. 224(c), 305,
    Oct. 12, 1984, 98 Stat. 2030, 2050; Pub. L. 99-570, title I, Secs.
    1005(b)(2), 1252, 1253, Oct. 27, 1986, 100 Stat. 3207-6, 3207-14;
    Pub. L. 100-690, title VI, Sec. 6481, title VII, Sec. 7001, Nov.
    18, 1988, 102 Stat. 4382, 4387; Pub. L. 103-322, title XXXIII,
    Secs. 330003(e), 330009(d), 330014, Sept. 13, 1994, 108 Stat. 2141,
    2143, 2146; Pub. L. 104-132, title I, Sec. 108, title IX, Sec.
    903(b), Apr. 24, 1996, 110 Stat. 1226, 1318; Pub. L. 109-177, title
    II, Secs. 221, 222(c), title VII, Sec. 733, Mar. 9, 2006, 120 Stat.
    231, 232, 270.)

REFERENCES IN TEXT

      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, as
    amended, which is not classified to the Code.

AMENDMENTS

      2006 - Subsec. (e)(2). Pub. L. 109-177, Sec. 221(1), substituted
    "(1)(B)" for "(1)(b)".
      Subsecs. (g) to (p). Pub. L. 109-177, Sec. 221(2), struck out
    subsecs. (g) to (p) which related to hearing and sentencing
    procedures in death penalty cases and sentencing in capital cases
    in which the death penalty is not sought or imposed.
      Subsec. (q). Pub. L. 109-177, Secs. 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, Sec. 221(3), struck out subsec. (r)
    which provided for refusal by State and Federal correctional
    employees to participate in executions.
      Subsec. (s). Pub. L. 109-177, Sec. 733, added subsec. (s).
      1996 - Subsec. (q)(9). Pub. L. 104-132, Sec. 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 attorneys to
    obtain such services on behalf of the defendant and shall order the
    payment of fees and expenses therefore, under paragraph (10). Upon
    a finding that timely procurement of such services could not
    practicably await prior authorization, the court may authorize the
    provision of and payment for such services nunc pro tunc."
      Subsec. (q)(10). Pub. L. 104-132, Sec. 903(b), amended par. (10)
    generally. Prior to amendment, par. (10) read as follows:
    "Notwithstanding the rates and maximum limits 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, Sec. 330003(e),
    substituted "subsection (c)(1) of this section" for "subsection
    (d)(1) of this section".
      Subsec. (n)(11). Pub. L. 103-322, Sec. 330014, made technical
    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, Sec. 330009(d), substituted
    "applications for writ" for "applications, for writ".
      1988 - Subsec. (a). Pub. L. 100-690, Sec. 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, Sec. 6481(b), redesignated
    subsecs. (d) and (e) as (c) and (d), respectively.
      Subsec. (e). Pub. L. 100-690, Sec. 7001(a)(2), added subsec. (e).
    Former subsec. (e) redesignated (d).
      Pub. L. 100-690, Sec. 7001(a)(1), which directed redesignation 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, Sec.
    6481(b), which resulted in there not being a subsec. (f).
      Subsecs. (g) to (r). Pub. L. 100-690, Sec. 7001(b), added
    subsecs. (g) to (r).
      1986 - Subsec. (a). Pub. L. 99-570, Sec. 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 exceed the greater of twice the amount authorized in
    accordance with the provisions of title 18 or $4,000,000 if the
    defendant is an individual or $10,000,000 if the defendant is other
    than an individual," for "to a fine of not more than $200,000,".
      Subsecs. (b) to (e). Pub. L. 99-570, Sec. 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, Sec. 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, Sec. 305(b), struck out subsec. (d)
    relating to jurisdiction of courts of the United States.
      Subsec. (e). Pub. L. 98-473, Sec. 224(b), as renumbered by Pub.
    L. 99-570, Sec. 1005(b)(2), which directed the amendment 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 intervening amendment by Pub. L. 99-570, Sec. 1253, which
    redesignated subsec. (c) as (e). See 1986 Amendment note above.
                     EFFECTIVE DATE OF 1996 AMENDMENT
      Amendment by section 903(b) of Pub. L. 104-132 effective 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 effective Nov. 1,
    1987, and applicable only to offenses committed after the taking
    effect of such amendment, see section 235(a)(1) of Pub. L. 98-473,
    set out as an Effective Date note under section 3551 of Title 18,
    Crimes and Criminal Procedure.
                      GAO STUDY OF COST OF EXECUTIONS
      Section 7002 of title VII of Pub. L. 100-690, 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,
    Sec. 1091(d), Dec. 21, 1995, 109 Stat. 722.

FOOTNOTE

    (!1) So in original. Section does not contain a subsec. (f), see
         1988 Amendment note below.
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