Frequent Asked Questions
Questions answered by Bob Storey
| Question: I have a career offender who was charged with 841 as cocaine base but was never superceded to crack. What is the statutory maximium for less than 50 grams of powder and where does it appear? This may effect my career offender base offense level. |
| Answer: The statutory maximum would be 20 years. Cocaine is a schedule II controlled substance and the maximum punishment is found in Title 21 USC 841 (b)(1)(C) which states "In the case of a controlled substance in schedule I or II , or 1 gram of flunitrazepam, except as provided in subparagraphs (A), (B), and (D), such person shall be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of Title 18, or $1,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both" |
| Question: What is the longest period of time to release to a half way house (CCC) from a sentence with the BOP? |
| Answer: Generally, the BOP will not place a releasing inmate in a CCC for more than 6 months. It is my experience that 3-4 months prerelease to a CCC is standard. Technically the BOP can place an inmate in a CCC for a period longer than 6 months since a CCC meets the criteria of a "penal or correctional facility". See 18 USC 3621(b) and 18 USC 3624 (b). |
Question: Do prior drug sales and/or crimes of violence always qualify as predicate priors for Career Offender?
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| Answer: Not always. First, they have to score in criminal history to be used as predicate priors. Also, make sure the sales convictions are not transport or some other type of lessor drug conviction. The definition of a crimes of violence can be tricky. Some burglaries are "crimes of violence" while others are not. Yet unlawful possession of a firearm, unless it was a firearm listed in 26U.S.C., is not a "crime of violence". |
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