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n 4 G of Methamphetamine (actual), or at least 3 G but less than 4 G of "Ice"; M At least 30 G but less than 40 G of Amphetamine, or at least 3 G but less than 4 G of Amphetamine (actual); M At least 600 MG but less than 800 MG of LSD (or the equivalent amount of other Schedule I or II Hallucinogens); M At least 24 G but less than 32 G of Fentanyl; M At least 6 G but less than 8 G of a Fentanyl Analogue; M At least 60 KG but less than 80 KG of Marihuana; M At least 12 KG but less than 16 KG of Hashish; M At least 1.2 KG but less than 1.6 KG of Hashish Oil; M At least 60,000 but less than 80,000 units of Schedule I or II Depressants; M At least 3,750 but less than 5,000 units of Flunitrazepam. Level 22 (10) M At least 40 G but less than 60 G of Heroin (or the equivalent amount of other Schedule I or II Opiates); M At least 200 G but less than 300 G of Cocaine (or the equivalent amount of other Schedule I or II Stimulants); M At least 2 G but less than 3 G of Cocaine Base; M At least 40 G but less than 60 G of PCP, or at least 4 G but less than 6 G of PCP (actual); M At least 20 G but less than 30 G of Methamphetamine, or at least 2 G but less Level 20 §2D1.1 GUIDELINES MANUAL November 1, 2005 – 138 – than 3 G of Methamphetamine (actual), or at least 2 G but less than 3 G of "Ice"; M At least 20 G but less than 30 G of Amphetamine, or at least 2 G but less than 3 G of Amphetamine (actual); M At least 400 MG but less than 600 MG of LSD (or the equivalent amount of other Schedule I or II Hallucinogens); M At least 16 G but less than 24 G of Fentanyl; M At least 4 G but less than 6 G of a Fentanyl Analogue; M At least 40 KG but less than 60 KG of Marihuana; M At least 8 KG but less than 12 KG of Hashish; M At least 800 G but less than 1.2 KG of Hashish Oil; M At least 40,000 but less than 60,000 units of Schedule I or II Depressants; M 40,000 or more units of Schedule III substances; M At least 2,500 but less than 3,750 units of Flunitrazepam. (11) M At least 20 G but less than 40 G of Heroin (or the equivalent amount of other Schedule I or II Opiates); M At least 100 G but less than 200 G of Cocaine (or the equivalent amount of other Schedule I or II Stimulants); M At least 1 G but less than 2 G of Cocaine Base; M At least 20 G but less than 40 G of PCP, or at least 2 G but less than 4 G of PCP (actual); M At least 10 G but less than 20 G of Methamphetamine, or at least 1 G but less than 2 G of Methamphetamine (actual), or at least 1 G but less than 2 G of "Ice"; M At least 10 G but less than 20 G of Amphetamine, or at least 1 G but less than 2 G of Amphetamine (actual); M At least 200 MG but less than 400 MG of LSD (or the equivalent amount of other Schedule I or II Hallucinogens); M At least 8 G but less than 16 G of Fentanyl; M At least 2 G but less than 4 G of a Fentanyl Analogue; M At least 20 KG but less than 40 KG of Marihuana; M At least 5 KG but less than 8 KG of Hashish; M At least 500 G but less than 800 G of Hashish Oil; M At least 20,000 but less than 40,000 units of Schedule I or II Depressants; M At least 20,000 but less than 40,000 units of Schedule III substances; M At least 1,250 but less than 2,500 units of Flunitrazepam. Level 18 (12) M At least 10 G but less than 20 G of Heroin (or the equivalent amount of other Schedule I or II Opiates); M At least 50 G but less than 100 G of Cocaine (or the equivalent amount of other Schedule I or II Stimulants); M At least 500 MG but less than 1 G of Cocaine Base; M At least 10 G but less than 20 G of PCP, or at least 1 G but less than 2 G of PCP (actual); M At least 5 G but less than 10 G of Methamphetamine, or at least 500 MG but less than 1 G of Methamphetamine (actual), or at least 500 MG but less than 1 G of "Ice"; M At least 5 G but less than 10 G of Amphetamine, or at least 500 MG but less than 1 G of Amphetamine (actual); Level 16 November 1, 2005 GUIDELINES MANUAL §2D1.1 – 139 – M At least 100 MG but less than 200 MG of LSD (or the equivalent amount of other Schedule I or II Hallucinogens); M At least 4 G but less than 8 G of Fentanyl; M At least 1 G but less than 2 G of a Fentanyl Analogue; M At least 10 KG but less than 20 KG of Marihuana; M At least 2 KG but less than 5 KG of Hashish; M At least 200 G but less than 500 G of Hashish Oil; M At least 10,000 but less than 20,000 units of Schedule I or II Depressants; M At least 10,000 but less than 20,000 units of Schedule III substances; M At least 625 but less than 1,250 units of Flunitrazepam. (13) M At least 5 G but less than 10 G of Heroin (or the equivalent amount of other Schedule I or II Opiates); M At least 25 G but less than 50 G of Cocaine (or the equivalent amount of other Schedule I or II Stimulants); M At least 250 MG but less than 500 MG of Cocaine Base; M At least 5 G but less than 10 G of PCP, or at least 500 MG but less than 1 G of PCP (actual); M At least 2.5 G but less than 5 G of Methamphetamine, or at least 250 MG but less than 500 MG of Methamphetamine (actual), or at least 250 MG but less than 500 MG of "Ice"; M At least 2.5 G but less than 5 G of Amphetamine, or at least 250 MG but less than 500 MG of Amphetamine (actual); M At least 50 MG but less than 100 MG of LSD (or the equivalent amount of other Schedule I or II Hallucinogens); M At least 2 G but less than 4 G of Fentanyl; M At least 500 MG but less than 1 G of a Fentanyl Analogue; M At least 5 KG but less than 10 KG of Marihuana; M At least 1 KG but less than 2 KG of Hashish; M At least 100 G but less than 200 G of Hashish Oil; M At least 5,000 but less than 10,000 units of Schedule I or II Depressants; M At least 5,000 but less than 10,000 units of Schedule III substances; M At least 312 but less than 625 units of Flunitrazepam. Level 14 (14) M Less than 5 G of Heroin (or the equivalent amount of other Schedule I or II Opiates); M Less than 25 G of Cocaine (or the equivalent amount of other Schedule I or II Stimulants); M Less than 250 MG of Cocaine Base; M Less than 5 G of PCP, or less than 500 MG of PCP (actual); M Less than 2.5 G of Methamphetamine, or less than 250 MG of Methamphetamine (actual), or less than 250 MG of "Ice"; M Less than 2.5 G of Amphetamine, or less than 250 MG of Amphetamine (actual); M Less than 50 MG of LSD (or the equivalent amount of other Schedule I or II Hallucinogens); M Less than 2 G of Fentanyl; M Less than 500 MG of a Fentanyl Analogue; M At least 2.5 KG but less than 5 KG of Marihuana; M At least 500 G but less than 1 KG of Hashish; M At least 50 G but less than 100 G of Hashish Oil; M At least 2,500 but less than 5,000 units of Schedule I or II Depressants; Level 12 §2D1.1 GUIDELINES MANUAL November 1, 2005 – 140 – M At least 2,500 but less than 5,000 units of Schedule III substances; M At least 156 but less than 312 units of Flunitrazepam; M 40,000 or more units of Schedule IV substances (except Flunitrazepam). (15) M At least 1 KG but less than 2.5 KG of Marihuana; M At least 200 G but less than 500 G of Hashish; M At least 20 G but less than 50 G of Hashish Oil; M At least 1,000 but less than 2,500 units of Schedule I or II Depressants; M At least 1,000 but less than 2,500 units of Schedule III substances; M At least 62 but less than 156 units of Flunitrazepam; M At least 16,000 but less than 40,000 units of Schedule IV substances (except Flunitrazepam). Level 10 (16) M At least 250 G but less than 1 KG of Marihuana; M At least 50 G but less than 200 G of Hashish; M At least 5 G but less than 20 G of Hashish Oil; M At least 250 but less than 1,000 units of Schedule I or II Depressants; M At least 250 but less than 1,000 units of Schedule III substances; M Less than 62 units of Flunitrazepam; M At least 4,000 but less than 16,000 units of Schedule IV substances (except Flunitrazepam); M 40,000 or more units of Schedule V substances. Level 8 (17) M Less than 250 G of Marihuana; M Less than 50 G of Hashish; M Less than 5 G of Hashish Oil; M Less than 250 units of Schedule I or II Depressants; M Less than 250 units of Schedule III substances; M Less than 4,000 units of Schedule IV substances (except Flunitrazepam); M Less than 40,000 units of Schedule V substances. Level 6 *Notes to Drug Quantity Table: (A) Unless otherwise specified, the weight of a controlled substance set forth in the table refers to the entire weight of any mixture or substance containing a detectable amount of the controlled substance. If a mixture or substance contains more than one controlled substance, the weight of the entire mixture or substance is assigned to the controlled substance that results in the greater offense level. (B) The terms "PCP (actual)", "Amphetamine (actual)", and "Methamphetamine (actual)" refer to the weight of the controlled substance, itself, contained in the mixture or substance. For example, a mixture weighing 10 grams containing PCP at 50% purity contains 5 grams of PCP (actual). In the case of a mixture or substance containing PCP, amphetamine, or methamphetamine, use the offense level determined by the entire weight of the mixture or substance, or the offense level determined by the weight of the PCP (actual), amphetamine (actual), or methamphetamine (actual), whichever is greater. The term "Oxycodone (actual)" refers to the weight of the controlled substance, itself, contained in the pill, capsule, or mixture. November 1, 2005 GUIDELINES MANUAL §2D1.1 – 141 – (C) "Ice," for the purposes of this guideline, means a mixture or substance containing d-methamphetamine hydrochloride of at least 80% purity. (D) "Cocaine base," for the purposes of this guideline, means "crack." "Crack" is the street name for a form of cocaine base, usually prepared by processing cocaine hydrochloride and sodium bicarbonate, and usually appearing in a lumpy, rocklike form. (E) In the case of an offense involving marihuana plants, treat each plant, regardless of sex, as equivalent to 100 G of marihuana. Provided, however, that if the actual weight of the marihuana is greater, use the actual weight of the marihuana. (F) In the case of Schedule I or II Depressants (except gamma-hydroxybutyric acid), Schedule III substances (except anabolic steroids), Schedule IV substances, and Schedule V substances, one "unit" means one pill, capsule, or tablet. If the substance (except gamma-hydroxybutyric acid) is in liquid form, one "unit" means 0.5 ml. (G) In the case of anabolic steroids, one "unit" means a 10 cc vial of an injectable steroid or fifty tablets. All vials of injectable steroids are to be converted on the basis of their volume to the equivalent number of 10 cc vials (e.g., one 50 cc vial is to be counted as five 10 cc vials). (H) In the case of LSD on a carrier medium (e.g., a sheet of blotter paper), do not use the weight of the LSD/carrier medium. Instead, treat each dose of LSD on the carrier medium as equal to 0.4 mg of LSD for the purposes of the Drug Quantity Table. (I) Hashish, for the purposes of this guideline, means a resinous substance of cannabis that includes (i) one or more of the tetrahydrocannabinols (as listed in 21 C.F.R. § 1308.11(d)(25)), (ii) at least two of the following: cannabinol, cannabidiol, or cannabichromene, and (iii) fragments of plant material (such as cystolith fibers). (J) Hashish oil, for the purposes of this guideline, means a preparation of the soluble cannabinoids derived from cannabis that includes (i) one or more of the tetrahydrocannabinols (as listed in 21 C.F.R. § 1308.11(d)(25)), (ii) at least two of the following: cannabinol, cannabidiol, or cannabichromene, and (iii) is essentially free of plant material (e.g., plant fragments). Typically, hashish oil is a viscous, dark colored oil, but it can vary from a dry resin to a colorless liquid. Commentary Statutory Provisions: 21 U.S.C. §§ 841(a), (b)(1)-(3), (7), 960(a), (b); 49 U.S.C. § 46317(b). For additional statutory provision(s), see Appendix A (Statutory Index). Application Notes: 1. "Mixture or substance" as used in this guideline has the same meaning as in 21 U.S.C. § 841, except as expressly provided. Mixture or substance does not include materials that must be separated from the controlled substance before the controlled substance can be used. Examples of such materials include the fiberglass in a cocaine/fiberglass bonded suitcase, beeswax in a cocaine/beeswax statue, and waste water from an illicit laboratory used to manufacture a controlled substance. If such material cannot readily be separated from the mixture or substance that appropriately is counted in the Drug Quantity Table, the court may use any reasonable method to approximate the weight of the mixture or substance to be counted. §2D1.1 GUIDELINES MANUAL November 1, 2005 – 142 – An upward departure nonetheless may be warranted when the mixture or substance counted in the Drug Quantity Table is combined with other, non-countable material in an unusually sophisticated manner in order to avoid detection. Similarly, in the case of marihuana having a moisture content that renders the marihuana unsuitable for consumption without drying (this might occur, for example, with a bale of rain-soaked marihuana or freshly harvested marihuana that had not been dried), an approximation of the weight of the marihuana without such excess moisture content is to be used. 2. The statute and guideline also apply to "counterfeit" substances, which are defined in 21 U.S.C. § 802 to mean controlled substances that are falsely labeled so as to appear to have been legitimately manufactured or distributed. 3. Definitions of "firearm" and "dangerous weapon" are found in the Commentary to §1B1.1 (Application Instructions). The enhancement for weapon possession reflects the increased danger of violence when drug traffickers possess weapons. The adjustment should be applied if the weapon was present, unless it is clearly improbable that the weapon was connected with the offense. For example, the enhancement would not be applied if the defendant, arrested at his residence, had an unloaded hunting rifle in the closet. The enhancement also applies to offenses that are referenced to §2D1.1; see §§2D1.2(a)(1) and (2), 2D1.5(a)(1), 2D1.6, 2D1.7(b)(1), 2D1.8, 2D1.11(c)(1), 2D1.12(c)(1), and 2D2.1(b)(1). 4. Distribution of "a small amount of marihuana for no remuneration", 21 U.S.C. § 841(b)(4), is treated as simple possession, to which §2D2.1 applies. 5. Analogues and Controlled Substances Not Referenced in this Guideline.—Any reference to a particular controlled substance in these guidelines includes all salts, isomers, all salts of isomers, and, except as otherwise provided, any analogue of that controlled substance. Any reference to cocaine includes ecgonine and coca leaves, except extracts of coca leaves from which cocaine and ecgonine have been removed. For purposes of this guideline "analogue" has the meaning given the term "controlled substance analogue" in 21 U.S.C. § 802(32). In determining the appropriate sentence, the court also may consider whether the same quantity of analogue produces a greater effect on the central nervous system than the controlled substance for which it is an analogue. In the case of a controlled substance that is not specifically referenced in this guideline, determine the base offense level using the marihuana equivalency of the most closely related controlled substance referenced in this guideline. In determining the most closely related controlled substance, the court shall, to the extent practicable, consider the following: (A) Whether the controlled substance not referenced in this guideline has a chemical structure that is substantially similar to a controlled substance referenced in this guideline. (B) Whether the controlled substance not referenced in this guideline has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance referenced in this guideline. (C) Whether a lesser or greater quantity of the controlled substance not referenced in this guideline is needed to produce a substantially similar effect on the central nervous system as a controlled substance referenced in this guideline. November 1, 2005 GUIDELINES MANUAL §2D1.1 – 143 – 6. Where there are multiple transactions or multiple drug types, the quantities of drugs are to be added. Tables for making the necessary conversions are provided below. 7. Where a mandatory (statutory) minimum sentence applies, this mandatory minimum sentence may be "waived" and a lower sentence imposed (including a downward departure), as provided in 28 U.S.C. § 994(n), by reason of a defendant’s "substantial assistance in the investigation or prosecution of another person who has committed an offense." See §5K1.1 (Substantial Assistance to Authorities). In addition, 18 U.S.C. § 3553(f) provides an exception to the applicability of mandatory minimum sentences in certain cases. See §5C1.2 (Limitation on Applicability of Statutory Minimum Sentences in Certain Cases). 8. A defendant who used special skills in the commission of the offense

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