2005 Federal Sentencing Guidelines
Chapter 2 - PART D - OFFENSES INVOLVING
§2D1.2. Drug Offenses Occurring Near Protected Locations or Involving
Underage or Pregnant Individuals; Attempt or Conspiracy
(a)Base Offense Level (Apply the greatest):
(1) 2 plus the offense level from §2D1.1
applicable to the quantity of controlled substances directly involving a
protected location or an underage or pregnant individual; or
(2) 1 plus the offense level from §2D1.1
applicable to the total quantity of controlled substances involved in the
(3) 26, if the offense involved a
person less than eighteen years of age; or
(4) 13, otherwise.
Statutory Provisions: 21
U.S.C. §§ 859 (formerly 21 U.S.C. §
845), 860 (formerly 21 U.S.C. § 845a), 861 (formerly 21 U.S.C. §
1. This guideline applies only in a case in which the defendant is convicted
of a statutory violation of drug trafficking in a protected location or involving
an underage or pregnant individual (including an attempt or conspiracy to commit
such a violation) or in a case in which the defendant stipulated to such a
statutory violation. See §1B1.2(a).
In a case involving such a conviction but in which only part of the relevant
offense conduct directly involved a protected location or an underage or pregnant
individual, subsections (a)(1) and (a)(2) may result in different offense levels.
For example, if the defendant, as part of the same course of conduct or common
scheme or plan, sold 5 grams of heroin near a protected location and 10 grams
of heroin elsewhere, the offense level from subsection (a)(1) would be level
16 (2 plus the offense level for the sale of 5 grams of heroin, the amount
sold near the protected location); the offense level from subsection (a)(2)
would be level 17 (1 plus the offense level for the sale of 15 grams of heroin,
the total amount of heroin involved in the offense).
Background: This section
implements the direction to the Commission in Section 6454 of the Anti-Drug
Abuse Act of 1988.
Historical Note: Effective
November 1, 1987. Amended effective January 15, 1988 (see Appendix
C, amendment 22); November 1, 1989 (see Appendix
C, amendment 135); November 1, 1990 (see Appendix
C, amendment 319); November 1, 1991 (see Appendix
C, amendment 421); November 1, 1992 (see Appendix
C, amendment 447); November 1, 2000 (see Appendix
C, amendment 591).