2005 Federal Sentencing Guidelines
CHAPTER FIVE - PART F - SENTENCING OPTIONS
§5F1.6. Denial of Federal Benefits
to Drug Traffickers and Possessors
The court, pursuant to 21 U.S.C. § 862, may deny the eligibility for
certain Federal benefits of any individual convicted of distribution or possession
of a controlled substance.
1. "Federal benefit" is defined in 21 U.S.C. § 862(d) to mean
"any grant, contract, loan, professional license, or commercial license provided
by an agency of the United States or by appropriated funds of the United States" but "does
not include any retirement, welfare, Social Security, health, disability, veterans
benefit, public housing, or other similar benefit, or any other benefit for
which payments or services are required for eligibility."
Background: Subsections (a)
and (b) of 21 U.S.C. § 862 provide that an individual convicted of a state
or federal drug trafficking or possession offense may be denied certain federal
benefits. Except for an individual convicted of a third or subsequent drug
distribution offense, the period of benefit ineligibility, within the applicable
maximum term set forth in 21 U.S.C. § 862(a)(1) (for distribution offenses)
and (b)(1)(for possession offenses), is at the discretion of the court. In
the case of an individual convicted of a third or subsequent drug distribution
offense, denial of benefits is mandatory and permanent under 21 U.S.C. § 862(a)(1)(C)
(unless suspended by the court under 21 U.S.C. § 862(c)).
Subsection (b)(2) of 21 U.S.C. § 862 provides that the period of benefit
ineligibility that may be imposed in the case of a drug possession offense "shall
be waived in the case of a person who, if there is a reasonable body of evidence
to substantiate such declaration, declares himself to be an addict and submits
himself to a long-term treatment program for addiction, or is deemed to be
rehabilitated pursuant to rules established by the Secretary of Health and
Subsection (c) of 21 U.S.C. § 862 provides that the period of benefit
ineligibility shall be suspended "if the individual (A) completes a supervised
drug rehabilitation program after becoming ineligible under this section; (B)
has otherwise been rehabilitated; or (C) has made a good faith effort to gain
admission to a supervised drug rehabilitation program, but is unable to do
so because of inaccessibility or unavailability of such a program, or the inability
of the individual to pay for such a program."
Subsection (e) of 21 U.S.C. § 862 provides that a period of benefit
ineligibility "shall not apply to any individual who cooperates or testifies
with the Government in the prosecution of a Federal or State offense or who
is in a Government witness protection program."
Historical Note: Effective
November 1, 1989 (see Appendix
C, amendment 305); November 1, 1992 (see Appendix
C, amendment 464).