§ 2D1.5.
Continuing Criminal Enterprise; Attempt or Conspiracy
(a) Base Offense Level (Apply the greater):
(1) 4 plus the offense level from §2D1.1 applicable to the underlying offense; or
(2) 38.
Historical note
Effective November 1, 1987. Amended effective October 15, 1988 (amendment 66); November 1, 1989 (amendment 139); November 1, 1992 (amendment 447); November 1, 2024 (amendment 831); November 1, 2025 (amendment 836); November 1, 2026 (amendment 840).
Commentary
Statutory provisions
Statutory Provision: 21 U.S.C. § 848.
Application Notes:
1. Inapplicability of Chapter Three Adjustment.—Do not apply any adjustment from Chapter Three, Part B (Role in the Offense).
2. “Continuing Series of Violations”.—Under 21 U.S.C. § 848, certain conduct for which the defendant has previously been sentenced may be charged as part of the instant offense to establish a “continuing series of violations.” A sentence resulting from a conviction sustained prior to the last overt act of the instant offense is to be considered a prior sentence under §4A1.2(a)(1) and not part of the instant offense.
Background
Background: Because a conviction under 21 U.S.C. § 848 establishes that a defendant controlled and exercised authority over one of the most serious types of ongoing criminal activity, this guideline provides a minimum base offense level of 38. An adjustment from Chapter Three, Part B is not authorized because the offense level of this guideline already reflects an adjustment for role in the offense.
Section 848 of title 21, United States Code, provides a 20-year minimum mandatory penalty for the first conviction, a 30-year minimum mandatory penalty for a second conviction, and a mandatory life sentence for principal administrators of extremely large enterprises. If the application of the guidelines results in a sentence below the minimum sentence required by statute, the statutory minimum shall be the guideline sentence. See §5G1.1(b).