Chicago’s Best Drug Defense Pros at Alliant Law Can Help!
Drug trafficking offenses and charges of possession of drugs with intent to distribute are found in Title 21 of the United States Code. Most drug trafficking statutes for federal prosecution are in Title 18 U.S. Code §841, and conspiracy to commit one of these drug offenses is listed in Title 18 U.S. Code §846. Another federal statute used in federal drug prosecutions is using a communication device to facilitate or further a drug trafficking offense, commonly known as a “telephone count.” This communication device offense is located within Title 18, U.S. Code §843.
Other Charges Often Used in Federal Drug Trafficking Cases:
Gun Charges
Weapons charges are very commonly used in drug case Indictments in federal court, usually resulting in additional counts in the Indictment. One such gun charge is based upon handguns, rifles or shotguns that are used or carried during the course of a drug trafficking case. See Title 18 U.S. Code §924(c). This statute allows federal prosecutors to indict on additional charges (thus, potentially making the sentence even more severe) even if the gun is not brandished or pointed at a person. The “924(c)” charge only requires proof that the defendant used or carried the weapon during the drug trafficking felony, which may be based upon having a handgun, shotgun or rifle in the vicinity of the activities.
Money Laundering
Money laundering is basically defined as making a transaction with proceeds of a criminal activity when knowing that these proceeds “derive” or originate from, a criminal activity. Classic money laundering was/is accomplished in order to try to conceal the fact that the monies produced were the result of criminal offenses. Thus, money laundering charges are quite common for federal drug trafficking cases, as often the large quantities of controlled substances yield substantial profits from sales, which are invested in real estate or businesses, or are attempted to be hidden in certain bank accounts. The “traditional” money laundering statute found in the federal criminal code is located at 18 U.S. Code §1956.Actually, pursuant to 18 U.S. Code §1957, just conducting some kind of transaction, where a purchase or simply a transfer into another account, with proceeds known to be from criminal activity, can be prosecuted as money laundering in federal court.
Sentencing
Unlike State court cases, sentencing in federal cases is more of a formal process that requires the judge to pass sentence. There is no traditional plea-bargaining that exists in State court, i.e., no negotiations for probation or the minimum time to serve. Instead, there is a “point system” based upon the quantity of illegal drugs for which the defendant is responsible, as well as other enhancements that add points.
These other enhancements commonly are:
1) use of or carrying a weapon, and
2) organizer/leader/manager of a group of persons.
These sentencing guidelines and the recommendations are found in the U.S. Sentencing Guidelines Manual. The points are determined by the court and points are deducted for pleading guilty and accepting responsibility. The net offense level is determined and the grid for recommended imprisonment is found at the Sentencing Table, which has ranges in imprisonment listed in months, such as 87 – 108 months incarceration.
To seek representation by an experienced federal defense attorney, contact the Chicago law office of the Alliant Law Group LLC by calling (708) 366-9900. Consultations are free and confidential.