U.S.S.G. § 2D1.13
Structuring Chemical Transactions or Creating a Chemical Mixture to Evade Reporting or Recordkeeping Requirements; Presenting False or Fraudulent Identification to Obtain a Listed Chemical; Attempt or Conspiracy
(a) Base Offense Level (Apply the greatest):
(1) The offense level from §2D1.11 (Unlawfully Distributing, Importing, Exporting, or Possessing a Listed Chemical) if the defendant knew or believed that the chemical was to be used to manufacture a controlled substance unlawfully; or
(2) The offense level from §2D1.11 (Unlawfully Distributing, Importing, Exporting or Possessing a Listed Chemical) reduced by 3 levels if the defendant had reason to believe that the chemical was to be used to manufacture a controlled substance unlawfully; or
(3) 6, otherwise.
Commentary
Statutory Provisions: 21 U.S.C. §§ 841(c)(3), (f)(1), 843(a)(4)(B), (a)(8).Application Note:
1. "The offense level from §2D1.11" includes the base offense level and any applicable specific offense characteristic or cross reference; see §1B1.5 (Interpretation of References to Other Offense Guidelines).Historical Note: Effective November 1, 1991 (amendment 371). Amended effective November 1, 1992 (amendment 447); November 1, 2002 (amendment 646).
Notes of Decisions
Cited in 1
case, 2003–2003 · leading case: United States v. Derden (5th Cir. 2003).
United States v. Derden (5th Cir. 2003). “13(c)(1) and its commentary require completion of “the intended offense [of] attempting to manufacture the methamphetamine with the anhydrous [ammonia] that [Derden] tried, but failed, to obtain.” This argument is without merit.”
— U.S.S.G. §2D1.13(c)(1) — 1 case
United States v. Derden (5th Cir. 2003). “13(c)(1) and its commentary require completion of “the intended offense [of] attempting to manufacture the methamphetamine with the anhydrous [ammonia] that [Derden] tried, but failed, to obtain.” This argument is without merit.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.