21 U.S.C. § 858

Endangering human life while illegally manufacturing controlled substance

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Whoever, while manufacturing a controlled substance in violation of this subchapter, or attempting to do so, or transporting or causing to be transported materials, including chemicals, to do so, creates a substantial risk of harm to human life shall be fined in accordance with title 18 or imprisoned not more than 10 years, or both.

Notes of Decisions
Cited in 102 cases (1 in the last 5 years), 1988–2024 · leading case: United States v. Davis, 139 S. Ct. 2319 (2019).
United States v. Davis, 139 S. Ct. 2319 (2019). “" 21 U.S.C. § 858 (emphasis added). Under certain circumstances, it is a federal crime to create "a substantial risk of serious bodily injury to any other person by destroying or damaging any structure, conveyance, or other real or personal property within the United States or…”
United States v. Carl Jennings (95-3317) John Stepp (95-3318), 83 F.3d 145 (6th Cir. 1996). · cites it 5× “§ 841 (a)(1) (count two), and endangerment of human life *147 while manufacturing methamphetamine, in violation of 21 U.S.C. § 858 (count four). 1 Defendants raise six arguments on appeal: one concerns the District Court’s denial of defendants’ motions for substitution of…”
United States v. Evans, 318 F.3d 1011 (10th Cir. 2003). · cites it 5× “Evans challenges his conviction for creating a substantial risk of harm to human life while attempting to manufacture methamphetamine (a violation of 21 U.S.C. § 858 ) on two grounds. First he argues that the statute is unconstitutionally vague.”
United States v. Darrell Eversole, 487 F.3d 1024 (6th Cir. 2007). · cites it 4× “The Guidelines section that applies to counts four and five, which charged endangering human life while illegally manufacturing a controlled substance in violation of *1030 21 U.S.C. § 858 , is section 2D1.10, which states: (a) Base Offense Level (Apply the greater): (1) 3 pins…”
Richardson v. United States, 526 U.S. 813 (1999). · cites it 2× “III) (simple possession of a controlled substance) with 21 U. S. C. § 858 (endangering human life while manufacturing a controlled substance in violation of the drug laws) and § 841(b)(1)(A) (possession with intent to distribute large quantities of drugs).”
United States v. Jesse Kaplan, 839 F.3d 795 (9th Cir. 2016). · cites it 3× “Count 1 charged Endangering Human Life While Manufacturing Controlled Substances, in violation of 21 U.S.C. § 858 and 18 U.S.C. § 2 ; Count 2 charged Maintaining a Drug Involved Premises, in violation of 21 U.”
United States v. Gregorio Gonzalez-Longoria, 813 F.3d 225 (5th Cir. 2016). · cites it 2× “5 See 21 U.S.C. § 858 . 7 Case: 15-40041 Document: 00513375415 Page: 8 Date Filed: 02/10/2016 No.”
Calloway v. State, 810 S.E.2d 105 (Ga. 2018). · cites it 2× “In the federal indictment, Calloway was charged with conspiracy to manufacture meth and attempt to manufacture meth in violation of 21 USC §§ 841 (b) (1) (C) and 846, as well as creating a substantial risk of harm during *111 the attempted manufacture of meth in violation of 21…”
Calloway v. State, 303 Ga. 48 (Ga. 2018). · cites it 2× “In the federal indictment, Calloway was charged with conspiracy to manufacture meth and attempt to manufacture meth in violation of 21 USC §§ 841 (b) (1) (C) and 846, as well as creating a substantial risk of harm during the attempted manufacture of meth in violation of 21 USC §…”
United States v. Krystal T. Layne (01-6288) William Dick (01-6399), 324 F.3d 464 (6th Cir. 2003). “2001), Layne urges us to consider case law interpreting 21 U.S.C. § 858 , which makes it unlawful to endanger human life while illegally manufacturing a controlled substance, in assessing whether the methamphetamine laboratory in this case posed a substantial risk of harm to…”
United States of Am., Plaintiff-Appellant/cross-Appellee v. Jackson C. O'dell, Iii, Defendant-Appellee/cross-Appellant, 247 F.3d 655 (6th Cir. 2001). “§ 856 ; and Count Four, a criminal forfeiture action pursuant to 21 U.S.C. § 858 seeking forfeiture of Defendant’s interest in the property used to commit the crimes (Defendant’s home at 266 Tonawan-da Trail and the 171-acre farm property).”
United States v. Jackson, 199 F. Supp. 2d 1081 (D. Kan. 2002). · cites it 2× “21 U.S.C. § 858 provides: Whoever, while manufacturing a controlled substance in violation of this sub-chapter, or attempting to do so, or transporting or causing to be transported materials, including chemicals, to do so, creates a substantial risk of harm to human life shall…”
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