21 U.S.C. § 860a
Consecutive sentence for manufacturing or distributing, or possessing with intent to manufacture or distribute, methamphetamine on premises where children are present or reside
Whoever violates section 841(a)(1) of this title by manufacturing or distributing, or possessing with intent to manufacture or distribute, methamphetamine or its salts, isomers or salts of isomers on premises in which an individual who is under the age of 18 years is present or resides, shall, in addition to any other sentence imposed, be imprisoned for a period of any term of years but not more than 20 years, subject to a fine, or both.
Notes of Decisions
Cited in 16
cases (5 in the last 5 years), 2010–2025 · leading case: United States v. Mundy
United States v. Mundy (2010)
“1 applies to violations of 21 U.S.C. § 860a — a statute different from § 860.”
United States v. Jorge Silva-De Hoyos (2012)
“§ 860a (“Whoever violates section 841(a)(1) of this title by manufacturing or distributing, or possessing with intent to manufacture or distribute, methamphetamine or its salts, isomers or salts of isomers on premises in which an individual who is under the age of 18 years is…”
United States v. Christopher Frommelt (2020)
“§§ 841 , 860(a);2 and (4) distribution of methamphetamine on premises where a person under eighteen was present, 21 U.S.C. § 860a. Now, Frommelt appeals the district court’s3 denial of his motion for a judgment of acquittal, arguing the government presented insufficient evidence…”
United States v. Norita (2010)
“062 net grams of methamphetamine hydrochloride, with intent to distribute it, and, at the time, defendant Norita was on premises on which an individual under the age of 18 years resided, all in violation of 21 U.S.C. §§ 860a, 18 U.S.C. § 2 , and Pinkerton v.”
United States v. McKinney (2014)
“” 21 U.S.C. § 860a. McKinney argues that the conspiracy charged in Count I was subsumed within the conspiracy charged in Count II.”
United States v. Jonathan Keesee (2012)
“10(b)(1)(B), * in addition to the consecutive sentence imposed pursuant to 21 U.S.C. § 860a (2006), results in improper double counting.”
United States v. Norita (2010)
“062 net grams of methamphetamine hydrochloride, with intent to distribute it, and, at the time, defendant Norita was on premises on which an individual under the age of 18 years resided, all in violation of 21 U.S.C. §§ 860a, 18 U.S.C. § 2 , and Pinkerton v.”
United States v. Jeremy Adams (2010)
“Defendant-Appellant, Jeremy Adams, pleaded guilty to a charge of possession *493 with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 860a and 841(a)(1). The District Court for the Western District of Michigan sentenced him to an above-Guidelines sentence of…”
United States v. Eric Middlebrook (2021)
“He further pleaded guilty to doing so on premises where children were present, subjecting him to an additional consecutive sentence of up to five years under 21 U.S.C. § 860a. The district court imposed a below‐guidelines sentence of 240 months’ imprisonment.”
United States v. Voltaire Peter Pierre (2024)
“The judgment lists the nature of the offense under 21 U.S.C. § 860a as “DISTRIBUTE IN OR NEAR SCHOOLS/CONTROLLED SUBSTANCE,” but that description pertains to 21 U.”
BELL v. United States (2020)
“§§ 841 , 846 and 851 (Count One) and possession with intent to distribute methamphetamine on premises where children are present, in violation of 21 U.S.C. § 860a (Count Four). Id. On April 24, 2018, the parties filed a petition to plead guilty (with a stipulated factual basis…”
Avila v. United States (2022)
“924(c) or a drug violation in violation under 21 U.S.C. § 860a. 1 (CR Doc. No. 11 at ¶¶ 1, 2).”
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