21 U.S.C. § 865

Smuggling methamphetamine or methamphetamine precursor chemicals into the United States while using facilitated entry programs

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 21 CasesGoogle Scholar

(a) Enhanced prison sentence

The sentence of imprisonment imposed on a person convicted of an offense under the Controlled Substances Act (21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), involving methamphetamine or any listed chemical that is defined in section 102(33) of the Controlled Substances Act (21 U.S.C. 802(33),11 So in original. A second closing parenthesis probably should precede the comma. shall, if the offense is committed under the circumstance described in subsection (b), be increased by a consecutive term of imprisonment of not more than 15 years.

(b) CircumstancesFor purposes of subsection (a), the circumstance described in this subsection is that the offense described in subsection (a) was committed by a person who—(1) was enrolled in, or who was acting on behalf of any person or entity enrolled in, any dedicated commuter lane, alternative or accelerated inspection system, or other facilitated entry program administered or approved by the Federal Government for use in entering the United States; and(2) committed the offense while entering the United States, using such lane, system, or program.(c) Permanent ineligibility

Any person whose term of imprisonment is increased under subsection (a) shall be permanently and irrevocably barred from being eligible for or using any lane, system, or program described in subsection (b)(1).

(Pub. L. 109–177, title VII, § 731, Mar. 9, 2006, 120 Stat. 270.)Editorial NotesReferences in Text

The Controlled Substances Act, referred to in subsec. (a), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables.

The Controlled Substances Import and Export Act, referred to in subsec. (a), is title III of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1285, which is classified principally to subchapter II (§ 951 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 951 of this title and Tables.

Codification

Section was enacted as part of the USA PATRIOT Improvement and Reauthorization Act of 2005 and also as part of the Combat Methamphetamine Epidemic Act of 2005, and not as part of the Controlled Substances Act which comprises this subchapter.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2005–2025 · leading case: United States v. Serrato, 742 F.3d 461 (10th Cir. 2014).

Sort: Relevance Newest Treatment

United States v. Serrato, 742 F.3d 461 (10th Cir. 2014). · cites it 2× “Serrato develops in his opening brief — that the importation guideline improperly implements 21 U.S.C. § 865 — entirely misses the mark.”

United States v. Goodman, 556 F. Supp. 2d 1002 (D. Neb. 2008). “See Pub.L. No. 106-310, 114 Stat. 1227 (Oct. 17, 2000).”

United States v. Tony Simpson, 682 F. App'x 299 (5th Cir. 2017). “See 21 U.S.C. § 865 (a); Dison, 573 F.3d at 209 .”

United States v. Rene Ramirez Gomez, 129 F.4th 954 (6th Cir. 2025). “1 (governing certain drug offenses) instructs courts to apply a two-level enhancement “[i]f the defendant is convicted under 21 U.S.C. § 865 .” U.S.S.G. § 2D1.1(b)(6).”

United States v. Conner, 152 F. App'x 732 (10th Cir. 2005). “Conner under 21 U.S.C. § 865 (a)(1), the government was required to prove beyond a reasonable doubt that he knowingly opened or maintained a place for the purpose of manufacturing, distributing, or using a controlled substance.”

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.