Murwell Law

U.S. Sentencing Guidelines Calculator For Federal Drug Offenses - Instructions

USSG §2D1.1. Insert the drug amount(s) into the Drug Quantity Table below. Pick the Criminal History Category. Apply the factors. Get the federal guidelines sentencing range.
As an added bonus, working through different sentencing scenarios is a fun way to waste some time while waiting in line at your local marijuana dispensary. Yes, Virginia, people still get busted for marijuana. In fact, they're about 24% of all federal drug cases. Now, shouldn't you want to know how much federal time you're facing.

USSG §2D1.1(c) Drug Quantity Table

USSG §2D1.1(c). The Drug Quantity Table is where one finds the base offense level for different drugs and amounts. Mix in the Criminal History Category. Then use the sentencing table to get the base sentencing range. You can do this manually. Or just fill in the blanks below.
DrugGramsEquivalency
Cocaine
Positive Numbers Only
500 Grams or More Cocaine
Mandatory Minimum
May Apply
21 U.S.C. §841

Crack
Positive Numbers Only
28 Grams or More Crack
Mandatory Minimum
May Apply
21 U.S.C. §841

Fentanyl
Positive Numbers Only
40 Grams or More Fentanyl
Mandatory Minimum
May Apply
21 U.S.C. §841

Fentanyl
(Analogue)
Positive Numbers Only
10 Grams or More
Fentanyl (Analogue)
Mandatory Minimum
May Apply
21 U.S.C. §841

Heroin
Positive Numbers Only
100 Grams or More Heroin
Mandatory Minimum
May Apply
21 U.S.C. §841

LSD
Positive Numbers Only
1 Gram or More LSD
Mandatory Minimum
May Apply
21 U.S.C. §841
Guidelines Weight
May Differ
From Statutory Weight

Marijuana
Positive Numbers Only
100 Kilos or More Marijuana
Mandatory Minimum
May Apply
21 U.S.C. §841

Meth(Ice)
Positive Numbers Only
Purity Must Be 80% or More
Methamphetamine
5 Grams or More "ICE"
Mandatory Minimum
May Apply
21 U.S.C. §841

Meth
Positive Numbers Only
Purity is less than 80%
Methamphetamine
50 Grams or More "Meth"
Mandatory Minimum
May Apply
21 U.S.C. §841

Oxycodone
Positive Numbers Only
Actual Weight Of
Oxycodone in Substance
a/k/a OxyContin

USSG §4A1.1 Criminal History Category The total points from subsections (a) through (e) determine the criminal history category in the Sentencing Table in Chapter Five, Part A. (a) Add 3 points for each prior sentence of imprisonment exceeding one year and one month. (b) Add 2 points for each prior sentence of imprisonment of at least sixty days not counted in (a). (c) Add 1 point for each prior sentence not counted in (a) or (b), up to a total of 4 points for this subsection. (d) Add 2 points if the defendant committed the instant offense while under any criminal justice sentence, including probation, parole, supervised release, imprisonment, work release, or escape status. (e) Add 1 point for each prior sentence resulting from a conviction of a crime of violence that did not receive any points under (a), (b), or (c) above because such sentence was treated as a single sentence, up to a total of 3 points for this subsection.
If the defendant may have at least two prior felony convictions of either a crime of violence or a controlled substance offense, make sure to determine if Career Offender applies. See USSG §4B1.1.
If the defendant is subject to an enhanced sentence under 18 U.S.C. § 924(e), apply the Armed Career Criminal provision in USSG §4B1.4.
Criminal History
Calculate
Sentence

Months

In accordance with the Drug Quantity Table contained in USSG §2D1.1 and the Sentencing Table from USSG Chapter 5, the base offense sentencing range was calculated using an offense level of and a criminal history of . The total marijuana equivalency is grams.

USSG §3B1.2 Mitigating Role Downward Adjustment

USSG §3B1.2. Based on the defendant's role in the offense, decrease the offense level as follows: (a) If the defendant was a minimal participant in any criminal activity, decrease by 4 levels. (b) If the defendant was a minor participant in any criminal activity, decrease by 2 levels. In cases falling between (a) and (b), decrease by 3 levels.
USSG §2D1.1(a)(5) provides that if (A) the defendant receives an adjustment under USSG §3B1.2 (Mitigating Role); and (B) the base offense level under subsection (c) [drug quantity table] is (i) level 32, decrease by 2 levels; (ii) level 34 or level 36, decrease by 3 levels; or (iii) level 38, decrease by 4 levels. If the resulting offense level is greater than level 32 and the defendant receives the 4-level (“minimal participant”) reduction in USSG §3B1.2, decrease to level 32.

AdjustmentApplicable?
Minimal (-4)
USSG §3B1.2(a)
Minor (-2)
USSG §3B1.2(b)
Minimal/Minor (-3)
USSG §3B1.2
Recalculate
Sentence

Months

A total of levels was deducted. This included a level deduction pursuant to USSG §3B1.2 and a level deduction in the base offense level as provided in USSG §2D1.1(a)(5). The advisory guidelines sentence was calculated using an offense level of and a criminal history of .

USSG §2D1.1(a) General Base Drug Offense Rules

§2D1.1. Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy
(a) Base Offense Level (Apply the greatest):
(1) 43, if the defendant is convicted under 21 U.S.C. § 841(b)(1)(A), (b)(1)(B), or (b)(1)(C), or 21 U.S.C. § 960(b)(1), (b)(2), or (b)(3), and the offense of conviction establishes that death or serious bodily injury resulted from the use of the substance and that the defendant committed the offense after one or more prior convictions for a similar offense; or
(2) 38, if the defendant is convicted under 21 U.S.C. § 841(b)(1)(A), (b)(1)(B), or (b)(1)(C), or 21 U.S.C. § 960(b)(1), (b)(2), or (b)(3), and the offense of conviction establishes that death or serious bodily injury resulted from the use of the substance; or
(3) 30, if the defendant is convicted under 21 U.S.C. § 841(b)(1)(E) or 21 U.S.C. § 960(b)(5), and the offense of conviction establishes that death or serious bodily injury resulted from the use of the substance and that the defendant committed the offense after one or more prior convictions for a similar offense; or
(4) 26, if the defendant is convicted under 21 U.S.C. § 841(b)(1)(E) or 21 U.S.C. § 960(b)(5), and the offense of conviction establishes that death or serious bodily injury resulted from the use of the substance; or
(5) the offense level specified in the Drug Quantity Table set forth in subsection (c), except that if (A) the defendant receives an adjustment under §3B1.2 (Mitigating Role); and (B) the base offense level under subsection (c) is (i) level 32, decrease by 2 levels; (ii) level 34 or level 36, decrease by 3 levels; or (iii) level 38, decrease by 4 levels. If the resulting offense level is greater than level 32 and the defendant receives the 4-level ("minimal participant") reduction in §3B1.2(a), decrease to level 32.
AdjustmentApplicable?
Death or
serious bodily injury
(Not applicable?
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Next Section
Aggravating Role)
Convicted under
21 U.S.C. § 841(b)(1)(A),
(b)(1)(B),
(b)(1)(C)
Convicted under
21 U.S.C. § 960(b)(1),
(b)(2), or (b)(3)
Convicted under

21 U.S.C. § 841(b)(1)(E)
or
21 U.S.C. § 960(b)(5)
One or more prior
convictions for
a similar offense
Recalculate
Sentence

Months

After considering USSG §2D1.1(1-5), the sentence was determined from an offense level of and a criminal history of .
The offense level was determined from a base offense level of less levels for Mitigating Role.

USSG §3B1.1 Aggravating Role Upward Adjustment

USSG §3B1.1. Based on the defendant's role in the offense, increase the offense level as follows: (a) If the defendant was an organizer or leader of a criminal activity that involved five or more participants or was otherwise extensive, increase by 4 levels. (b) If the defendant was a manager or supervisor (but not an organizer or leader) and the criminal activity involved five or more participants or was otherwise extensive, increase by 3 levels. (c) If the defendant was an organizer, leader, manager, or supervisor in any criminal activity other than described in (a) or (b), increase by 2 levels.
AdjustmentApplicable?
Organizer/Leader (+4)
5 or more participants
USSG §3B1.1(a)
Manager/Supervisor (+3)
5 or more participants
USSG §3B1.1(b)
Organizer/Supervisor (+2)
Smaller operation than above
USSG §3B1.1(c)
Recalculate
Sentence

Months

The base offense level was increased by levels in accordance with USSG §3B1.1. The advisory guidelines sentence was calculated using an offense level of and a criminal history of .

USSG §2D1.1(b) Specific Offense Upward Adjustments

USSG §2D1.1(b)(1).
If a dangerous weapon (including a firearm) was possessed, increase by 2 levels.

USSG §2D1.1(b)(2).
If the defendant used violence, made a credible threat to use violence, or directed the use of violence, increase by 2 levels.

USSG §2D1.1(b)(3).
If the defendant unlawfully imported or exported a controlled substance under circumstances in which (A) an aircraft other than a regularly scheduled commercial air carrier was used to import or export the controlled substance, (B) a submersible vessel or semi-submersible vessel as described in 18 U.S.C. § 2285 was used, or (C) the defendant acted as a pilot, copilot, captain, navigator, flight officer, or any other operation officer aboard any craft or vessel carrying a controlled substance, increase by 2 levels. If the resulting offense level is less than level 26, increase to level 26.

USSG §2D1.1(b)(4).
If the object of the offense was the distribution of a controlled substance in a prison, correctional facility, or detention facility, increase by 2 levels.

USSG §2D1.1(b)(5).
If (A) the offense involved the importation of amphetamine or methamphetamine or the manufacture of amphetamine or methamphetamine from listed chemicals that the defendant knew were imported unlawfully, and (B) the defendant is not subject to an adjustment under §3B1.2 (Mitigating Role), increase by 2 levels.

USSG §2D1.1(b)(6).
If the defendant is convicted under 21 U.S.C. §865 [Smuggling methamphetamine or methamphetamine precursor chemicals into the United States while using facilitated entry programs], increase by 2 levels.

USSG §2D1.1(b)(7).
If the defendant, or a person for whose conduct the defendant is accountable under §1B1.3 (Relevant Conduct), distributed a controlled substance through mass-marketing by means of an interactive computer service, increase by 2 levels.

USSG §2D1.1(b)(8).
If the offense involved the distribution of an anabolic steroid and a masking agent, increase by 2 levels.

USSG §2D1.1(b)(9).
If the defendant distributed an anabolic steroid to an athlete, increase by 2 levels.

USSG §2D1.1(b)(10).
If the defendant was convicted under 21 U.S.C. § 841(g)(1)(A), increase by 2 levels.

USSG §2D1.1(b)(11).
If the defendant bribed, or attempted to bribe, a law enforcement officer to facilitate the commission of the offense, increase by 2 levels.

USSG §2D1.1(b)(12).
If the defendant maintained a premises for the purpose of manufacturing or distributing a controlled substance, increase by 2 levels.

USSG §2D1.1(b)(14).
If (A) the offense involved the cultivation of marihuana (sic) on state or federal land or while trespassing on tribal or private land; and (B) the defendant receives an adjustment under §3B1.1 (Aggravating Role), increase by 2 levels.

USSG §2D1.1(b)(15).
If the defendant receives an adjustment under 3B1.1. (Aggravating Role) and the offense involved 1 or more of the following factors: (A) (i) the defendant used fear, impulse, friendship, affection, or some combination thereof to involve another individual in the illegal purchase, sale, transport, or storage of controlled substances, (ii) the individual received little or no compensation from the illegal purchase, sale, transport, or storage of controlled substances, and (iii) the individual had minimal knowledge of the scope and structure of the enterprise; (B) the defendant, knowing that an individual was (i) less than 18 years of age, (ii) 65 or more years of age, (iii) pregnant, or (iv) unusually vulnerable due to physical or mental condition or otherwise particularly susceptible to the criminal conduct, distributed a controlled substance to that individual or involved that individual in the offense; (C) the defendant was directly involved in the importation of a controlled substance; (D) the defendant engaged in witness intimidation, tampered with or destroyed evidence, or otherwise obstructed justice in connection with the investigation or prosecution of the offense; (E) the defendant committed the offense as part of a pattern of criminal conduct engaged in as a livelihood, increase by 2 levels.

AdjustmentApplicable?
Weapon/Firearm (+2)
USSG §2D1.1(b)(1)
Violence/Threats (+2)
USSG §2D1.1(b)(2)
Airplane/Pilot (+2)
USSG §2D1.1(b)(3)
Prison Distrib (+2)
USSG §2D1.1(b)(4)
Import Meth (+2)
USSG §2D1.1(b)(5)
Convicted under
21 U.S.C. §865 (+2)
USSG §2D1.1(b)(6)
Distributed through
mass-marketing
by computer service (+2)
USSG §2D1.1(b)(7)
Involved distribution
anabolic steroid
& masking agent (+2)
USSG §2D1.1(b)(8)
Distributed anabolic steroid
to an athlete (+2)
USSG §2D1.1(b)(9)
Convicted under
USSG §841(g)(1)(A) (+2)
USSG §2D1.1(b)(10)
Bribed/Attempted Bribe
Law Enforcement (+2)
USSG §2D1.1(b)(11)
Maintained Premises
Manufacturing/Distributing(+2)
USSG §2D1.1(b)(12)
Cultivate Tribal Land (+2)
and received
aggravating role adjustment
USSG §2D1.1(b)(14)
Aggravating Role Adjustment
and Factors (+2)
USSG §2D1.1(b)(15)
Recalculate
Sentence

Months

After a level increase for Specific Offense Characteristics, the advisory guidelines sentence was determined from an offense level of and a criminal history of .

USSG §2D1.1(b)(13) Upward Adjustment

USSG §2D1.1(b)(13). (Apply the greatest): (A) If the offense involved (i) an unlawful discharge, emission, or release into the environment of a hazardous or toxic substance; or (ii) the unlawful transportation, treatment, storage, or disposal of a hazardous waste, increase by 2 levels. (B) If the defendant was convicted under 21 U.S.C. § 860a of distributing, or possessing with intent to distribute, methamphetamine on premises where a minor is present or resides, increase by 2 levels. If the resulting offense level is less than level 14, increase to level 14. (C) If— (i) the defendant was convicted under 21 U.S.C. § 860a of manufacturing, or possessing with intent to manufacture, methamphetamine on premises where a minor is present or resides; or (ii) the offense involved the manufacture of amphetamine or meth-amphetamine and the offense created a substantial risk of harm to (I) human life other than a life described in subdivision (D); or (II) the environment, increase by 3 levels. If the resulting offense level is less than level 27, increase to level 27. (D) If the offense (i) involved the manufacture of amphetamine or methamphetamine; and (ii) created a substantial risk of harm to the life of a minor or an incompetent, increase by 6 levels. If the resulting offense level is less than level 30, increase to level 30.
AdjustmentApplicable?
USSG §2D1.1(b)(13)(A)
USSG §2D1.1(b)(13)(B)
USSG §2D1.1(b)(13)(C)
USSG §2D1.1(b)(13)(D)
Recalculate
Sentence

Months

After a level increase for USSG §2D1.1(b)(13), the advisory guidelines sentence was determined from an offense level of and a criminal history of .

USSG §2D1.1(b)(16) Specific Offense Downward Adjustment

USSG §2D1.1(b)(16) If the defendant receives the 4-level ("minimal participant") reduction in §3B1.2(a) and the offense involved all of the following factors: (A) the defendant was motivated by an intimate or familial relationship or by threats or fear to commit the offense and was otherwise unlikely to commit such an offense; (B) the defendant received no monetary compensation from the illegal purchase, sale, transport, or storage of controlled substances; and (C) the defendant had minimal knowledge of the scope and structure of the enterprise, decrease by 2 levels.

AdjustmentApplicable?
Minimal participant (-2)
and meets the additional
conditions in
USSG §2D1.1(b)(16)
Recalculate
Sentence

Months

After a level decrease for USSG §2D1.1(b)(16), the advisory guidelines sentence was determined from an offense level of and a criminal history of .

USSG §3C1.1 Obstructing or Impeding the Administration of Justice

USSG §3C1.1. Obstructing or Impeding the Administration of Justice If (1) the defendant willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice with respect to the investigation, prosecution, or sentencing of the instant offense of conviction, and (2) the obstructive conduct related to (A) the defendant's offense of conviction and any relevant conduct; or (B) a closely related offense, increase the offense level by 2 levels.
AdjustmentApplicable?
Obstruction (+2)
USSG §3C1.1.
Recalculate
Sentence

Months

After a level increase for obstruction of justice , the advisory guidelines sentence was determined from an offense level of and a criminal history of .

USSG §3E1.1 Acceptance of Responsibility Downward Adjustment

USSG §3E1.1. Acceptance of Responsibility (a) If the defendant clearly demonstrates acceptance of responsibility for his offense, decrease the offense level by 2 levels.
(b) If the defendant qualifies for a decrease under subsection (a), the offense level determined prior to the operation of subsection (a) is level 16 or greater, and upon motion of the government stating that the defendant has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the government and the court to allocate their resources efficiently, decrease the offense level by 1 additional level.
AdjustmentApplicable?
Acceptance (-2)
USSG §3E1.1(a)
Super Acceptance (-1)
USSG §3E1.1(b)
Recalculate
Sentence

Months

After a level deduction for Acceptance of Responsibility, the advisory guidelines sentence was determined from an offense level of and a criminal history of .

USSG §2D(b)(17) and USSG §5C1.2 - Safety Valve

USSG §2D1.1(b)(17). If the defendant meets the criteria set forth in subdivisions (1)-(5) of subsection (a) of §5C1.2 (Limitation on Applicability of Statutory Minimum Sentences in Certain Cases), decrease by 2 levels.
USSG §5C1.2 (a) Except as provided in subsection (b), in the case of an offense under 21 U.S.C. §841, §844, §846, §960, or §963, the court shall impose a sentence in accordance with the applicable guidelines without regard to any statutory minimum sentence, if the court finds that the defendant meets the criteria in 18 U.S.C. §3553(f)(1)-(5) set forth below: (1) the defendant does not have more than 1 criminal history point, as determined under the sentencing guidelines before application of subsection (b) of §4A1.3 (Departures Based on Inadequacy of Criminal History Category); (2) the defendant did not use violence or credible threats of violence or possess a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense; (3) the offense did not result in death or serious bodily injury to any person; (4) the defendant was not an organizer, leader, manager, or supervisor of others in the offense, as determined under the sentencing guidelines and was not engaged in a continuing criminal enterprise, as defined in 21 U.S.C. §848 [Continuing criminal enterprise]; and (5) not later than the time of the sentencing hearing, the defendant has truthfully provided to the Government all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the defendant has no relevant or useful other information to provide or that the Government is already aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement. (b) In the case of a defendant (1) who meets the criteria set forth in subsection (a); and (2) for whom the statutorily required minimum sentence is at least five years, the offense level applicable from Chapters Two (Offense Conduct) and Three (Adjustments) shall be not less than level 17.
RequirementsSatisfied?
No more than 1
Criminal History Point
USSG §5C1.2
No violence, threats,
guns, dangerous weapons
USSG §5C1.2
No deaths or
serious bodily injury
USSG §5C1.2
Not an organizer, leader,
manager, or supervisor
USSG §5C1.2
Defendant provided all
info to Government
USSG §5C1.2
Safety Valve?
Sentence

Months

After a level deduction for Safety Valve , the advisory guidelines sentence was determined from an offense level of and a criminal history of .

U.S. Sentencing Guidelines Table Lookup

Offense LevelCriminal History
Only Whole Numbers From 1-43
Lookup
Sentence

Months

This advisory sentence guidelines range is based upon an offense level of and a criminal history of .

About

Designed for one or multiple drug types. Insert the amounts. Pick the criminal history. Get the sentencing range. Works great on any device including phones. This "U.S. Federal Sentencing Guidelines Calculator" determines the base advisory guideline sentence for offenses involving common drug types. There are more federal drug cases than any other type of federal criminal case. All of which are predominantly controlled by guidelines. Base offense levels are adjusted upward and downward depending on additional factors. The resulting offense level, combined with a criminal history score, are used to lookup the sentencing range on a sentencing table. The judge then usually sentences the defendant within that guideline range.
In drug cases, the type and quantity of drugs, along with the additional factors, give the judges, prosecutors, and defense attorneys something to argue over. A ruling as to whether a defendant was a minor player can be life changing. Did the defendant possess a gun in connection with the offense? Or was it a hunting rifle? The answer can mean the difference of many years in jail.
To use this calculator, insert the amount(s). And just keep answering the different factors. It does not contain every possible factor in the guidelines. But has some of the big ones: Role in Offense, Guns, Safety Valve, Acceptance of Responsibility. It doesn't provide any applicable mandatory minimums. Nor does it take into consideration career offender status. But hopefully, it will still provide some assistance to those who are involved and knowledge to those who want to learn something about the federal drug laws. To be advised of any updates, please send an email.
The "U.S. Sentencing Guidelines Lookup" provides the sentencing range for a given offense level and criminal history category. It is especially useful on a phone where looking up the applicable guideline range via the normal sentencing table can be cumbersome. The "Lookup App" can also be used to estimate a drug offense guideline by making common adjustments to the base offense level.
Disclaimer. There is No guarantee or warranty as to the accuracy of these applications. Use them at your own risk. This website does Not provide legal advice. Contact a lawyer for legal advice.
If a mistake is noticed or you have a comment regarding the application, please send an email.
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