Title 21
United States Code (USC)
Controlled Substances Act
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2007]
[CITE: 21USC848]
Section 848. Continuing Criminal Enterprise
(a) Penalties; forfeitures
Any person who engages in a continuing criminal enterprise shall be
sentenced to a term of imprisonment which may not be less than 20 years
and which may be up to life imprisonment, to a fine not to exceed the
greater of that authorized in accordance with the provisions of title 18
or $2,000,000 if the defendant is an individual or $5,000,000 if the
defendant is other than an individual, and to the forfeiture prescribed
in section 853 of this title; except that if any person engages in such
activity after one or more prior convictions of him under this section
have become final, he shall be sentenced to a term of imprisonment which
may not be less than 30 years and which may be up to life imprisonment,
to a fine not to exceed the greater of twice the amount authorized in
accordance with the provisions of title 18 or $4,000,000 if the
defendant is an individual or $10,000,000 if the defendant is other than
an individual, and to the forfeiture prescribed in section 853 of this
title.
(b) Life imprisonment for engaging in continuing criminal enterprise
Any person who engages in a continuing criminal enterprise shall be
imprisoned for life and fined in accordance with subsection (a) of this
section, if--
(1) such person is the principal administrator, organizer, or
leader of the enterprise or is one of several such principal
administrators, organizers, or leaders; and
(2)(A) the violation referred to in subsection (c)(1) of this
section involved at least 300 times the quantity of a substance
described in subsection 841(b)(1)(B) of this title, or
(B) the enterprise, or any other enterprise in which the
defendant was the principal or one of several principal
administrators, organizers, or leaders, received $10 million dollars
in gross receipts during any twelve-month period of its existence
for the manufacture, importation, or distribution of a substance
described in section 841(b)(1)(B) of this title.
(c) "Continuing criminal enterprise" defined
For purposes of subsection (a) of this section, a person is engaged
in a continuing criminal enterprise if--
(1) he violates any provision of this subchapter or subchapter
II of this chapter the punishment for which is a felony, and
(2) such violation is a part of a continuing series of
violations of this subchapter or subchapter II of this chapter--
(A) which are undertaken by such person in concert with five
or more other persons with respect to whom such person occupies
a position of organizer, a supervisory position, or any other
position of management, and
(B) from which such person obtains substantial income or
resources.
(d) Suspension of sentence and probation prohibited
In the case of any sentence imposed under this section, imposition
or execution of such sentence shall not be suspended, probation shall
not be granted, and the Act of July 15, 1932 (D.C. Code, secs. 24-203--
24-207), shall not apply.
(e) Death penalty
(1) In addition to the other penalties set forth in this section--
(A) any person engaging in or working in furtherance of a
continuing criminal enterprise, or any person engaging in an offense
punishable under section 841(b)(1)(A) of this title or section
960(b)(1) of this title who intentionally kills or counsels,
commands, induces, procures, or causes the intentional killing of an
individual and such killing results, shall be sentenced to any term
of imprisonment, which shall not be less than 20 years, and which
may be up to life imprisonment, or may be sentenced to death; and
(B) any person, during the commission of, in furtherance of, or
while attempting to avoid apprehension, prosecution or service of a
prison sentence for, a felony violation of this subchapter or
subchapter II of this chapter who intentionally kills or counsels,
commands, induces, procures, or causes the intentional killing of
any Federal, State, or local law enforcement officer engaged in, or
on account of, the performance of such officer's official duties and
such killing results, shall be sentenced to any term of
imprisonment, which shall not be less than 20 years, and which may
be up to life imprisonment, or may be sentenced to death.
(2) As used in paragraph (1)(B), the term "law enforcement
officer" means a public servant authorized by law or by a Government
agency or Congress to conduct or engage in the prevention,
investigation, prosecution or adjudication of an offense, and includes
those engaged in corrections, probation, or parole functions.
(g) \1\ to (p) Repealed. Pub. L. 109-177, title II, Sec. 221(2), Mar. 9,
2006, 120 Stat. 231
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\1\ So in original. Section does not contain a subsec. (f), see 1988
Amendment note below.
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(q) Repealed. Pub. L. 109-177, title II, Secs. 221(4), 222(c), Mar.
9, 2006, 120 Stat. 231, 232
(r) Repealed. Pub. L. 109-177, title II, Sec. 221(3), Mar. 9, 2006, 120
Stat. 231
(s) Special provision for methamphetamine
For the purposes of subsection (b), in the case of continuing
criminal enterprise involving methamphetamine or its salts, isomers, or
salts of isomers, paragraph (2)(A) shall be applied by substituting
"200" for "300", and paragraph (2)(B) shall be applied by
substituting "$5,000,000" for "$10 million dollars".
(Pub. L. 91-513, title II, Sec. 408, Oct. 27, 1970, 84 Stat. 1265; Pub.
L. 98-473, title II, Secs. 224(b), formerly Sec. 224(c), 305, Oct.
12, 1984, 98 Stat. 2030, 2050; Pub. L. 99-570, title I,
Secs. 1005(b)(2), 1252, 1253, Oct. 27, 1986, 100 Stat. 3207-6, 3207-
14; Pub. L. 100-690, title VI, Sec. 6481, title VII, Sec. 7001, Nov. 18,
1988, 102 Stat. 4382, 4387; Pub. L. 103-322, title XXXIII,
Secs. 330003(e), 330009(d), 330014, Sept. 13, 1994, 108 Stat. 2141,
2143, 2146; Pub. L. 104-132, title I, Sec. 108, title IX, Sec. 903(b),
Apr. 24, 1996, 110 Stat. 1226, 1318; Pub. L. 109-177, title II,
Secs. 221, 222(c), title VII, Sec. 733, Mar. 9, 2006, 120 Stat. 231,
232, 270.)
References in Text
Act of July 15, 1932 (D.C. Code, secs. 24-203--24-207), referred to
in subsec. (d), is act July 15, 1932, ch. 492, 47 Stat. 696, as amended,
which is not classified to the Code.
Amendments
2006--Subsec. (e)(2). Pub. L. 109-177, Sec. 221(1), substituted
"(1)(B)" for "(1)(b)".
Subsecs. (g) to (p). Pub. L. 109-177, Sec. 221(2), struck out
subsecs. (g) to (p) which related to hearing and sentencing procedures
in death penalty cases and sentencing in capital cases in which the
death penalty is not sought or imposed.
Subsec. (q). Pub. L. 109-177, Secs. 221(4), 222(c), struck out
subsec. (q) which related to appeal in capital cases and counsel for
financially unable defendants.
Subsec. (r). Pub. L. 109-177, Sec. 221(3), struck out subsec. (r)
which provided for refusal by State and Federal correctional employees
to participate in executions.
Subsec. (s). Pub. L. 109-177, Sec. 733, added subsec. (s).
1996--Subsec. (q)(9). Pub. L. 104-132, Sec. 108, amended par. (9)
generally. Prior to amendment, par. (9) read as follows: "Upon a
finding in ex parte proceedings that investigative, expert or other
services are reasonably necessary for the representation of the
defendant, whether in connection with issues relating to guilt or
sentence, the court shall authorize the defendant's attorneys to obtain
such services on behalf of the defendant and shall order the payment of
fees and expenses therefore, under paragraph (10). Upon a finding that
timely procurement of such services could not practicably await prior
authorization, the court may authorize the provision of and payment for
such services nunc pro tunc."
Subsec. (q)(10). Pub. L. 104-132, Sec. 903(b), amended par. (10)
generally. Prior to amendment, par. (10) read as follows:
"Notwithstanding the rates and maximum limits generally applicable to
criminal cases and any other provision of law to the contrary, the court
shall fix the compensation to be paid to attorneys appointed under this
subsection and the fees and expenses to be paid for investigative,
expert, and other reasonably necessary services authorized under
paragraph (9), at such rates or amounts as the court determines to be
reasonably necessary to carry out the requirements of paragraphs (4)
through (9)."
1994--Subsec. (b)(2)(A). Pub. L. 103-322, Sec. 330003(e),
substituted "subsection (c)(1) of this section" for "subsection
(d)(1) of this section".
Subsec. (n)(11). Pub. L. 103-322, Sec. 330014, made technical
amendment to reference to section 859 of this title to correct reference
to corresponding section of original act.
Subsec. (q)(8). Pub. L. 103-322, Sec. 330009(d), substituted
"applications for writ" for "applications, for writ".
1988--Subsec. (a). Pub. L. 100-690, Sec. 6481(a), increased minimum
term of imprisonment for first violations to 20 from 10 years and for
subsequent violations to 30 from 20 years.
Subsecs. (c), (d). Pub. L. 100-690, Sec. 6481(b), redesignated
subsecs. (d) and (e) as (c) and (d), respectively.
Subsec. (e). Pub. L. 100-690, Sec. 7001(a)(2), added subsec. (e).
Former subsec. (e) redesignated (d).
Pub. L. 100-690, Sec. 7001(a)(1), which directed redesignation of
former subsec. (e) as (f), could not be executed because of prior
redesignation of former subsec. (e) as (d) by Pub. L. 100-690,
Sec. 6481(b), which resulted in there not being a subsec. (f).
Subsecs. (g) to (r). Pub. L. 100-690, Sec. 7001(b), added subsecs.
(g) to (r).
1986--Subsec. (a). Pub. L. 99-570, Sec. 1252, substituted "to a
fine not to exceed the greater of that authorized in accordance with the
provisions of title 18 or $2,000,000 if the defendant is an individual
or $5,000,000 if the defendant is other than an individual," for "to a
fine of not more than $100,000," and "to a fine not to exceed the
greater of twice the amount authorized in accordance with the provisions
of title 18 or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other
than an individual," for "to a fine of not more than $200,000,".
Subsecs. (b) to (e). Pub. L. 99-570, Sec. 1253, added subsec. (b)
and redesignated former subsecs. (b) and (c) as (d) and (e),
respectively, which resulted in there not being a subsec. (c).
1984--Subsec. (a). Pub. L. 98-473, Sec. 305, struck out par. (1)
designation, substituted references to section 853 of this title for
references to paragraph (2) in two places, and struck out par. (2) which
related to forfeitures to the United States by any person convicted
under par. (1).
Subsec. (d). Pub. L. 98-473, Sec. 305(b), struck out subsec. (d)
relating to jurisdiction of courts of the United States.
Subsec. (e). Pub. L. 98-473, Sec. 224(b), as renumbered by Pub. L.
99-570, Sec. 1005(b)(2), which directed the amendment of subsec. (c) of
this section by striking out "and section 4202 of title 18 of the
United States Code", was executed by striking out that language in
subsec. (e) to reflect the probable intent of Congress and the
intervening amendment by Pub. L. 99-570, Sec. 1253, which redesignated
subsec. (c) as (e). See 1986 Amendment note above.
Effective Date of 1996 Amendment
Amendment by section 903(b) of Pub. L. 104-132 effective as to cases
commenced or appeals perfected on or after Apr. 24, 1996, see section
903(c) of Pub. L. 104-132, set out as a note under section 3006A of
Title 18, Crimes and Criminal Procedure.
Effective Date of 1984 Amendment
Amendment by section 224(b) of Pub. L. 98-473 effective Nov. 1,
1987, and applicable only to offenses committed after the taking effect
of such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as
an Effective Date note under section 3551 of Title 18, Crimes and
Criminal Procedure.
GAO Study of Cost of Executions
Section 7002 of title VII of Pub. L. 100-690, directed Comptroller
General to conduct a study of cost of executions and report to Congress,
prior to repeal by Pub. L. 104-66, title I, Sec. 1091(d), Dec. 21, 1995,
109 Stat. 722.
NOTICE: This is an unofficial version. An official version of this publication may be obtained
directly from the Government Printing Office (GPO).
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