U.S.S.G. §2D1.5

(a) Base Offense Level (Apply the greater):

(1) 4 plus the offense level from §2D1.1 applicable to the underlying offense; or

(2) 38.

Commentary

Statutory Provision: 21 U.S.C. § 848.

Application Notes:

1. Inapplicability of Chapter Three Adjustment.—Do not apply any adjustment from Chapter

Three, Part B (Role in the Offense).

2. “Continuing Series of Violations”.—Under 21 U.S.C. § 848, certain conduct for which the

defendant has previously been sentenced may be charged as part of the instant offense to establish a “continuing series of violations.” A sentence resulting from a conviction sustained prior to

the last overt act of the instant offense is to be considered a prior sentence under §4A1.2(a)(1)

and not part of the instant offense.

3. Multiple Counts.—Violations of 21 U.S.C. § 848 will be grouped with other drug offenses for

the purpose of applying Chapter Three, Part D (Multiple Counts).

Background: Because a conviction under 21 U.S.C. § 848 establishes that a defendant controlled and

exercised authority over one of the most serious types of ongoing criminal activity, this guideline provides a minimum base offense level of 38. An adjustment from Chapter Three, Part B is not authorized

because the offense level of this guideline already reflects an adjustment for role in the offense.

Section 848 of title 21, United States Code, provides a 20-year minimum mandatory penalty for

the first conviction, a 30-year minimum mandatory penalty for a second conviction, and a mandatory

life sentence for principal administrators of extremely large enterprises. If the application of the guidelines results in a sentence below the minimum sentence required by statute, the statutory minimum

shall be the guideline sentence. See §5G1.1(b).