Jennifer J WirschingFederal Crime LawyerGlendale, CA ·
No way to answer this without a ton more information. The gun means an extra plus 5 years mandatory consceutive to the trafficking charge, but the amount for the base charge is tied to the criminal,history and many other factors.
The federal sentencing guidelines weigh many factors beyond the mere base offense. Will you accept responsibility or not? Are you an organizer/leader? How many criminal history points do you have? There are many others? It is virtually impossible to answer this question without knowing all of your personal circumstanced and the complete detailed history of the offense, as well as the US Attorney's view and the Probation Deprtment's view.
I agree with the all the answers above and it will be difficult to tell without knowing the purity of the methamphetamine since the purity will determine if you are responsible for actual or just a mixture or substance containg methamphetamine. 5 lbs of meth actual is a base offense level 36 or a 32 if not. Good luck.
Even after determining the base offense level, the criminal history points, as well as a number of other factors will determine your sentence. Such factors or specific offense characteristics can increase or decrease the base level offense. For example, if an offender has an extensive criminal history, he /she would likely be assigned to Criminal History Category VI. No criminal history will likely result in being assigned to Criminal History Category I. In addition, a judge is not required to choose a sentence from the sentencing guideline, if he/she can identify aggravating or mitigating factors that point in the opposite direction. Moreover, if you were a minor participant or if you met the safety valve criteria, your sentence would likely decrease. Because your case involved a weapon, it will be increased. There is a (5) five year mandatory increase if a gun was POSSESSED, (7) seven year increase if the gun was brandished, and a (25) twenty-five year increase if this is your second offense. In addition, if you played a leadership role, or if the methamphetamine was pure rather than a mixture, your sentenced will be increased.
Robert David RichmanFederal Crime LawyerMinneapolis, MN ·
As you probably know, the drug penalties in federal court are very harsh. Although it is impossible to say what the guidelines will be without a lot of additional information, what is clear is that the person is looking at a minimum of 10 years on the drugs and a consecutive 5 years on the gun. So the starting point is 15 years. The guidelines will go up from there.
Anthony Michael SolisCriminal Defense AttorneyLos Angeles, CA ·
in federal court, it will depend on the purity of the meth, but generally, without any criminal history, you can be looking at 10-15 years, then add 5 for the gun. If you are charged in federal court in either jurisdiction, you need to hire very competent counsel to represent you because federal drug cases are among the most serious cases, involving mandatory minimum sentencing and a host of other potential obstacles. Contact a good lawyer right away and concern yourself less with the worst possible outcome and start working on the best possible outcome.