Sec. 408. continuing criminal enterprise
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## Sec. 408 continuing criminal enterprise **[**[21 U.S.C. 848](/us/usc/t21/s848)**]** ###
(a)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, United States Code, 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 413 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, United States Code, 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 413 of this title. ###
(b)Any person who engages in a continuing criminal enterprise shall be imprisoned for life and fined in accordance with subsection (a), 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) involved at least 300 times the quantity of a substance described in subsection 401(b)(1)(B) of this Act, 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 401(b)(1)(B) of this Act. ###
(c)For purposes of subsection (a), a person is engaged in a continuing criminal enterprise if— ####
(1)he violates any provision of this title or title III the punishment for which is a felony, and ####
(2)such violation is a part of a continuing series of violations of this title or title III— #####
(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)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) or section 960(b)(1) 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 title or title III 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; and ####
(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. ### (q)38 Appeal in Capital Cases; Counsel for Financially Unable Defendants 38So in law. See amendments made by sections 221(4) and 222(c) of Public Law 109–177 (120 Stat. 231). ### (s)39 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”. 39So in law. There are no subsections
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(r)in section 408.
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U.S. Code
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- Pub. L. 109-177
- 120 Stat. 231
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