Federal Drug Crime Enhancements Mean Years of Mandatory Prison Time
851 Enhancement for Federal Drug Crimes
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What is a 21 USC §851 Enhancement?
In federal criminal drug laws, the Government can seek to enhance* an individual’s drug trafficking conviction’s sentence if that person has a prior serious drug felony conviction on their record. 21 USC §851, better known as an 851 enhancement, is a tool that the Government will use to dramatically increase a sentence. For example, a conviction for selling a kilogram or more of heroin carries with it a mandatory minimum sentence of ten years in federal prison. However, if that person had a prior “serious drug felony or serious violent felony” conviction, then the mandatory minimum is enhanced by §851 to a fifteen year mandatory minimum. If that person has two prior “serious drug felonies or serious violent felonies,” then they face a mandatory minimum of twenty-five years in federal prison.
Prior Serious Drug and Violent Felonies are Used to Enhance a Federal Drug Sentence
According to federal criminal law, a serious drug felony is a prior felony where the person served more than twelve months imprisonment, and had to have been released within fifteen years of the commission of the current federal criminal drug charge. As to a prior serious violent felony, 18 USC §3559(c)(2) indicates that prior crimes such as murder, some types of sex offenses, kidnapping, and any prior offense that has an element that has as an element, generally, that includes the use of force against another. This serious prior violent felony must have been punishable by more than ten years in prison.
We are Federal Criminal Defense Attorneys in Michigan who Win
If you are accused of a federal drug crime, and you have a prior criminal history, you need to speak with somebody that understands how a potential § will affect you. Contact us today to discuss your case and let’s get a plan going for how to fight your case.
*It is important to note that the §851 enhancement for prior drug crimes has changed dramatically with the passing of the First Step Act. This page reflects these changes.