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Date: 11-22-2023

Case Style:

United States of America v. Jonathan M. Smith

Case Number: 2:22-cr-00038

Judge: David L. Bunning

Court: United States District Court for the Eastern District of Kentucky (Kenton County)

Plaintiff's Attorney: United States Attorney’s Office in Covington

Defendant's Attorney:



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Description: Covington, Kentucky criminal defense lawyer represented the Defendant charged with possession of meth with intend to distribute.

"21 U.S.C. § 841(a)(1) is a federal law that prohibits the manufacturing, distribution, dispensing, or possession with intent to manufacture, distribute, or dispense a controlled substance. Methamphetamine is a Schedule II controlled substance, meaning that it has a high potential for abuse and addiction, but also has a legitimate medical use.

What are the penalties for violating 21 U.S.C. § 841(a)(1)?

The penalties for violating 21 U.S.C. § 841(a)(1) vary depending on the quantity of methamphetamine involved. For example, possession of less than 50 grams of methamphetamine is punishable by up to one year in prison, while possession of 50 grams or more of methamphetamine is punishable by up to 10 years in prison.

What is the PWID enhancement?

The PWID enhancement is a provision of 21 U.S.C. § 841(a)(1) that increases the penalties for violating the law if the defendant knowingly and intentionally distributes methamphetamine to a person who uses a firearm or other dangerous weapon to protect or facilitate the possession, distribution, or use of methamphetamine. The PWID enhancement can result in an additional 10 years to life in prison.

What is the purpose of 21 U.S.C. § 841(a)(1)?

The purpose of 21 U.S.C. § 841(a)(1) is to protect the public from the dangers of methamphetamine by prohibiting the manufacture, distribution, dispensing, and possession of the drug. The PWID enhancement is intended to further deter violence by making it more severe to distribute methamphetamine to someone who is armed.

Conclusion

21 U.S.C. § 841(a)(1) is a powerful tool for law enforcement in the fight against methamphetamine trafficking and violence. The PWID enhancement is a particularly important provision that helps to protect the public from the dangers of armed drug traffickers.

Additional Resources

Drug Enforcement Administration (DEA)
National Institute on Drug Abuse (NIDA)
Substance Abuse and Mental Health Services Administration (SAMHSA)"

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Outcome: ONE HUNDRED THIRTY (130) MONTHS ON EACH COUNTS 1 & 3 TO RUN CONCURRENTLY, FOR A TOTAL TERM OF ONE HUNDRED THIRTY (130) MONTHS IMPRISIONMENT. FIVE (5) YEARS ON EACH COUNTS 1 & 3, TO RUN CONCURRENTLY, FOR A TOTAL TERM OF FIVE (5) YEARS SUPERVISED RELEASE. $200 TOTAL SPECIAL ASSESSMENT FEE

Plaintiff's Experts:

Defendant's Experts:

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