United States of America v. Tina Marie Tankersley

Tulsa, Oklahoma, criminal defense lawyer represented the Defendant charged with:



Drug conspiracy in and maintaining a drug involved premises.



21 U.S.C. 846 provides:



Section 846 of Title 21 prohibits conspiracies and attempts to violate any substantive offense established by Subchapter I of Title 21 ("Control and Enforcement")—in other words, Section 846 makes it a crime to conspire to violate or attempt to violate any substantive offense set forth in 21 U.S.C. §§ 801-904. Analogously, Section 963 of Title 21 prohibits conspiracies and attempts to violate any substantive offense established by Subchapter II of Title 21 ("Import and Export")—in other words, Section 963 makes it a crime to conspire to violate or attempt to violate any substantive offense set forth in 21 U.S.C. §§ 951-971.



The general conspiracy statute (18 U.S.C. § 371) may not be used to charge a conspiracy involving those sections. See Principles of Federal Prosecution, JM 9-27.300 ("Once the decision to prosecute has been made, the attorney for the government should charge and pursue the most serious, readily provable offenses.").



21 U.S.c. 841 provids:



(a) Unlawful actsExcept as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally—

(1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or

(2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.



21 U.S.C. 856 provides:



(a) Unlawful actsExcept as authorized by this subchapter, it shall be unlawful to—

(1) knowingly open, lease, rent, use, or maintain any place, whether permanently or temporarily, for the purpose of manufacturing, distributing, or using any controlled substance;

(2) manage or control any place, whether permanently or temporarily, either as an owner, lessee, agent, employee, occupant, or mortgagee, and knowingly and intentionally rent, lease, profit from, or make available for use, with or without compensation, the place for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance.











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