United States of America v. Jorge D. Franco

Wichita, Kansas criminal defense lawyer represented the Defendant charged with Possession of Methamphetamine with the Intent to Distribute in violation of 21:841(a)(1) and (b)(1)(C) and 18:2.



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21 USC § 841(a)(1) – Distribution/Manufacturing/Possession with intent to Distribute



Statutory maximum generally is 20 years



Five year mandatory minimum and maximum 40 years (21 USC 841(b)(1)(B)) if:



5 grams or more of actual meth 28 grams or more of crack



50 grams or more of a mixture containing meth 40 grams or more of fentanyl



100 grams or more of heroin 10 grams or more of PCP



500 grams or more of cocaine 1 gram or more of LSD



100 kilogram or more of marijuana (or 100 or more plants)



Ten year mandatory minimum and maximum life (21 USC 841(b)(1)(A) if:



50 grams or more of actual meth 280 grams or more of crack



500 grams or more of a mixture containing meth 400 grams or more of fentanyl



1 kilogram or more of heroin 100 grams or more of PCP



5 kilograms or more of cocaine 10 grams or more of LSD



1000 kilogram or more of marijuana (or 1,000 or more plants)



Penalties also can be increased if defendant has a prior felony drug conviction or is a career offender (two or more felony drug offense or crimes of violence).



Twenty year mandatory minimum if death or serious bodily injury results from use of the drug.



Enhanced penalties also available for distribution to individuals under 21 (21 USC § 859) or distributions near schools, playgrounds, youth centers, arcades, pools, and public housing (21 USC § 860).







21 USC § 846 (Conspiracy/Attempt)



Penalties identical to distribution penalties.

The Defendant was found guilty and was sentenced to 120 months imprisonment, 3 years supervised release, $100 assessment fee.