21-U.S.C.-865
§865 – Smuggling Methamphetamine Or Methamphetamine Precursor Chemicals Into The United States While Using Facilitated Entry Programs
Pathway
Title 21 > Chapter 13 > Subchapter I > Part D > Section 865
Details
- Reference: Section 865
- Legend: §865 – Smuggling Methamphetamine Or Methamphetamine Precursor Chemicals Into The United States While Using Facilitated Entry Programs
- USCode Year: 2013
Provision Content
(a) Enhanced prison sentence
The sentence of imprisonment imposed on a person convicted of an offense under the Controlled Substances Act (21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), involving methamphetamine or any listed chemical that is defined in section 102(33) of the Controlled Substances Act (21 U.S.C. 802(33), shall, if the offense is committed under the circumstance described in subsection (b), be increased by a consecutive term of imprisonment of not more than 15 years.
(b) Circumstances
For purposes of subsection (a), the circumstance described in this subsection is that the offense described in subsection (a) was committed by a person who—
(1) was enrolled in, or who was acting on behalf of any person or entity enrolled in, any dedicated commuter lane, alternative or accelerated inspection system, or other facilitated entry program administered or approved by the Federal Government for use in entering the United States; and
(2) committed the offense while entering the United States, using such lane, system, or program.
(c) Permanent ineligibility
Any person whose term of imprisonment is increased under subsection (a) shall be permanently and irrevocably barred from being eligible for or using any lane, system, or program described in subsection (b)(1).
(Pub. L. 109–177, title VII, §731, Mar. 9, 2006, 120 Stat. 270.)
References in Text
The Controlled Substances Act, referred to in subsec. (a), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, as amended, which is classified principally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables.
The Controlled Substances Import and Export Act, referred to in subsec. (a), is title III of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1285, as amended, which is classified principally to subchapter II (§951 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 951 of this title and Tables.
Codification
Section was enacted as part of the USA PATRIOT Improvement and Reauthorization Act of 2005 and also as part of the Combat Methamphetamine Epidemic Act of 2005, and not as part of the Controlled Substances Act which comprises this subchapter.
U.S. Encyclopedia of Law Coverage
21-U.S.C.-858 in the Legal Encyclopedia: Penalties
In this entry about 21-U.S.C.-858, find legal reference material, bibliographies and premiere content related to penalties in the American Encyclopedia of Law, presenting a comprehensive view of the United States penalties-specific issues, written by authorities in the field.
21-U.S.C.-847 in the Legal Encyclopedia: Drug Abuse Control
In this entry about 21-U.S.C.-847, find legal reference material, bibliographies and premiere content related to drug abuse control in the American Encyclopedia of Law, presenting a comprehensive view of the United States drug abuse control-specific issues, written by authorities in the field.
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