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Federal Drug Conspiracy Minimum Sentences: 10 Year and 20 Year Mandatory Terms
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Federal Drug Conspiracy Minimum Sentences: 10 Year and 20 Year Mandatory Terms
Federal drug conspiracy charges carry the same mandatory minimums as actually committing the underlying drug offense. This means getting swept into a conspiracy can trigger 5, 10, or 20-year mandatory sentences—even if you never touched the drugs, made minimal profit, or played a peripheral role.
Understanding how conspiracy mandatory minimums work is essential because the goverment uses conspiracy charges to hold everyone in an operation accountable for everything.
How Conspiracy Triggers Mandatory Minimums
Under 21 U.S.C. § 846, conspiracy to violate drug laws “shall be subject to the same penalties” as the underlying offense. This means quantity thresholds for mandatory minimums apply to conspiracy cases exactly as they apply to actual distribution.
The critical issue: in conspiracy, you’re responsible for quantities attributable to the entire conspiracy during your participation—not just what you personally handled.
The 10-Year Mandatory Threshold
Ten-year mandatory minimums trigger at:
• 5 kilograms cocaine
• 1 kilogram heroin
• 400 grams fentanyl
• 500 grams methamphetamine (pure)
• 1000 kilograms marijuana
In a conspiracy moving 10 kilos of cocaine over a year, every participant faces the 10-year mandatory—whether they were the leader who controlled the operation or the driver who made one delivery.
The 20-Year Mandatory Enhancement
Under 21 U.S.C. § 851, if you have a prior drug felony conviction, the government can file an enhancement doubling your mandatory minimum. That 10-year becomes 20 years. Two prior convictions can trigger life without parole.
The 851 enhancement must be filed before trial or guilty plea. Your attorney should track whether proper notice was given and challenge procedural failures.
Limiting Your Exposure
Challenge scope: Even if you joined a conspiracy, your liability can be limited to what you actually agreed to. If you joined late or agreed only to marijuana while conspiracy also involved cocaine, challenge quantity attribution.
Withdrawal defense: If you withdrew from conspiracy before certain acts, you’re not liable for those acts. Withdrawal requires affirmative steps communicated to co-conspirators.
Safety valve: First Step Act expanded eligibility. If you qualify, judge can sentence below mandatory minimum.
Role reductions: Even with mandatory minimums, minor/minimal role reductions can significantly lower guidelines within the mandatory floor.
Get Help Now
Conspiracy mandatory minimums treat peripheral participants like kingpins. Defense requires challenging quantity attribution and pursuing every available reduction. Call today. We’re here 24/7.