21 U.S.C. § 848 — Continuing criminal enterprise

(a) A person engaged in a continuing criminal enterprise must receive at least 20 years and up to life in prison, a fine no greater than the greater of the title 18 amount or $2,000,000 for an individual ($5,000,000 for another defendant), and the forfeiture required by section 853. If the person has a final prior conviction under this section, the prison term is at least 30 years and up to life, and the fine may be no greater than the greater of twice the title 18 amount or $4,000,000 for an individual ($10,000,000 for another defendant), with the same forfeiture. (b) A person engaged in a continuing criminal enterprise must be imprisoned for life and fined under subsection (a) if (1) the person is its principal administrator, organizer, or leader, alone or with others; and (2) either (A) the violation in subsection (c)(1) involved at least 300 times the quantity of a substance described in section 841(b)(1)(B), or (B) the enterprise, or another enterprise in which the defendant held such a leadership role, received $10 million in gross receipts during any 12-month period for making, importing, or distributing a substance described in section 841(b)(1)(B). (c) For subsection (a), a person is engaged in a continuing criminal enterprise if (1) the person violates a provision of this subchapter or subchapter II punishable as a felony; and (2) the violation is part of a continuing series of violations of either subchapter undertaken with five or more other people whom the person organizes, supervises, or manages, and from which the person gets substantial income or resources. (d) A sentence under this section may not be suspended, probation may not be granted, and the Act of July 15, 1932 (D.C. Code sections 24–203 through 24–207) does not apply. (e)(1) In addition to other penalties here, a person engaged in or working to advance a continuing criminal enterprise, or engaged in an offense punishable under section 841(b)(1)(A) or 960(b)(1), who intentionally kills or directs, induces, procures, or causes an intentional killing that results may receive any prison term of at least 20 years up to life or may be sentenced to death. A person who, during a felony violation of this subchapter or subchapter II, in furtherance of it, or while trying to avoid apprehension, prosecution, or service of a prison sentence, intentionally kills or similarly causes the death of a federal, state, or local law-enforcement officer performing official duties may likewise receive at least 20 years up to life or death. (2) “Law enforcement officer” means a public servant authorized by law, a government agency, or Congress to prevent, investigate, prosecute, or adjudicate an offense, including a person performing corrections, probation, or parole functions. (g) through (p) Repealed by Public Law 109–177, title II, section 221(2), March 9, 2006, 120 Stat. 231. (q) Repealed by Public Law 109–177, title II, sections 221(4) and 222(c), March 9, 2006, 120 Stat. 231, 232. (r) Repealed by Public Law 109–177, title II, section 221(3), March 9, 2006, 120 Stat. 231. (s) For subsection (b), if the enterprise involves methamphetamine or its salts, isomers, or salts of isomers, use 200 instead of 300 in paragraph (2)(A), and use $5,000,000 instead of $10 million in paragraph (2)(B).