Starting level and typical ranges
The starting level for this offense depends on another offense: offense level from the drug trafficking guideline (§2D1.1) for the underlying drug crimes. Work out the drug offense level first with the “Sold, moved or made drugs” calculator (§2D1.1), then type that level here. No role adjustment applies under this guideline (§2D1.5, note 1), so leave out the parts of §2D1.1 that depend on one: the minor role reductions to the quantity table level (§2D1.1(a)(5)), the increases for a leadership role (§2D1.1(b)(15) and (b)(16)), and the reduction for a minimal role (§2D1.1(b)(17)). Keep the methamphetamine import increase (§2D1.1(b)(5)), which applies when no mitigating role adjustment is given. The 2-level safety valve reduction (§2D1.1(b)(18)) does not fit either, because its criteria exclude anyone engaged in a continuing criminal enterprise (§5C1.2(a)(4)). This guideline adds 4 levels, and the result is never lower than 38. Use the calculator above and enter that level when asked.
Important details
- Do not add a leadership or other role adjustment (Chapter Three, Part B). The level here already accounts for the person's role (§2D1.5, note 1).
- The law requires at least 20 years in prison for a first conviction, at least 30 years for a second, and life for the principal leaders of extremely large enterprises (§2D1.5, background).
- A sentence for a conviction that came before the last act of this offense counts as criminal history, not as part of this offense (§2D1.5, note 2).
Frequently asked questions
Is the calculator accurate for continuing criminal enterprise?
It follows §2D1.5 of the Guidelines Manual effective November 1, 2025. It passed 5 review rounds, each comparing every number, rule and label with the manual text, and its last round found nothing to correct. Those reviews were done with AI tools, not by lawyers, and it has not yet been reviewed by an attorney, so mistakes are possible. The guidelines are advisory, and a lawyer who knows the case can tell you what actually applies.
Related offenses
- Using a Phone to Commit a Drug CrimeUsed a phone, the mail or the internet to commit a drug crimeVerified
- Drug ParaphernaliaSold or shipped drug paraphernaliaVerified
- Maintaining a Drug HouseKept or rented out a place used for making, selling or using drugsVerified
- Booby Traps on Federal PropertySet booby traps on federal land to protect a drug operationVerified
- Endangering Life While Making DrugsPut someone's life at risk while illegally making drugsVerified
- Listed Chemical OffensesHad, sold, imported or exported chemicals used to make drugsVerified
- Drug Manufacturing EquipmentHad, made, sold or shipped equipment or supplies for making drugsVerified
- Structuring Chemical TransactionsEvaded chemical reporting rules or used fake ID to buy chemicalsVerified