Offense Level of Drugs

Weight calculations for drug offenses pertain to “relevant conduct” at sentencing. Relevant conduct can lead to a point reduction or increase. Any minute calculation error can result in years of additional prison time. Approximating drug quantity therefore requires an abundance of caution and consideration of a margin of error to reduce the defendant’s base level.

Quantity of drugs in conspiracy cases are decided based on preponderance of the evidence and reasonable foreseeability comes into play as relevant conduct during sentencing. When considering the PSI report, the district court must also make a determination as to whether or not defendants reasonably foresaw all of the transactions related to the transfer of money alleged. If the reasonable foreseeability findings are not made on the record, this creates sentencing issues for appeal.