Does a PSR go off the number of drugs in the plea deal or the number found at the scene?

Asked almost 2 years ago - Austin, TX

I have a federal sentencing coming up with regards to marijuana. They found X number of plants. I plead guilty to a charge of 50 plants in the plea deal. I keep reading about the original amount found to be "relevant conduct" on the internet. 50 plants vs the number found would be a dramatic difference in the PSR. I would like to know which number the pre-sentencing report goes off of.

Additional information

At the end of the plea deal it has a summary of the "raw" find that lead to the plea deal.

Attorney answers (5)

  1. John J. Ritenour Jr.

    Contributor Level 11

    11

    Lawyers agree

    Answered . federal sentencing is much too involved to give a simple answer to your question. Make sure you thoroughly discuss all of this with your lawyer until you completely understand what's happening.

  2. Evan Edward Pierce-Jones

    Contributor Level 18

    10

    Lawyers agree

    Answered . You really need to discuss this issue with your criminal defense lawyer.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No... more
  3. Joshua Sabert Lowther

    Pro

    Contributor Level 17

    6

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . The purpose of the Plea Agreement's reference to 50 plants is to set the statutory penalty parameters: pursuant to 21 USC Section 842(b)(1)(C), you may be sentenced to a term of imprisonment not to exceed 20 years. However, you actual sentence will be determined in significant part by your advisory US Sentencing Guidelines range, which will be determined by the District Court's consideration of all of the facts and circumstances of the offense, including "relevant conduct" pursuant to USSC Section 1B1.3. Relevant conduct is considered to be "all acts and omissions committed, aided, abetted, counseled, commanded, induced, procured, or willfully caused by the defendant; and in the case of a jointly undertaken criminal activity (a criminal plan, scheme, endeavor, or enterprise undertaken by the defendant in concert with others, whether or not charged as a conspiracy), all reasonably foreseeable acts and omissions of others in furtherance of the jointly undertaken criminal activity...." Obviously, this definition is broad, and except in extraordinary circumstances, it likely will include all of the plants seized in your case.

    Joshua Sabert Lowther, Esq.
    NATIONAL FEDERAL DEFENSE GROUP
    jlowther@nationalfederaldefense.com
    http://www.NationalFederalDefense.com
    866.380.1782

  4. Gray Richard Proctor

    Pro

    Contributor Level 13

    7

    Lawyers agree

    Answered . The PSR will go off the number of plants actually found; that's the number that will be used to calculated your sentence under the guidelines absent some deal to the contrary. You can't get more than the statutory max for 50 plants, though, even if your guidelines are calculated based on the 5000 (or however many) plants they actually found.

    Answers are for informational purposes, not legal advice for your specific situation. www.appealsandhabeas.com
  5. Thomas K Coan

    Pro

    Contributor Level 5

    1

    Lawyer agrees

    Answered . There is no set formula by which the PSR determines the number of plants, or the amount of drugs in particular case. The number may be set by agreement between the defense attorney in the prosecutor's office, or it could be based upon relevant conduct. Sentencing federal court when a drug case will typically be based on the amount of drugs that was reasonably foreseeable to the defendant during the time that he or she was involved in the offense.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,156 answers this week

3,268 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,156 answers this week

3,268 attorneys answering