Sec. 407 TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... 92

Sec. 407 TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... 92 

ADDITIONAL PENALTIES 

SEC. 407. ø21 U.S.C. 847¿ Any penalty imposed for violation of this title shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law. 

CONTINUING CRIMINAL ENTERPRISE 

SEC. 408. ø21 U.S.C. 848¿ (a) Any person who engages in a continuing criminal enterprise shall be sentenced to a term of im- prisonment which may not be less than 20 years and which may be up to life imprisonment, to a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $2,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, and to the forfeiture prescribed in section 413 of this title; except that if any person engages in such activity after one or more prior convic- tions of him under this section have become final, he shall be sen- tenced to a term of imprisonment which may not be less than 30 years and which may be up to life imprisonment, to a fine not to exceed the greater of twice the amount authorized in accordance with the provisions of title 18, United States Code, or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, and to the forfeiture prescribed in section 413 of this title. 

(b) Any person who engages in a continuing criminal enterprise shall be imprisoned for life and fined in accordance with subsection (a), if— 

(1) such person is the principal administrator, organizer, or leader of the enterprise or is one of several such principal administrators, organizers, or leaders; and 

(2)(A) the violation referred to in subsection (c)(1) involved at least 300 times the quantity of a substance described in sub- section 401(b)(1)(B) of this Act, or 

(B) the enterprise, or any other enterprise in which the de- fendant was the principal or one of several principal adminis- trators, organizers, or leaders, received $10 million dollars in gross receipts during any twelve-month period of its existence for the manufacture, importation, or distribution of a sub- stance described in section 401(b)(1)(B) of this Act.
(c) For purposes of subsection (a), a person is engaged in a con- 

tinuing criminal enterprise if—
(1) he violates any provision of this title or title III the 

punishment for which is a felony, and
(2) such violation is a part of a continuing series of viola- 

tions of this title or title III—
(A) which are undertaken by such person in concert 

with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory posi- tion, or any other position of management, and 

(B) from which such person obtains substantial income or resources. 

(d) In the case of any sentence imposed under this section, im- position or execution of such sentence shall not be suspended, pro- 

January 16, 2018 As Amended Through P.L. 115-91, Enacted December 12, 2017 

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93 TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... Sec. 409 

bation shall not be granted, and the Act of July 15, 1932 (D.C. Code, secs. 24–203—24–207), shall not apply. 

Death Penalty 

(e)(1) In addition to the other penalties set forth in this sec- tion— 

(A) any person engaging in or working in furtherance of a continuing criminal enterprise, or any person engaging in an offense punishable under section 841(b)(1)(A) or section 960(b)(1) who intentionally kills or counsels, commands, in- duces, procures, or causes the intentional killing of an indi- vidual and such killing results, shall be sentenced to any term of imprisonment, which shall not be less than 20 years, and which may be up to life imprisonment, or may be sentenced to death; and 

(B) any person, during the commission of, in furtherance of, or while attempting to avoid apprehension, prosecution or service of a prison sentence for, a felony violation of this title or title III who intentionally kills or counsels, commands, in- duces, procures, or causes the intentional killing of any Fed- eral, State, or local law enforcement officer engaged in, or on account of, the performance of such officer’s official duties and such killing results, shall be sentenced to any term of impris- onment, which shall not be less than 20 years, and which may be up to life imprisonment, or may be sentenced to death; and (2) As used in paragraph (1)(B), the term ‘‘law enforcement of- 

ficer’’ means a public servant authorized by law or by a Govern- ment agency or Congress to conduct or engage in the prevention, investigation, prosecution or adjudication of an offense, and in- cludes those engaged in corrections, probation, or parole functions. 

Appeal in Capital Cases; Counsel for Financially Unable Defendants 

(q)40 

(s)41 SPECIAL PROVISION FOR METHAMPHETAMINE.—For the purposes of subsection (b), in the case of continuing criminal enter- prise involving methamphetamine or its salts, isomers, or salts of isomers, paragraph (2)(A) shall be applied by substituting ‘‘200’’ for ‘‘300’’, and paragraph (2)(B) shall be applied by substituting ‘‘$5,000,000’’ for ‘‘$10 million dollars’’. 

TRANSPORTATION SAFETY OFFENSES 

SEC. 409. ø21 U.S.C. 849¿ (a) DEFINITIONS.—In this section— ‘‘safety rest area’’ means a roadside facility with parking 

facilities for the rest or other needs of motorists.
‘‘truck stop’’ means a facility (including any parking lot ap- 

purtenant thereto) that—
(A) has the capacity to provide fuel or service, or both, 

to any commercial motor vehicle (as defined in section 

40 So in law. See amendments made by sections 221(4) and 222(c) of Public Law 109–177 (120 Stat. 231). 

41 So in law. There are no subsections (f) through (q) and (r) in section 408. 

January 16, 2018 As Amended Through P.L. 115-91, Enacted December 12, 2017 

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