Unlocking the Sentencing Guidelines, A Virtual Series: Session 3 - Calculating Guidelines in Drug Cases

Unlocking the Sentencing Guidelines: A Virtual Series is a comprehensive examination of the U.S. Sentencing Guidelines. Monthly webinars will examine topics in Chapter One on relevant conduct; in Chapter Two on guideline calculations for drug offenses, firearm offenses, immigration offenses, sex offenses, and economic crime offenses; in Chapter Three on adjustments and grouping; in Chapter Four on criminal history calculations and career offender/categorical approach problems; in Chapters Five and Seven on imposition and violations of probation/supervised release; on recent guideline amendments and trending sentencing guideline issues; on the effective use of data and resources in deconstructing the guidelines; and, finally, on the importance of injecting the clients' stories to move away from a rigid application of the guidelines, particularly when the guidelines provide too harsh a sentence.

Session 3 - Calculating Guidelines in Drug Cases

Drug trafficking, distribution, and conspiracy cases are some of the most commonly prosecuted federal offenses. As defense practitioners, we are compelled to be experts on the fundamentals and nuances of USSG SS2D1.1. This session addresses how to calculate drug base offense levels: looking to the type and quantity of drugs in the offense; combining drug quantities when different controlled substances are involved; defining both serious bodily injury and "prior conviction for a felony drug offense" and the impact they may have; and examining the effect that a mitigating role adjustment can have on the base offense level. We also explore some of the most common specific offense characteristics, such as whether a dangerous weapon was possessed and whether violence was used or threatened. Finally, we will cover the legal and factual standards for guideline application, significant case law interpreting this guideline, drug purity issues, the concepts of relevant conduct and jointly undertaken criminal activity, the interplay of this guideline with safety valve, new litigation trends, and effective litigation strategies. 

Presenter: Joseph Camden is an Assistant Federal Public Defender in the Richmond office of the Eastern District of Virginia. Before coming to Richmond in 2017, he spent seven years as a trial attorney at Federal Defenders of San Diego, Inc., where he focused on litigating illegal reentry cases and categorical approach issues. And before that, he spent a couple years teaching English in Siberia.

CLE Information:

We have applied for CLE accreditation in states that have mandatory requirements. We regret that we cannot respond to telephone inquiries regarding the status of CLE approval prior to the webinar. All information related to CLE will be emailed to attendees within 15-30 days following the program.

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• The attorney is responsible for making sure the appropriate state and bar number is on file with the DSO Training Division.
• For applicable states, attendance will be reported using the bar number and state(s) listed on the registration form submitted for this program.
• Failure to provide the state and bar number may result in the Training Division not being able to report your attendance.