Page:United States Statutes at Large Volume 100 Part 4.djvu/282

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100 STAT. 3207-3
PUBLIC LAW 99-000—MMMM. DD, 1986
100 STAT. 3207-3

100 STAT. 3207-3

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PUBLIC LAW 99-570—OCT. 27, 1986

both. If any person commits such a violation after one or more prior convictions for an offense punishable under this paragraph, or for a felony under any other provision of this title or title III or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment which may not be less than 20 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $8,000,000 if the defendant is an individual or $20,000,000 if the defendant is other than an individual, or both. Any sentence under this subparagraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 5 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 10 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this subparagraph. No person sentenced under this subparagraph shall be eligible for parole during the term of imprisonment imposed therein. "(B) In the case of a violation of subsection (a) of this section involving— "(i) 100 grams or more of a mixture or substance containing a detectable amount of heroin; "(ii) 500 grams or more of a mixture or substance containing a detectable amount of— "(I) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; i "(II) cocaine, its salts, optical and geometric isomers, and salts of isomers; A "(III) ecgonine, its derivatives, their salts, isomers, and f salts of isomers; or "(IV) any compound, mixture, or preparation which con,, Sj^>Hkt tains any quantity of any of the substance referred to in subclauses (I) through (III);"; iji "(iii) 5 grams or more of a mixture or substance described in i;K clause (ii) which contains cocaine base; "(iv) 10 grams or more of phencyclidine (PGP) or 100 grams or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); (v) 1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); "(vi) 40 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[l-(2-phenylethyl)-4piperidinyl] propanamide or 10 grams or more of a mixture or //^' substance containing a detectable amount of any analogue of N-phenyl-N-[l-(2-phenylethyl)-4-piperidinyl] propanamide; or "(vii) 100 kilograms or more of a mixture or substance containing a detectable amount of marihuana; such person shall be sentenced to a term of imprisonment which may not be less than 5 years and not more than 40 years and if death or serious bodily injury results from the use of such substcince shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of