21 U.S.C. § 865 | Smuggling methamphetamine or methamphetamine precursor chemicals into the United States while using facilitated entry programs

(a)

Enhanced prison sentence

21 U.S.C. 801 21 U.S.C. 951 21 U.S.C. 802(33)1

1 So in original. A second closing parenthesis probably should precede the comma.

The sentence of imprisonment imposed on a person convicted of an offense under the Controlled Substances Act ( et seq.) or the Controlled Substances Import and Export Act ( et seq.), involving methamphetamine or any listed chemical that is defined in section 102(33) of the Controlled Substances Act (, shall, if the offense is committed under the circumstance described in subsection (b), be increased by a consecutive term of imprisonment of not more than 15 years.

(b)

Circumstances

For purposes of subsection (a), the circumstance described in this subsection is that the offense described in subsection (a) was committed by a person who—

(1)

was enrolled in, or who was acting on behalf of any person or entity enrolled in, any dedicated commuter lane, alternative or accelerated inspection system, or other facilitated entry program administered or approved by the Federal Government for use in entering the United States; and

(2)

committed the offense while entering the United States, using such lane, system, or program.

(c)

Permanent ineligibility

Any person whose term of imprisonment is increased under subsection (a) shall be permanently and irrevocably barred from being eligible for or using any lane, system, or program described in subsection (b)(1).

Pub. L. 109–177, title VII, § 731Mar. 9, 2006120 Stat. 270(, , .)

Editorial Notes

References in Text

Pub. L. 91–513Oct. 27, 197084 Stat. 1242 section 801 of this titleThe Controlled Substances Act, referred to in subsec. (a), is title II of , , , which is classified principally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 91–513Oct. 27, 197084 Stat. 1285 section 951 of this titleThe Controlled Substances Import and Export Act, referred to in subsec. (a), is title III of , , , which is classified principally to subchapter II (§ 951 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

Section was enacted as part of the USA PATRIOT Improvement and Reauthorization Act of 2005 and also as part of the Combat Methamphetamine Epidemic Act of 2005, and not as part of the Controlled Substances Act which comprises this subchapter.