STING K-9 Unit Seizes Illegal Narcotics and 2011 Lincoln 4S
In an April 29 press release, Stephens County Sheriff Randy Shirley advised that a Toccoa man was arrested following a traffic stop where drugs were found, and procedures have been instituted to seize the individual’s vehicle.
Shirley stated that a K9 Deputy with the Sheriff’s Office STING Unit was patrolling the area of Historic Highway 17 when he observed a white in color Lincoln sedan without a headlight and without a tag. The deputy conducted a traffic stop on the vehicle on Hayes Wilbanks Road.
According to the press release, after making contact with the driver, deputies observed him attempting to conceal an item in his front pants zipper area. The deputy asked the driver to step out of his vehicle to conduct a pat down for deputy safety.
During the pat down, the deputy felt what he believed to be a large plastic baggie containing a rock-like substance suspected to be methamphetamine, with a weight of approximately 23 grams.
A K9 search of the vehicle revealed a plastic vial with the label removed containing 3 white prescription type pills. Deputies also located small baggies and weighing scales in the vehicle that are commonly used to facilitate the distribution of illegal substances. The white pills will be sent to the Georgia Bureau of Investigation Crime Lab for identification. The Stephens County Sheriff’s Office also seized the 2011 Lincoln 4S, and has forwarded the necessary Forfeiture paperwork to the District Attorney’s Office.
The driver is identified as Thomas Clifford Burnette, age 59, was arrested and taken to the Stephens County Jail. Burnette was charged with Possession of Methamphetamine, Possession of Methamphetamine with Intent to Distribute, and Registration Requirements. Burnette is awaiting a first appearance.
Methamphetamine is considered a Schedule II drug/controlled substance in Georgia; the classification also includes crack cocaine, morphine, opium, and methadone.
In Georgia, the penalty for being charged with possession of methamphetamine will be charged as a felony, with the sentence dependent upon the amount of methamphetamine seized.
If the aggregate weight, including any mixture, is less than one gram of a solid substance, less than one milliliter of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than one gram, then the penalty will be a prison term between one and three years;
If the aggregate weight, including any mixture, is at least one gram but less than four grams of a solid substance, at least one milliliter but less than four milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least one gram but less than four grams, then the penalty will be a prison term between one and eight years; and
If the aggregate weight, including any mixture, is at least four grams but less than 28 grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least four grams but less than 28 grams, then the penalty is a prison term between one and fifteen years. O.C.G.A. § 16-13-30(c);
If the amount is greater than 28 grams, then a possession charge will get elevated to trafficking methamphetamine.
FEDERAL DRUG STATUTES FREQUENTLY MIRRORED BY STATE STATUTES
21 USC § 841(a)(1) – Distribution/Manufacturing/Possession with intent to Distribute
Statutory maximum generally is 20 years
Five year mandatory minimum and maximum 40 years (21 USC 841(b)(1)(B)) if:
5 grams or more of actual meth
28 grams or more of crack
50 grams or more of a mixture containing meth
40 grams or more of fentanyl
100 grams or more of heroin
10 grams or more of PCP
500 grams or more of cocaine
1 gram or more of LSD
100 kilogram or more of marijuana (or 100 or more plants)
Ten year mandatory minimum and maximum life (21 USC 841(b)(1)(A) if:
50 grams or more of actual meth
280 grams or more of crack
500 grams or more of a mixture containing meth
400 grams or more of fentanyl
1 kilogram or more of heroin
100 grams or more of PCP
5 kilograms or more of cocaine
10 grams or more of LSD
1000 kilogram or more of marijuana (or 1,000 or more plants)
Penalties also can be increased if defendant has a prior felony drug conviction or is a career offender (two or more felony drug offense or crimes of violence).
Twenty year mandatory minimum if death or serious bodily injury results from use of the drug.
Enhanced penalties also available for distribution to individuals under 21 (21 USC § 859) or distributions near schools, playgrounds, youth centers, arcades, pools, and public housing (21 USC § 860).
21 USC § 846 (Conspiracy/Attempt)
Penalties identical to distribution penalties.
21 USC § 843(a)(3) (Obtaining Controlled Substances by Misrepresentation, Fraud, etc.)
Four year maximum for drug diversion offenses.
21 USC § 843(b) (Use of a Communication Facility to Facilitate Drug Felony)
Four year maximum for each use of a telephone to arrange a drug transaction.
21 USC § 844 (Simple Possession)
Misdemeanor – One year maximum
Can become felony with higher penalties if prior drug convictions.
21 USC § 848 (Continuing Criminal Enterprise – “Drug Kingpin Statute”)
Mandatory minimum 20 years and maximum of life can be imposed on a leader of an organization of five or more individuals who engage in a continuing series of drug violations from which the person derived substantial income. Mandatory life and death penalty available under certain circumstances.
21 USC § 856 (Maintaining a Drug-Involved Premises – “Crack House Statute”)
Twenty year maximum for opening, leasing, renting, or maintain a premises for drug manufacturing, use or distribution. Also applies to those who manage or control such premises (including owners and landlords of rental properties).
18 USC § 1952 (Interstate Travel in Aid of Racketeering – “Travel Act”)
Five year maximum for traveling or using the mail or instruments of interstate commerce (telephone/internet) with intent to facilitate drug trafficking.