The guideline in a drug conspiracy is based on the type of drug, the quantity involved and the role the defendant played in the conspiracy. For example, a conspiracy involving more than 150 kilos of cocaine or 30 kilos of heroin is a level 38, but a conspiracy involving 50-150 kilos of cocaine is a level 36. The level changes depending on the amount of drugs involved, as well as the type of drugs. Then there is the question of the defendant‚Äôs role in the conspiracy. Did the defendant play a “major” role, “minor” role or “minimal” role? This will result in a level increase or decrease. There is also the question of whether the defendant will go to trial or plead guilty. The defendant will get a reduction for “acceptance of responsibility.”
There may be other significant circumstances, particular to a defendant, that are outside the guideline computation. They may help or hurt the defendant but will also be taken into consideration.