Legal Question in Criminal Law in Michigan

Re: Sale of ecstacy to an undercover police officer

Delivery of Ecstacy is a Class B felony on the felony guidelines because the Legislature designated that crime as a Class B felony; the Legislature must believe that ecstacy (as well as methamphetamine, since that's listed in the same crime) is a very serious and dangerous drug. That's what "makes" it a Class B felony.

No, you do not have different guidelines for delivering the drug to a civilian or to an undercover officer.

A range of "51-85 months" falls in the E/I or D/II cell on the guidelines. But it's hard to determine with certainty what your true guidelines scoring is without seeing your criminal history printout, as well as the police report to know what your case facts are.

If you have an attorney, you should sit down with him/her to go over everything that factors into the guidelines scoring so your attorney can make proper objections/corrections at the sentencing hearing.

You can read the Felony Sentencing Guidelines at

http://courts.michigan.gov/mji/resources/sentencing-guidelines/sg.htm

You'd want to read the Instructions and Definitions chapters first, then look in the Crimes Involving a Controlled Substance (applying points for your prior record, and then the offense variables). Then open the Grids documents to the Class B page and see what cell you probably fall into.

Ultimately, the judge makes the call as to what the proper guidelines scoring is.

Re: Sale of ecstacy to an undercover police officer

Your questions are not specific enough to be answered here. They should be directed to your lawyer.

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