18 U.S.C. § 36

(a) Definition .— In this section, “major drug offense” means— (1) a continuing criminal enterprise punishable under section 408(c) of the Controlled Substances Act ( 21 U.S.C. 848(c) ); (2) a conspiracy to distribute controlled substances punishable under section 406 of the Controlled Substances Act ( 21 U.S.C. 846 ) section 1 1 So in original. Probably should be preceded by “or”. 1013 of the Controlled Substances Import and Export Act ( 21 U.S.C. 963 ); or (3) an offense involving major quantities of drugs and punishable under section 401(b)(1)(A) of the Controlled Substances Act ( 21 U.S.C. 841(b)(1)(A) ) or section 1010(b)(1) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960(b)(1) ). (b) Offense and Penalties .— (1) A person who, in furtherance or to escape detection of a major drug offense and with the intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more persons and who, in the course of such conduct, causes grave risk to any human life shall be punished by a term of no more than 25 years, by fine under this title, or both. (2) A person who, in furtherance or to escape detection of a major drug offense and with the intent to intimidate, harass, injure, or maim, fires a weapon into a group of 2 or more persons and who, in the course of such conduct, kills any person shall, if the killing— (A) is a first degree murder (as defined in section 1111(a)), be punished by death or imprisonment for any term of years or for life, fined under this title, or both; or (B) is a murder other than a first degree murder (as defined in section 1111(a)), be fined under this title, imprisoned for any term of years or for life, or both.