§ 36

((a)) ** .—** In this section, “major drug offense” means— ((1)) a continuing criminal enterprise punishable under section 408(c) of the Controlled Substances Act (); ((2)) a conspiracy to distribute controlled substances punishable under section 406 of the Controlled Substances Act () section  1013 of the Controlled Substances Import and Export Act (); or ((3)) an offense involving major quantities of drugs and punishable under section 401(b)(1)(A) of the Controlled Substances Act () or section 1010(b)(1) of the Controlled Substances Import and Export Act (). ((b)) ** .—** ((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.